Miami Sex Crime Lawyer

Types of Sex Crimes Cases We Take On

At Frank Schwartz, P.A., we defend clients against all types of sex crime charges in Florida:

• Sexual assault and abuse
• Sexual battery, or rape
• Spousal and marital rape
• Statutory rape
• Child pornography
• Sex trafficking
• Child sex trafficking
• Indecent exposure
• Lewd and lascivious behavior
• Revenge porn
• Internet sex crimes
• Pimping and pandering
• Solicitation for prostitution
• And more

Once you contact our Miami sex crime attorney, we will work quickly to launch your defense. So why wait? Get legal help today!

What Is a Sex Crime?

In Florida, the legal definition of a sex crime (also known as a “sexual offense”) is any unlawful and nonconsensual sexual contact or act.

Sex crimes can be charged as both misdemeanors and felonies, depending on the alleged victim, perpetrator, and nature of the offense. Additionally, there are both forcible and non-forcible sexual offenses.

Forcible Sex Offenses in Florida

A Forcible sex offenses involves violence of some sort.

A common example is getting a person to carry out a sex act by threatening physical harm. Attacking and forcibly raping another adult would be another example.

Non-Forcible Sex Offenses in Florida

A non-forcible sex offense does not involve outright violence. Rather, these charges concern sexual acts with someone who cannot legally consent to them. 

Under Florida law, minors/underage girls and boys, drugged and intoxicated persons, and people with specific mental disabilities are considered unable to give consent.

Florida Sex Crime Convictions and Penalties

Being convicted of a sex crime can completely upend your life, even if you were wrongfully convicted. The prosecution may attempt to make an example out of your case—and with Jessica’s Law, the penalties for sex offenses in Florida are some of the harshest in the nation. 

The penalties for sex crimes in Florida can vary widely depending on the specific crime and the severity of the offense. Some of the most common sex crimes in Florida include sexual battery, lewd and lascivious acts, possession and distribution of child pornography, and prostitution.

Here are some examples of penalties for sex crimes in Florida:

• Sexual Battery: In Florida, sexual battery is a first-degree felony that can carry a sentence of up to life in prison. The exact penalty will depend on the circumstances of the offense, such as whether the victim was a minor, the use of force or coercion, and the offender's prior criminal history.
• Lewd and Lascivious Acts: These offenses can range from a second-degree felony to a third-degree felony, depending on the circumstances of the offense. Penalties can include fines, imprisonment, and mandatory registration as a sex offender.
• Possession and Distribution of Child Pornography: These offenses can carry serious penalties, including imprisonment, fines, and mandatory registration as a sex offender. The severity of the penalty will depend on the amount and type of material involved, as well as any aggravating factors such as prior offenses or the victim's age.
• Prostitution: In Florida, prostitution is a second-degree misdemeanor, which can carry a penalty of up to 60 days in jail and a fine of up to $500. Repeat offenders can face more severe penalties.

Imprisonment and Incarceration for Sex Crimes in FL

Upon conviction, most sex crimes result in jail or prison time. There are very few exceptions, such as some misdemeanor sex offenses. 

In many cases, those convicted are looking at years or even life in prison.

Probation for Sex Offenses

Probation is an alternative to incarceration. 

For sex offenses, probation is usually awarded after some time in jail or prison. It is a great privilege, as you will be able to live in your own home and work a regular job. That said, it is very easy to unintentionally violate the terms of sex offender probation.

Most sex offender probation agreements are very strict, requiring the person on probation to:

• Follow a curfew
• Follow travel restrictions
• Keep a driving log
• Give DNA samples
• Comply with random drug testing
• Complete community service
• Refrain from contacting the alleged victim
• Complete a sex offender treatment program
• Go to monthly meetings with a probation officer
• Pay restitution, court costs, and probation fees
• Live at least 1,000 feet away from any place where children gather
• Register as a sex offender
• And much more

Florida Sex Offender Registration

If you are convicted of a sex crime, it is very likely that you will have to register as a sex offender. You may be included in the sex offender registry for life. 

The sex offender registry will note both the sex crime conviction and basic personal information, such as:

• Full name
• Address
• Height
• Weight
• Age

Civil Commitment in Florida

If the court determines that the sex crime was a result of mental illness, jail time may be followed by commitment to the Florida Civil Commitment Center. While mental health treatment is important, civil commitment is far from pleasant. 

There is a common misconception that pleading insanity and being put in a psychiatric hospital would be better than going to jail. This is simply not the truth. For one, psych wards have the power to hold a patient for as long as their doctors see fit. You won’t be released after a set amount of time, like you would have if you had gone to jail.

Common Defenses to Sex Crime Charges in Florida

Some of the most common defenses in sex crime cases include:

• Rights violations: This defense applies when your constitutional or civil rights were violated in connection with a criminal charge. For instance, the illegal search and seizure of your computer or phone (without a warrant) is considered a violation of your rights. 
• Entrapment: Under state law, entrapment is when a person is tricked and trapped into committing a crime. This may apply if you were arrested as a result of a sting operation, where the undercover officer persuaded you to commit a crime you wouldn’t have otherwise. Entrapment is also a violation of your constitutional right to due process.
• False charges: If you are innocent, you may argue that the charges against you are false. Unfortunately, some people lie about being the victim of a sex crime, such as to damage the accused’s reputation or cover up that they were actually the abusive one. 
• False Memory Syndrome (FMS): It is common to have gaps in your memory after a traumatic event, like sexual assault. However, False Memory Syndrome is when a person has false memories about earlier trauma. These memories tend to arise later in life and often focus on childhood sexual abuse. Alternatively, a child may develop false memories about an interaction with an adult because another adult asked them leading questions.

These are just some of the defenses commonly used in court. Our Miami sex crime lawyer will work to find the strongest defense strategy for your case. If you wish to protect your future, don’t wait to reach out to our firm. We service clients facing sex crime charges throughout Florida in the following areas North Miami, Aventura, Hialeah, South Miami, Kendall, Brickell, North Miami Beach, and Miami Beach.