Miami Sex Crime Defense Attorneys

Sex Crimes Against Children

Crimes against children are among the most serious and harshly penalized offenses under Florida law. A conviction for these crimes can lead to mandatory prison sentences, sex offender registration, and a lifetime of collateral consequences. Our sex crimes attorney in Miami is prepared to defend against a wide range of these charges.

• Child Sexual Abuse: This broad term can encompass a variety of offenses. It includes molestation, or forced intercourse with a minor. An act of battery against an adult can be charged as child abuse when the victim is a minor.
• Child Molestation: This specific crime involves an adult exploiting a minor for sexual stimulation. A conviction for child molestation carries severe penalties and almost always requires mandatory lifetime sex offender registration.
• Solicitation of a Child: The use of online services or other means to seduce or entice a minor to engage in unlawful sexual conduct is a serious felony offense. Our sex crimes lawyer in Miami has extensive experience handling cases involving internet sex crimes.
• Lewd Conduct: This crime refers to the intentional and lascivious touching of a minor under the age of 16. The specific age of the victim is a key element that dictates the severity of the charge.
• Statutory rape: Statutory rape statutes revolve around Florida’s age of consent laws. The law assumes that minors – anyone under the age of 18 – cannot legally consent to sexual activity. These laws, however, can lead to very complex and sensitive cases involving young people who have entered sexual relationships or engaged in sexual activity. Statutory rape is considered a second-degree felony. Repeat offenses and the involvement of disabled victims could also affect the outcome of these charges. 

Understanding Florida’s Age of Consent Laws

In the state of Florida, the age of consent is 18. That means that as soon as someone turns 18 years of age, they can have consensual sexual intercourse without any legal ramifications for older partners. For minors under the age of 18, however, consent laws become more nuanced and prohibitive.

Understanding the intricacies of Florida’s age of consent laws can be crucial for many individuals. The state allows specific allowances for close-in-age relationships, providing a clearer pathway for understanding lawful interactions among younger individuals. These allowances, however, do not remove legal repercussions in instances where boundaries are crossed, highlighting the necessity for precise legal defense and interpretation of these nuanced situations.

There are two key nuances to Florida’s age of consent laws:

• Those aged 18 can have consensual sexual intercourse with anyone who is 16 years of age or older
• Those aged 16 or 17 can have consensual sexual intercourse with anyone up to the age of 24 

Sex Crimes Against Adults

In Miami, adults can also be victims of various sex crimes, and a conviction can carry severe, life-altering penalties. As a dedicated sex crimes attorney in Miami, we are prepared to defend against a wide range of these charges. Our focus is on meticulously investigating the allegations to challenge the prosecution's case and protect your rights. 

Common offenses we handle include:

• Date Rape: This is defined as forcible sexual intercourse that occurs during a social engagement where the victim did not consent.
• Sexual Battery: This is a serious crime involving undesired sexual contact with an intimate body part for the purpose of the offender’s sexual arousal or gratification.
• Sexual Exploitation: A broad crime involving using another person for sexual purposes, often for profit or personal gain, which can include offenses like human trafficking.
• Solicitation: The illegal act of enticing or offering to pay another person to engage in sexual activity for monetary gain.
• Prostitution: The illegal exchange of sexual activity for money, which is a crime for both the person giving and the person receiving.
• Indecent Exposure: This offense prohibits the public and intentional display of an individual’s sexual organs.
• Internet Sex Crimes: This is a broad category for offenses where law enforcement alleges a person used the web to facilitate illegal sexual activity. These cases are often complex and hinge on the interpretation of digital evidence. Some common examples include possession and/or distribution of child pornography (digital photos and videos), solicitation of a child, and obscenity charges.

No two sex crime charges are alike, but many times, these charges result from misunderstandings, ignorance, or outright deception. That is why you need a capable criminal defense attorney on your side. Our team is well-versed in harnessing both character and electronic evidence and can work to position our clients to receive every possible consideration from the judge and jury.

Penalties and Collateral Consequences of a Sex Crime Conviction in Florida

A conviction for a sex crime is a life-altering event. The legal penalties can be severe, and the collateral consequences can be even more devastating, creating barriers that can feel impossible to overcome. Our firm, Beckham Law Firm, is dedicated to protecting you from these severe penalties and consequences. As a dedicated Miami sex crime attorney, we will fight for a resolution that minimizes the impact on your life, your family, and your future.

Direct Penalties

The direct legal penalties for a sex crime conviction in Florida are steep and often include:

• Incarceration: Prison time, ranging from a few months for a misdemeanor to life in prison or the death penalty for a serious felony.
• Fines: Fines can be substantial, often reaching into the thousands or tens of thousands of dollars.
• Probation and Supervised Release: A conviction will likely be followed by a period of supervised probation, during which you must adhere to strict conditions. A violation of these terms can lead to re-incarceration.
• Mandatory Registration: A conviction for most sex crimes requires mandatory registration as a sex offender, which is a severe and permanent consequence that will follow you for the rest of your life.
• Mandatory Counseling: The court may order you to attend various programs, such as sex offender treatment.

Collateral Consequences

Social & Community Impact

Individuals on the registry are often ostracized by their communities, friends, and even family. This stigma leads to significant social isolation and makes it challenging to form and maintain personal relationships. The public accessibility of personal information, such as home addresses and offense details, can result in community harassment, vigilantism, and a persistent feeling of vulnerability, requiring individuals to seek supportive services to mitigate these repercussions.

Employment Difficulties

Being on the sex offender registry can severely limit employment opportunities. Many employers are hesitant to hire registered sex offenders due to perceived liability risks and concerns about protecting their employees and customers. This can force individuals into low-paying or unstable jobs, making it difficult to secure stable, well-paying employment and contribute productively to the workforce.

