The Law offices of Arnold & Smith - John Price Carr House
You cannot reason with the unreasonable;
When it is time to fight,
WE FIGHT TO WIN.

Our office continues to operate during our regular business hours, which are 8:30 am - 5:30 pm, Monday through Friday, but you can call the office 24 hours a day. We continue to follow all recommendations and requirements of the State of Emergency Stay at Home Order. Consultations are available via telephone or by video conference. The safety of our clients and employees is of the utmost importance and, therefore, in-person meetings are not available at this time except for emergencies or absolutely essential legal services.

Charlotte Sexual Battery Charges Lawyers

Last week, a North Carolina man faced charges for a sexual battery that happened at North Carolina University. A man followed the victim inside her residence hall where he then hugged her, kissed her, and fondled her. After the sexual battery, he fled the scene. He is now facing charges for breaking or entering, sexual battery, and assault on an individual with a disability. North Carolina takes sexual battery charges extremely seriously. At the same time, proving that a sexual battery took place is not always straightforward.

Our Criminal Defense Lawyers Can Help

If you have been accused of a sexual battery and you are facing criminal charges, our Charlotte criminal defense lawyers can help. Sexual battery is often a misunderstood crime. Those convicted of sexual battery face jail time, a permanent criminal record, and placement on the North Carolina Sex Offender Registry. If you have been accused of sexual battery charges, you need to hire a criminal defense lawyer as soon as possible to help you build a strong defense.    Contact our Charlotte criminal defense law firm as soon as possible to schedule your free initial consultation today.

What Constitutes Sexual Battery in North Carolina

The sexual battery happens when someone engages in sexual contact with a victim against his will, or through the use of force. The purpose of the force must be for sexual abuse, sexual gratification, or sexual arousal. A defendant can face charges for sexual battery when the victim is mentally incapacitated, physically helpless, or disabled and the defendant knew or should have known this. Sexual contact is defined as the following:

  • Touching the anus, sex organ, breast, groin, or buttock of the victim
  • Touching the victim with one's own sexual organ, anus, breast, groin, or buttocks
  • Ejaculating, emitting, or placing semen, urine, or feces on the victim

Examples of sexual battery include the following:

  • Grabbing a victim's breast
  • Forcing the victim to touch a sexual area of the perpetrator's body
  • Touching the victim's buttocks
  • Forcing a kiss on the victim's mouth
  • Patting a person's buttock
  • Touching the victim's genitals
Penalties for Sexual Battery in North Carolina

In North Carolina, sexual battery is a Class A1 misdemeanor in North Carolina. Those convicted can be sentenced for up to 150 days in jail as well as fines and other collateral consequences. A1 misdemeanors are the most serious misdemeanor offenses.

Registration as a Sex Offender in North Carolina

Sexual battery is categorized as a violent offense under North Carolina law. Those convicted must register as a sex offender. Registered sex offenders will face public exposure of their name, picture, address, and conviction information on North Carolina's sex offender registry. Anyone will be able to see the information online. You will be required to register for 30 years, and you will not have the chance to ask for your name to be removed for a period of at least 10 years.

Registration as a sex offender in North Carolina can result in the serious stigma that can hold you back in your personal life, career, and education. Some defendants on the sex registration list will also be subject to a lifetime satellite-based monitoring, which you never have the option to stop. Hiring a skilled criminal defense lawyer is essential when it comes to facing sexual battery charges. The consequences of a sexual battery conviction will continue even after you serve the prison sentence. Do not take any chances; hire a skilled lawyer today.

Defending Against Sexual Battery in North Carolina

If you are facing sexual battery charges, our team of experienced lawyers can help you develop a persuasive legal defense. Depending on the facts of your case, you may want to focus on proving that sexual activity or contact never occurred. The prosecutor must also establish every single element of the sexual battery charge beyond a reasonable doubt. One of the most well-used defenses is that no sexual touching occurred. When prosecutors cannot prove that the specified types of contact took place, they cannot secure a conviction.

Contact Our Experienced Sexual Battery Lawyers Today

The most important aspect of fighting sexual battery charges is to seek the help of an experienced lawyer as soon as possible. Our experienced Charlotte sexual battery lawyers will investigate your case thoroughly. We will gather evidence and build a strong defense on your behalf. Contact Arnold & Smith, PLLC, to receive a case review. Call our lawyers at Arnold & Smith, PLLC, at (704) 370-2828 to evaluate your options or fill out our contact form. Now taking cases throughout North Carolina with offices in Uptown Charlotte, Mooresville and Monroe.