Sex Crime Attorney Stuart FL
Sex crimes carry a social stigma that can follow you for the rest of your life. Not to mention the severe punishment that accompanies such a conviction. Even if you are found innocent, just the accusation alone is enough to turn your life upside down.
Sexual violence offenses include a wide range of crimes, such as rape, child molestation, sexual assault, and prostitution. Regardless of the crime, it is imperative that you speak with an experienced criminal defense attorney for sex crimes as soon as possible.
Attorney for Sexual Offenses in Stuart & Surrounding Areas
If you are being investigated for a sex crime charge in the Treasure Coast area, it is in your best interest to contact a Florida sex crimes attorney immediately. Meltzer & Bell has a proven record of defending clients facing sex crime charges in the Treasure Coast, and our attorneys will strive to achieve the best possible outcome for your situation.
Meltzer & Bell defends clients in communities along the Treasure Coast, including Martin and Saint Lucie. Call us today at (772) 291-2534 or submit your information online to schedule a free initial consultation.
Overview of Sexual Offenses in Treasure Coast, FL
What Are Sex Crime Charges in Florida?
Under Florida’s laws, sexual offenses encompass various crimes, such as unwanted sexual abuse, conduct, or exploitation. The state has strict laws to protect victims and punish perpetrators of sexual harassment. It is critical to understand that each of the sex offenses carries its own set of legal consequences, which can include imprisonment, fines, and mandatory registration as a sex offender.
Among some of the most common sexual crimes in Florida are:
Prostitution / Solicitation
Under Section 796.07 of the Florida Statutes, prostitution is considered the act of giving or receiving sexual acts for hire in exchange for money. On the other hand, solicitation is regarded as participation in prostitution. Penalties for prostitution and solicitation can range from 60 days to five years of imprisonment and up to $10,000 in fines.
Sexual Battery
Sexual battery, as outlined in Florida Statutes Section 794.01, involves non-consensual oral, anal, or vaginal penetration, or penetration using an object, of the sexual organ of another without consent. This broad category of offenses, found in Chapters 794 and 800 of the Florida statutes, includes sexual assault (also known as indecent assault) and rape charges, such as statutory rape. Sexual battery penalties can vary significantly, ranging from 15 years to life in prison, depending on various factors.
Solicitation of a Child
This crime involves soliciting a child via the Internet and is defined under section 847.0135 of the Florida Statutes. The crime can also include intentionally exposing one’s genitals to a child over the Internet and traveling to meet with a child to engage in illegal sexual conduct. Solicitation of a child is punishable by up to 15 years in prison and $10,000 in fines.
Child Pornography
Under Florida law, this crime includes the selling, producing, distributing, promoting and possessing any material that depicts a minor engaging in any sexual act. Child pornography is considered a third-degree felony. Penalties for child pornography can range from five to 15 years in prison and up to $10,000 in fines.
Lewdness and Indecent Exposure
Sexual acts committed on or in the presence of a person under 16 are punishable by Florida Statute 800.04. The legislation penalizes acts ranging in nature from lewd and lascivious conduct to exhibition (indecent exposure). Generally, the maximum sentence for lewd and lascivious sex offenses can be up to 15 years in prison, and probation may be the minimum sentence in rare cases.
What to Expect During a Sex Crime Investigation and How to Protect Your Rights
Investigations into sex offenses are taken very seriously in Florida. An alleged victim may contact law enforcement without your knowledge, or officers might conduct sting operations, posing as children to engage adults in conversation. Authorities may obtain warrants to monitor phone lines or examine electronic devices.
If law enforcement officers suspect you have committed a sex crime, you will likely be interviewed. Remember that investigators are skilled at collecting evidence during these interviews to use against you in criminal prosecution. They might claim they want to help or eliminate you as a suspect, promise lighter sentences or avoid sexual offender registration.
However, it’s crucial to remember that you are the target of an investigation — the authorities can and will attempt to gather any evidence that may lead to your conviction.
If you’ve been accused of a sex offense, you must remember your rights. You have the right to remain silent and refuse to speak with law enforcement. Similarly, you can deny requests to search your home, vehicle, workplace, computer, or other locations.
Providing statements or allowing voluntary searches can weaken your defense. Any information or access granted to law enforcement, whether through verbal admissions or physical evidence, can be used against you in court. By asserting your rights, you can hold law enforcement to a higher standard when obtaining warrants.
Penalties for Sex Crime Charges in Florida
If you have been charged with a Florida sex crime, you could face lifelong consequences. Penalties for sex crimes in Florida law vary depending on the specific offense, age of the the victim involved, and other factors. However, some general penalties apply to many sex crimes, including:
- Imprisonment: Depending on the severity of the offense, you may face years or even life in prison. Sentencing guidelines for sex crimes are typically quite severe, with minimum mandatory sentences often imposed.
- Fines: Monetary fines can be steep for sex crime convictions, with amounts depending on the severity of the crime and any prior criminal history.
- Probation: If you receive a probationary sentence, you will need to comply with various conditions imposed by the court. These conditions include attending therapy or counseling, submitting to drug testing, or avoiding contact with certain individuals.
- Sex offender registration: Many sex crime convictions in Florida require mandatory sex offender registration. This can involve regular reporting to law enforcement, restrictions on where you can live or work, and public disclosure of your personal information.
- Loss of rights: A sex crime conviction may result in the loss of certain rights, such as the right to vote or possess firearms.
