Jacksonville Criminal Defense Attorney Blog
A Jacksonville man is in police custody facing a pending sexual battery charge. The man also happens to be a registered sexual predator in Florida who is on probation. According to an article in the Florida Times Union, the man was drinking with a woman and later in the night, the woman claimed she woke up to her pants being pulled down. She alleges the man engaged in several sex acts with her without her consent. The man then quickly left the apartment because he had a curfew as part of his probation, according to the woman. Another condition of the suspect’s probation is that he wear a GPS monitor. Police confirmed that the man was at the alleged victim’s apartment at the time of the alleged rape. The man’s DNA was allegedly found on the woman’s pants.
Because the man was arrested for a new law violation while on probation, his Duval County sex offender probation is going to be violated. Even though he now has a $500,000 bond on the new sex charge, the bond for the violation of probation will almost surely be NONE. That means once arrested on the violation, he cannot bond out at all. When you are on probation in Jacksonville and are arrested on any new charge, you can be violated if the new arrest was based on probable cause. That means that more likely than not, the arresting officer believed a crime was committed. The man is on probation for sexual battery of a minor, which is a first degree felony. That means he is facing up to thirty years in prison if he is found in violation of his probation. This possible sentence does not include the new charge.
The new sex charge is sexual battery, which is a second degree felony in Florida. If filed, this charge carries a maximum of fifteen years in prison. Sexual battery, also referred to as rape, is usually a he said/she said. That appears to be the situation in this case, although police claim the man denied any sexual contact with the woman. This presents a problem if his semen was in fact found on her pants. The fact that the man is a registered sex predator is going to hurt his credibility with prosecutors assigned to make the decision on whether or not to file the new charge.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crime Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.