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If You're Facing a Sexual Battery Allegations...

A sexual battery accusation can destroy your reputation, jeopardize your freedom, and permanently alter your future. At Harvey Criminal Defense Lawyers, we understand the high stakes involved. We provide unwavering, strategic defense for individuals accused of sexual battery throughout Memphis and Shelby County. If you or a loved one is facing these charges, do not face the legal system alone. Our attorneys have the courtroom experience and tenacity to fight for your rights, freedom, and future.

Facing Sexual Battery Charges in Memphis?

What is Sexual Battery Under Tennessee Law?

Sexual battery is defined under Tennessee Code § 39-13-505 as unlawful sexual contact with a victim by the defendant—or vice versa—under any of the following circumstances:

  • Force or coercion was used to accomplish the act;
  • The contact occurred without consent, and the defendant knew or should have known the victim did not consent;
  • The victim was mentally defective, incapacitated, or physically helpless, and the defendant knew or should have known;
  • The sexual contact was achieved through fraud.

Sexual contact includes intentional touching of intimate parts—either directly or through clothing—if done for the purpose of sexual arousal or gratification.

Shelby County Criminal Court
  • Address: 201 Poplar Avenue, Memphis, TN 38103
  • Phone: (901) 222-3200
  • Hours: Monday – Friday, 8:00 AM – 4:30 PM
Shelby County General Sessions Criminal Court
  • Address: 201 Poplar Avenue, Suite LL-81, Memphis, TN 38103
  • Phone: (901) 222-3500
  • Hours: Monday – Friday, 8:00 AM – 4:30 PM

Coercion and Professional Abuse of Power

Tennessee law includes specific provisions regarding professionals:

  • If sexual contact occurs during consultation, examination, or treatment by clergy, healthcare providers, or drug/alcohol counselors, and the victim is receiving professional services, the victim is deemed incapable of consent.

This protects patients and clients from exploitation by those in positions of trust.

Penalties for Sexual Battery in Tennessee

Sexual battery is a Class E felony in Tennessee. A conviction can result in:

  • 1 to 6 years in prison
  • Fines up to $3,000
  • Mandatory sex offender registration
  • Loss of professional licenses
  • Damage to personal and professional reputation

In addition to incarceration, a sexual battery conviction can haunt you for life through the sex offender registry, employment background checks, housing restrictions, and social stigma.

The Difference Between Sexual Battery and Aggravated Sexual Battery

While both offenses involve unlawful sexual contact, aggravated sexual battery is a more serious charge that may include:

  • Use of a deadly weapon
  • Injury to the victim
  • Multiple perpetrators
  • Victim under 13 years old

Aggravated sexual battery is classified as a Class B felony and carries far harsher penalties.

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Strategic Defense From a Memphis Sex Crimes Attorney

At Harvey Criminal Defense Lawyers, we approach every sexual battery case with urgency, precision, and care. Depending on your circumstances, our defense strategies may include:

Consent Defense

If the alleged conduct occurred, we may demonstrate that it was consensual and that no force, coercion, or fraud was used.

False Allegations

False accusations of sexual misconduct can arise from misunderstandings, revenge, mental health issues, or manipulation in family or custody disputes. We thoroughly investigate and expose inconsistencies.

Lack of Evidence

Prosecutors must prove every element of the offense beyond a reasonable doubt. We challenge the evidence, question credibility, and ensure your constitutional rights are protected throughout.

Violation of Rights

If law enforcement violated your rights during arrest, search, or interrogation, we may seek to suppress unlawfully obtained evidence.

Why Choose Harvey Criminal Defense Lawyers?

Sexual battery charges require experienced, battle-tested legal defense. Here’s why clients trust Harvey Criminal Defense Lawyers:

  • Criminal defense is all we do
  • Proven results defending clients against sex crimes in Memphis
  • Discreet, judgment-free representation
  • Aggressive pretrial motions and courtroom litigation
  • Personalized attention and direct communication with your lawyer

We understand how difficult it is to be accused of such a stigmatizing offense. Our firm treats every client with dignity while building the strongest possible defense.

What to Do If You’ve Been Accused of Sexual Battery

If you are under investigation or have been arrested for sexual battery:

  • Do not speak to police without an attorney present.
  • Do not attempt to contact the alleged victim.
  • Save all communication or evidence related to the accusation.
  • Contact a criminal defense lawyer immediately.

The earlier we get involved, the more options we may have to resolve your case discreetly or get charges reduced—or even dismissed.

Areas served

  • Memphis
  • Covington
  • Henderson
  • Germantown
  • Somerville
  • Robertsdale
  • Collierville
  • Brownsville
  • Spanish Fort
  • Bartlett
  • 38103
  • 38104
  • 38105
  • 38106
  • 38107
  • 38108
  • 38109
  • 38111
  • 38112
  • 38114
  • 38115
  • 38116
  • 38117
  • 38118
  • 38119
  • 38120
  • 38122
  • 38125
  • 38126
  • 38127
  • 38128
  • 38131
  • 38132
  • 38133
  • 38134
  • 38135

Schedule a Confidential Consultation Today

A sexual battery accusation can affect everything from your freedom to your family relationships. You need a defense team that knows the law, understands the court system in Memphis, and will go to battle for you.

At Harvey Criminal Defense Lawyers, we handle these cases with skill, discretion, and strength. Let us help protect your reputation, future, and freedom.

Frequently Asked Questions

What is considered sexual battery under Tennessee law?

Sexual battery is defined under Tennessee Code § 39-13-505 as unlawful sexual contact that occurs under certain circumstances, such as the use of force or coercion, lack of consent, or when the alleged victim is mentally or physically unable to give consent. It also includes situations where the contact is obtained through fraud or during certain professional relationships, like counseling or medical treatment.

Can I be charged with sexual battery if the contact was not violent?

Yes. In Tennessee, sexual battery does not require the use of physical violence. A person can be charged if the contact was non-consensual or involved someone who was legally unable to consent—such as someone who was unconscious, mentally incapacitated, or under the influence.

What are the penalties for a sexual battery conviction in Memphis?

Sexual battery is a Class E felony in Tennessee. A conviction can carry 1 to 6 years in prison, fines up to $3,000, and mandatory sex offender registration. Beyond the legal penalties, a conviction can also severely damage your reputation, employment opportunities, and personal relationships.

How can a Memphis sexual battery lawyer help me fight these charges?

A skilled defense lawyer can investigate the facts, challenge the credibility of the accusation, uncover motives to lie, and assert defenses such as mistaken identity or consent. At Harvey Criminal Defense Lawyers, we focus on protecting your future and building a defense strategy designed to get your charges reduced—or dismissed altogether.

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