Sex crimes are serious. However, an accusation of sexual offenses when none have occurred can be just as damaging as being convicted. Unfortunately, this does not stop some people from making false claims.
People who have been charged with a sex crime face serious and far-reaching consequences. This includes prison time, fines, and strict probation terms. You may also have a difficult time finding adequate housing and an appropriate job for your education and experience. Many people who are accused of a sex crime also face fractured relationships with family and friends, divorce, loss of child custody, and more.
If you are facing sex crime charges, there is hope. With the help of a qualified criminal defense lawyer, you can fight your case and prove your innocence. However, it is important that you take action right away to help mitigate the damage and give yourself the best chance of winning.
If you need a criminal defense lawyer for sex crimes in Naples, Florida, you will find some of the most experienced attorneys in our office. Our team has many years of combined experience with Florida criminal law, and we offer experienced legal counsel to our clients. No other firm has the same level of experience, passion, and tenacity as our criminal defense lawyers do. We can fight tirelessly for your rights and give you the best possible chance of winning your sex crimes case.
We understand that there are two sides to every story. Unfortunately, some people use sex crime accusations as a form of retaliation or punishment. In other situations, miscommunication or misunderstanding leads to unfair accusations. No matter what situation you are in, you can trust our Naples sex crimes lawyers to listen to your story without judgment or stereotypes. You are safe to share your story in our offices.
No other Florida sex offense attorneys can help you as well as we can. The Law Office of Donald P. Day is here for you.
Many people are unfamiliar with the details of sex crimes until they are somehow involved in a case. However, knowing what sex crimes entail and how they are prosecuted can help you prepare for your sex crimes defense case.
Florida defines a sex crime as a non-consensual sexual act, sexual behavior, or sexual contact that aims to sexually gratify the offender. Sex crimes are often violent crimes.
There are many different types of sex crimes, including:
This is not an exhaustive list, and other offenses may fall under the “sex crimes” umbrella. The penalties for these crimes differ depending on the circumstances and individual situation.
Even facing the accusation of a sex crime is a serious situation to be in. Many people will pass judgment on you or treat you differently until your name has been cleared. This can mean mistreatment at work, the loss of friends and relationships, and more. For your social and professional lives, it is important that you do everything in your power to clear your name.
If you are found guilty, the court will hand out a severe and far-reaching punishment for the crime. Most individuals convicted of a sex crime have to register with the national sex offender registry. This will limit where you can live, work, shop, and visit. It will also allow your friends and neighbors to read about your offenses online. This is on top of the prison time and fines that most sex offenders receive as part of their conviction.
Although most criminal cases have high stakes, sex crimes are especially serious in Naples. They carry significant punishments and stigmas that it is in your best interest to avoid. The best way to clear your name and ensure your future is with the help of an attorney. These cases are complicated and require a diligent, experienced hand to win. Do not put your future at risk by representing yourself; your chances of winning are far better with an attorney.
If you are being accused of a sex crime, you are acting as the defense in your case. This means that, legally, you are not required to argue your innocence because you are “innocent until proven guilty.” However, the prosecution’s evidence can be very hurtful to your case, and not fighting back will likely result in a conviction.
Types of evidence that the prosecution may use in a sex crimes case include:
As the defense, you and your attorney must introduce reasonable doubt in the minds of the jurors. The more obvious the evidence is, the more difficult this will be to do. This is why it is important to have a qualified attorney on your side during your trial.
Sex crimes are a “wobbler” category. This means that some are considered misdemeanors, and some are considered felonies, depending on the circumstances.
Prostitution and indecent exposure are considered misdemeanor offenses. A first-time prostitution offense is a second-degree misdemeanor, and you may face up to 60 days in jail and a fine of up to $500. However, a first-time indecent exposure conviction is considered a first-degree misdemeanor. This is a more serious charge than a second-degree offense, with a maximum sentence of one year in prison and a $1,000 fine. Even within the category of misdemeanors, punishments for sex crimes can vary.
Felony sex crimes include child pornography, third-time prostitution offenses, failure to register with the sex offender registry, and more. Defendants who are convicted of a felony face a fine of up to $5,000 and up to 5 years in federal prison. Sexual battery is a felony but carries a heavier punishment. Sexual battery offenses can result in up to 15 years in prison and a fine of up to $10,000.
If any case involves a minor, the punishments increase severely. However, the court does take the age of the offender into account as well. If the offender is 18 and the victim is 17, there will likely be less punishment based solely on age. If the offender is 50 and the victim is 10, there will be significantly more punishment. Cases involving a minor can result in anywhere from five years to life in prison.
Many people who are convicted of a sex crime in Florida face probation. This may be instead of or in addition to other punishments. Although most people know what probation is, very few know the strict restrictions that accompany it.
Probation conditions for sex crimes include:
These are just a few examples of probationary restrictions. If you commit a crime while on probation, you can face additional punishment and prison time. The terms of your probation will be outlined to you if you are found guilty.
Although your situation may seem bleak, there are ways to win a sex crime case and clear your name. Consent is a possible argument in a sexual assault case. You and your attorney can argue that the victim consented to the action at the time and that you did nothing wrong. However, consent is not an option if the victim is under the age of 18, which is Florida’s age of consent.
You can also argue innocence by providing an alibi and a DNA sample. If your DNA does not match the evidence, that may be enough to prove your innocence. Insufficient evidence is another way that many defendants get their names cleared.
Finally, you may be able to argue that the victim is accusing you of the sex crime out of revenge. This can be more complicated to prove, but it is frequently necessary. Unfortunately, false accusations are quite frequent.
The best way to win your sex crime case is by hiring a qualified attorney. With legal representation, you have the highest likelihood of maintaining your innocence and clearing your name.
Our firm has many years of experience in Naples sex crimes defense. No matter what your claim entails, we are confident that we can help you.
For more information about our firm, or to schedule a consultation, contact the Law Office of Donald P. Day online.