Housing Restrictions

Registered sex offenders in Florida face stringent housing restrictions, often prohibiting them from living near schools, parks, and daycare centers. These residency restrictions can drastically reduce available housing options, forcing individuals to live in remote or less desirable areas. This also highlights the importance of stable housing for reducing reoffense rates and promoting rehabilitation, requiring innovative solutions that meet legal mandates.

Travel & Movement Limitations

Florida's sex offender registry imposes strict reporting requirements for any changes in residence, employment, or extended travel. Registered individuals must notify law enforcement of their plans, and failure to comply can lead to severe legal repercussions, including additional criminal charges. These restrictions are a significant barrier to personal freedom, requiring meticulous planning and legal guidance to ensure individuals are fully aware of their obligations and avoid further penalties.

Building a Strategic Defense For Sex Crimes Charges in Miami

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. 

As a seasoned sex crimes lawyer in Miami, we will leverage every possible defense, including:

• Consent: In cases where the victim is of age, we can argue that the sexual activity was consensual and that the prosecution has not proven otherwise.
• False Accusations: We can argue that the alleged victim fabricated the accusations out of anger, jealousy, or a desire for revenge. This is a common defense in cases where the accuser and accused know each other.
• Insufficient Evidence: The prosecution must prove its case beyond a reasonable doubt. We will argue that the evidence presented is not sufficient to meet this high standard, either because the witness testimony is inconsistent or the forensic evidence is flawed.
• Mistaken Identity: We can argue that you have been misidentified as the person who committed the crime. This defense is particularly strong when the identification is based on a flawed witness lineup or a single, fleeting observation.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.

What Should I Do If I Have Been Falsely Accused of a Sex Crime?

Sometimes, misunderstandings or misinterpretations of consensual encounters can result in false claims. Emotional factors like jealousy, revenge, or the desire to gain an advantage in situations like custody battles can also motivate individuals to make false accusations. Additionally, external pressures, including societal stigmas or influencing parties, might lead someone to falsely accuse another. Being accused of a sex crime you know you didn’t commit is uniquely upsetting. The repercussions of such allegations can still be devastating, affecting your personal life, career, and reputation, so while you are likely stressed and overwhelmed, there are several things you need to do to protect yourself.

• Stay calm and seek legal counsel. The first and most critical step is to remain as calm as possible and seek legal representation immediately. Contacting a skilled criminal defense attorney who has experience with sex crime cases should be your top priority. Our Miami sex crime attorneys can help you navigate the complexities of the legal system, provide personalized advice, and fight to protect your rights throughout the process. 
• Do not engage with the accuser. No matter how angry you are, avoid any direct contact or communication with the accuser. Engaging with them could exacerbate the situation and be used against you in court. Any attempts to refute the claims directly should be handled by your attorney or through legal proceedings.
• Preserve evidence. Begin collecting and preserving any evidence that may support your innocence. This could include text messages, e-mails, social media interactions, photographs, and any other relevant documents. Documenting your whereabouts and activities around the time of the alleged incident can also be crucial.
• Identify witnesses. Compile a list of potential witnesses who can corroborate your version of events. These witnesses might include friends, family members, colleagues, or anyone who was with you during the time in question. We can help reach out to these individuals to gather statements and build your defense.
• Be cautious with information sharing. Refrain from discussing the accusations with anyone other than your attorney. Sharing details with friends, with your family, or on social media can lead to unintended consequences. Information can be misconstrued, and anything you say might be used as evidence in court.
• Avoid self-incrimination. Exercise your right to remain silent, especially when dealing with law enforcement. Politely decline to answer questions until your lawyer is present. Giving statements without legal guidance can inadvertently harm your defense.
• Prepare for potential civil consequences. Be aware that the accuser may also pursue civil actions for damages, even if the criminal charges are dropped or you are acquitted. We can help review what steps may be necessary to mitigate any civil claims that might arise.
• Get mental and emotional support. Facing false accusations of such a serious nature can be taxing on your mental and emotional well-being. Consider seeking additional support from a mental health professional or counselor to help you cope with the stress and anxiety of the situation.

The Florida Criminal Defense Process for Sex Crime Charges

Navigating the criminal justice system in Florida for a sex crime charge can be confusing and overwhelming. Our firm provides a clear, step-by-step guide and will be with you at every stage, ensuring you understand your rights and your options.

1. Investigation and Arrest: The process begins with an investigation and arrest; it is crucial to remain silent and request a lawyer immediately.
2. First Appearance and Arraignment: Within 24 hours of arrest, you will have your first appearance and arraignment to be informed of the charges and set bond.
3. Discovery: We will obtain and review all the evidence the prosecution intends to use against you, including police reports, forensic evidence, and witness statements, to find any weaknesses.
4. Pre-Trial Motions and Plea Negotiations: We will file pre-trial motions to challenge illegally obtained evidence or procedural errors, and we will engage in negotiations with the prosecutor, seeking a favorable agreement.
5. Trial and Sentencing: If a plea agreement cannot be reached, we are prepared to take your case to trial. If a conviction occurs, we will present mitigating evidence and arguments during sentencing to seek the most lenient sentence possible.

Are You Facing a Sex Crime Charge? We Can Fight for Your Freedom 

If you have been charged with a sex crime at either the state or federal level, we urge you to contact our Miami sex crime lawyers at Beckham Law Firm. Our award-winning and sought-after team benefits from more than 35 years of combined experience and the insight of a former Miami-Dade prosecutor. We have the resources, knowledge, and drive to diligently pursue any avenue that can help achieve a favorable outcome.

Our Miami sex crime lawyers recognize what is at stake and can fight to help you avoid or reduce the impact of these and other consequences. Contact us online or call (786) 244-8010to schedule your free, confidential case evaluation.