Sex crime charges are a severe matter in Miami Dade County and the rest of Florida. Sex offenses are more severe than assault and battery because they are sex-related crimes and may result in enhanced penalties. Sex crimes are usually considered felonies in Florida, and if you’ve been charged with illegal sexual activities, you need outstanding Miami sex crime lawyers immediately in your corner.
Stroleny Law: Criminal Defense Attorney is a highly-rated Miami sex crimes law firm. Our principal attorney Julian Stroleny served in the State Attorney’s Office and is a former prosecutor, and knows how the state will investigate and prosecute you. Our law firm has a 10.0 Superb Rating on Avvo, and Attorney Stroleny has been named to the Super Lawyers list. Speak to our Miami sex crimes attorneys today at (786) 481-4098 for immediate assistance.
What Is A Florida Sex Crime?
A sex crime in Florida is defined as an unlawful and non-consensual sexual behavior or contact that results in the sexual gratification of the perpetrator. Sex crimes may entail the use of threats or force.
Like other crimes, sex crimes may be divided into forcible and non-forcible sex crimes. Forcible sex crimes refer to those that occur without the consent of the victim and involve using threats or force. Non-forcible sex crimes do not include any violence. The victims of these sex crimes are those that the state of Florida considers unable to provide consent, such as the disabled, minors, and the mentally ill.
There are many illegal acts and behaviors that are called sex crimes in Florida. Thus, penalties for sex crimes vary widely based on the type of crime, whether there was violence, and the type of victim. If the defendant has previous convictions, there could be enhanced penalties.
Florida sex crimes include:
- Sexual battery: Florida Statute 794.011 states that sexual battery involves any sort of penetration that occurs without the consent of the victim. Sexual battery in Florida is also called sexual assault or rape.
- Prostitution: This crime is engaging in sexual acts in exchange for money. There could be consent from both parties, but the act is still a crime in Florida.
- Child pornography: This is a serious charge that could affect your ability to visit your children, but a Miami child pornography lawyer can contest the prosecutor’s evidence.
- Indecent exposure: This is a non-forcible sex crime that means indecently exposing your genitalia in a public space.
- Not registering as a sex offender: Registering as a sex offender is mandatory for most sex crime convictions. If you don’t, you can be jailed and fined.
- Lewd and lascivious: Touching someone in a sexual manner or engaging in sexual acts with a minor under 16 is a lewd and lascivious act. The minor is not old enough to consent, so you can face severe criminal penalties.
Florida Sex Crime Punishments
Sex crime penalties in Florida depend on the severity of the crime, your criminal history, and the kind of victim. Less severe sex crimes are misdemeanors, while more serious sex crimes are felonies.
Sex Crime Misdemeanors
These crimes include indecent exposure and prostitution. Your initial offense for prostitution is a second-degree misdemeanor. You can receive up to two months in jail and a maximum fine of $500.
Indecent exposure is a first-degree misdemeanor, punishable by a year in jail and a maximum fine of $1,000.
Sex Crime Felonies
Sexual battery is a second-degree felony and is punishable by up to 15 years in state prison and a maximum $10,000 fine. Sexual battery involving the use of a weapon or against certain kinds of victims can result in more severe punishments.
Possessing child pornography and not registering as a sex offender are considered third-degree felonies. A conviction may result in five years in prison and a maximum fine of $5,000.
Being convicted of a sex crime also means you have a permanent criminal record, and finding or keeping a job could be difficult. Being on the sex offender registry is a social stigma that will significantly complicate your life, so you should retain experienced Miami sex crimes attorneys to assist you immediately.
Sex Crime Charge Defense Strategies
Criminal charges involving a sex crime are a serious matter, but you have not been convicted. But sex crimes allegations are not a conviction, and there are many defenses for a sex crimes case:
- Alibi: The best defense to any sex offense is that you are innocent and can prove you were unable to commit the crime. Providing an alibi could include evidence or eyewitness testimony showing you were not there when the offense occurred.
- Consent: This defense argues that the alleged victim consented to the sexual contact. However, if the victim is underage, it may be statutory rape, so there is no defense.
- Misidentification: Many people think that a sex crime victim will never forget the attacker’s face. However, eyewitness testimony and law enforcement lineups can lead to misidentification.
- False accusations: All sex crime accusations must be treated seriously, but there are cases where the alleged victim made up the crime out of malice or revenge. The most common reason for a false accusation is in a divorce when one party accuses the other of a sex crime to gain an advantage in the case.
- DNA evidence: Recent progress in DNA testing allows scientists to obtain DNA after the most minute contact with a person or contaminated item.
Being convicted of a Florida sex crime has many negative severe consequences, including prison time, being a registered sexual offender, probation, and a social stigma that can last for life. Your Miami sex crimes attorney will work diligently to help you avoid a sexual offense conviction and a prison sentence. If possible, our attorneys will fight to reduce or dismiss your charges.
Speak To A Miami Sex Crime Attorney Today
Being accused of a sex crime is terrifying. Your freedom and future are on the line, and the state prosecutor will devote significant resources to convict you. Fortunately, an experienced criminal defense attorney at Stroleny Law can level the playing field and offer the most robust possible defense.
One of our sex crime defense lawyers, Julian Stroleny, enjoys an Avvo 10.0 rating and has been named to the Super Lawyers list, and has the skill and experience to obtain favorable results in your sex crime case. Speak to our legal team today in a free consultation about your criminal case by calling (786) 481-4098.
