Legal Question in Criminal Law in Florida

Attempted vs Actual

I was refused a job because of ''a conviction of Florida Statute 794.01''

I was charged with, and plead to ''Attempted Sexual Battery''.

I made a woman remove her clothes, then left the premises without ever touching her other than to take her wrist during leading her to the bedroom.

My clothes remained on.

''Yes'' there were verbal threats of rape.

Question: Does this make me guilty under 794.01?


Asked on 12/05/07, 5:50 pm

2 Answers from Attorneys

Brandon Kolb Kolb, Cintron, & Associates

Re: Attempted vs Actual

The purpose of the following is for informational, educational and discussion purposes only. Legal advice can only be given after a full consultation. Engaging in this correspondence does not constitute an attorney/client relationship.

Under Florida Statute 794.011, � �Sexual battery� means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.� That being said, if you�ve plead to a violation of 794.011, it is quite reasonable for a potential employer to assume that you committed the violation. Based on the facts you provided you could have also been charged with kidnapping, burglary, and probably Aggravated Assault. All of which probably would have caused this employer to decline your job application.

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Answered on 12/05/07, 7:45 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Attempted vs Actual

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Whether or not you would have been found guilty is inconsequential. The fact is that you plead guilty. It is enough for any employer to rely on your statement to decline an application for employment. In fact, in Florida, you can be declined for any reason an employer chooses.

Scott R. Jay, Esq.

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Answered on 12/05/07, 11:42 pm


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