Fort Lauderdale Sex Crimes Lawyer

Six Types of Florida Sex Crimes

Florida law prohibits a wide range of sex crimes and imposes different penalties for different crimes, including:

• Sexual battery. Sexual battery is also known as rape or sexual assault. According to Florida Statute §794.011(1)(j), sexual battery means oral, anal, or genital penetration without consent.
• Lewd and lascivious offenses. You could be charged with a lewd and lascivious offense if you touch someone lustfully without that person’s consent or if you have sexual activity with someone under the age of 16. A person who is not yet 16 cannot provide legal consent for sexual activity.
• Sexual misconduct. Sexual misconduct charges may be brought against you if the government alleges that you were in a position of trust and had a sexual relationship with a vulnerable person. For example, a person with disabilities or your own clients or patients may be considered vulnerable people for purposes of Florida’s sexual misconduct law.
• Indecent exposure. You could be charged with the sex crime of indecent exposure if you indecently show your sexual organs in a public place or on someone else’s property.
• Child pornography. It is a crime to possess, produce, or distribute an image of a minor engaged in sexual activity.
• Prostitution. Consent is irrelevant to the crime of prostitution. In Florida, it is illegal to be paid for sexual activity. It is also a crime to offer or solicit prostitution.

There are many variations of the crimes described above. The age of the alleged victim and other details of what happened could significantly impact the penalty you face. However, there are some common types of consequences you should be aware of if you are accused of committing a sex-related crime in Florida.

Potential Penalties for Florida Sex Crimes

Anyone convicted of committing a sex crime in Florida could face:

• Jail time. A prison sentence could range from a few years in jail to a life sentence, depending on the sex crime.
• Fines. Fines can range from a few hundred dollars to $10,000.
• Sex offender registration. You may be required to register with the state as a sexual predator or a sexual offender. Sexual predators are people convicted of the most serious types of sex crimes and remain on the sex offender registration for life. The public can access the sex offender registration to see who is on it. Inclusion on the sex offender registry can limit where you work and live, require that you be home by a certain time of night, and require mandatory counseling.

Additionally, you will face a permanent criminal record that could impact your rights and your future.

A Criminal Charge is Not a Conviction or Sentence

You’ve been accused of a serious crime but have not yet been convicted or sentenced. The government must prove every element of the crime before you are convicted. In sex crime cases, the state may be wrong about critical elements of the alleged sex crime. Your defense counsel may assert that:

• Consent was provided
• It wasn’t you who committed the crime
• The alleged victim is lying
• Your rights were violated by law enforcement
• The state lacks the necessary evidence to prove the elements of the crime against you

Now is the time to talk to an experienced criminal defense lawyer about your potential defenses.

The Legal Process After a Sex Crime Arrest

The hours and days after a sex crime arrest can have a major impact on the outcome of a case, so it’s important to know what to expect. In many situations, the police have already spent weeks or months conducting an investigation before making an arrest. This means the government is often well into the process of building a viable case against you at trial before you are ever arrested or charged.

After an arrest, the accused will typically appear before a judge for an initial hearing. The court may address issues such as bond, release conditions, and restrictions on contact with the alleged victim. This is the chance to get out of jail while you are awaiting trial.

No two cases are exactly alike, but there are two outcomes that are especially common. Typically, you’ll either resolve your case through a negotiated plea agreement or take the case to trial. There are some situations where an attorney can successfully move to have the charges dropped, however.

Sex Offender Registration and Its Consequences

For many people facing sex crime charges, the possibility of sex offender registration is just as concerning as the criminal penalties themselves. This is because you could find your life impacted by these registration requirements long after any jail term has ended.

Registration requirements can affect nearly every aspect of daily life. Registered individuals often face restrictions regarding where they can live, work, or spend time. Certain sex crime convictions may limit housing options because many communities prohibit registered offenders from residing near schools, parks, playgrounds, or other locations where children regularly gather.

Because the long-term consequences can extend far beyond jail or prison sentences, it is vital to explore your defense options before agreeing to a guilty plea. Your Fort Lauderdale attorney may be able to fight these sex crime charges or negotiate them down to something less detrimental to your future.

Common Defenses to Sex Crime Allegations

There are several defense strategies available in a sex crimes case, but they aren’t always an option depending on the circumstances. Your attorney can review the allegations against you before identifying the best possible approach. One common defense involves mistaken identity. In some cases, eyewitnesses make incorrect identifications, particularly when significant time has passed between the alleged incident and the identification process.

False allegations also arise in certain situations. Relationship disputes, divorce proceedings, custody battles, personal conflicts, or misunderstandings can sometimes lead to accusations that do not accurately reflect what occurred. A thorough investigation may uncover motives, inconsistencies, or evidence that contradicts the allegations.

Another defense focuses on insufficient evidence. Prosecutors must prove every element of the charged offense beyond a reasonable doubt. If the case against you is weak, your attorney may opt to focus on that instead of developing a more direct defense.

Finally, some cases also involve constitutional issues. If law enforcement obtained evidence against you through an illegal search or seizure, your attorney could have it excluded from trial. This might even be enough to see your charges dropped entirely.

Federal vs. State Sex Crime Charges

Most sex crime cases are prosecuted in Florida state courts. State prosecutors typically handle allegations such as sexual battery, lewd conduct, unlawful sexual activity, and other offenses defined by Florida law.

However, some allegations can trigger federal criminal charges. Federal authorities often become involved when the alleged conduct crosses state lines, occurs on federal property, involves interstate communications, or includes the use of the internet to commit the alleged offense.

Federal prosecutions differ from state cases in several important ways. Federal sentencing guidelines can expose defendants to substantial penalties, and federal investigators frequently devote significant resources to building their cases before filing charges. You deserve legal counsel in Fort Lauderdale who has not only defended these types of sex offense charges before but also understands how your strategy might vary between state and local courts.