- Damage to reputation: A sex crime conviction can have a lasting impact on your personal and professional reputation, making it difficult to find employment or housing, and affecting your relationships with friends and family.
Some specific penalties for sex crimes in Florida include:
- Sexual battery: Penalties can range from 15 years to life in prison, depending on factors such as the age of the victim, the use of force or threats, and the defendant’s prior criminal history.
- Lewd and lascivious conduct: Sentences vary based on the nature of the offense and the ages of the parties involved, with imprisonment ranging from a few years to life.
- Possession of child pornography: Convictions can result in prison terms of up to 15 years and substantial fines.
- Solicitation of a minor: Depending on the circumstances, penalties can include imprisonment, fines, and mandatory sex offender registration.
It is crucial to work with an experienced criminal defense attorney when facing charges for a sex crime in Florida, as the stakes are high and the potential penalties can be severe. A skilled attorney can help you understand your rights, build a strong defense, and fight for the best outcome in your case.
Registration as a Sex Offender or Sexual Predator
If you are convicted of a sexual crime in the state of Florida, you may be required to register as a sex offender under state law. When you register, you will be required to provide a significant amount of information such as your name, date of birth, a photo of yourself, where you work, your address and much more.
All of this information, including your photo, address and arrest date will be made public for anyone to view. Once registered, you will not be allowed to live within 1,000 feet of a school, daycare, playground or park. You will also lose the right to work in certain places and the right to own a firearm.
As a registered sexual offender or predator, you will be required by law to comply with Florida’s registration requirements. Failing to do so can result in being charged with a felony and sent to jail.
Why Do You Need a Sex Crime Attorney?
Facing sex crime charges can be stressful and emotional. Having a skilled and experienced attorney on your side is essential for navigating the complexities of sex crime laws and ensuring the best possible outcome in your case.
A knowledgeable sex crimes attorney will protect your rights throughout the legal and criminal process, advise you on how to interact with law enforcement, and conduct a thorough investigation of the allegations. They will work tirelessly to gather crucial evidence, identify inconsistencies or weaknesses in the prosecution’s case, and develop a comprehensive defense strategy tailored to your specific circumstances.
An experienced attorney will also have the negotiation skills needed to potentially secure a plea agreement to reduce charges or penalties. If your case proceeds to trial, a sex crime lawyer with extensive trial experience will be invaluable in presenting your defense, cross-examining witnesses, and persuading the jury.
Given the serious consequences of a sex crime conviction, it’s crucial to have a dedicated and knowledgeable attorney representing your interests and fighting for the best possible outcome. A compassionate and understanding attorney can also provide the emotional support and guidance you need to navigate the legal system during this difficult time.
Common Defenses to Sex Crime Charges in Florida
In Florida, sex crime charges are treated with the utmost seriousness, and a conviction can lead to severe penalties and life-long consequences. It’s crucial to have an experienced attorney who can develop a strong defense strategy tailored to your specific case.
Some of the common sex crime defense angles in Florida include:
- Consent: One of the most common defenses to sex crime charges is that the sexual activity was consensual. The burden of proof lies with the prosecution to demonstrate that the alleged victim did not consent to the act. If your attorney can provide evidence that consent was given, it may result in a dismissal or reduction of the charges.
- False Accusations: Unfortunately, false accusations of sex crimes do occur. Your attorney may be able to present evidence that demonstrates the accuser’s motive for making a false claim, such as revenge, financial gain, or a desire for attention.
- Mistaken Identity: In some cases, the accused may have been misidentified as the perpetrator. An alibi, witness testimony, or surveillance footage can be used to prove that you were not at the scene of the alleged crime or that you were not the person who committed the offense.
- Insufficient Evidence: The prosecution has the burden of proving guilt beyond a reasonable doubt. If your attorney can demonstrate that the evidence against you is insufficient or unreliable, such as inconsistent witness statements or questionable forensic results, it may lead to a dismissal or acquittal.
- Age of the Accused or Victim: Depending on the circumstances, the age of the accused or the alleged victim might be relevant to the defense. For example, if the accused was under a certain age, they may not be legally capable of committing the offense. Similarly, if the alleged victim was above the age of consent, it might be used as a defense.
These are just a few examples of the possible defenses to sex crime allegations in Florida. An experienced attorney will closely examine the facts and evidence in your case to determine the best possible defense strategy to protect your rights and fight for a favorable outcome.
Additional Sexual Crime Resources
Sexual Battery | Florida Statute 794.011 – Read through the state statute that governs sexual battery in Florida. The law defines the crime and the penalties that come with it. The statute can be read on Online Sunshine, the official website for the Florida Legislature.
Prostitution and Solicitation | Florida Statute 796.07 – Follow this link to Online Sunshine to read through the Florida Statute that governs prostitution in the state. The law defines what prostitution and solicitation as well as penalties and aggravating factors.
Sex Crime Attorney in Treasure Coast, FL
Being arrested for a sex offense charge is taken very seriously in Florida. You will need the guidance of experienced sex crimes attorneys on your side to help you fight the allegations. At Meltzer & Bell, our attorneys will strive to protect your rights and achieve the best possible outcome for your situation.
We defend sexual offense clients in communities along the Treasure Coast, including Martin and Saint Lucie. Call Meltzer & Bell today at (772) 291-2534 to set up a consultation or submit your information in the online form.