Sex Crime Lawyer in Tampa

Helping Defendants Understand Their Options After Being Arrested for Sex Crimes

The criminal justice system is set up to categorize crimes by severity. For example, misdemeanors are generally minor crimes and nonviolent offenses, while felonies are more serious charges. These categories are further broken up into degrees, such as a first- or third-degree felony. The more serious the charge, the more severe the penalties are if the defendant is convicted.

The most heinous sex crimes — child molestation and rape — are dealt with quite harshly in Florida. Offenders who are convicted of these crimes almost inevitably face lengthy prison sentences. Other sex-related crimes in Florida — solicitation, prostitution, and lewd conduct — may not involve force or violence, but they’re also prosecuted vigorously in this state.

A sex crime conviction can mean years in prison, stiff fines, probation, and mandatory registration as a sex offender. If a defendant has a previous sex crime conviction or if an adult has somehow involved a minor in a sex crime, prison is likely if the case ends with a conviction. That’s why it’s imperative that defendants do everything they can to fight the charges — and this starts by working with an experienced sex crimes defense attorney.

Attorney Patrick B. Courtney is an experienced criminal defense attorney who is able to help those facing sex crime allegations protect their rights and freedom. As a former prosecutor, he has unique insight into these types of cases and is able to help defendants fight the charges. Call (813) 252-1529 to schedule a free case evaluation to learn more.

What Qualifies as a Sex Crime in Florida?

Sex crimes is a large category that encompasses several different types of offenses, from possession of child pornography to sexual battery. The main defining factors of a sex crime are that there is a sexual motivation and, in most cases, a victim.

It’s a common misconception that sex crimes can only result from physical interactions between the defendant and the alleged victim. However, the internet and the prevalence of digital devices have made it so that many defendants are charged with sex crimes for actions that occurred in their own homes when they were alone, and the alleged victim may be on the other side of the country.

Some of the common sex crimes in Florida include:

Lewd or lascivious battery: This charge is applicable to sexual activity with a person under the age of 16
Possession of child pornography: It is illegal to knowingly possess images of a sexual nature of someone under the age of 18
Creating or distribution of child pornography: This includes sending explicit photos of a minor through text, email, or any online service
Statutory rape: If one person is over the age of 18 and the other is under, it doesn’t matter if both parties consent. It’s still considered illegal under Florida law
Sexual battery: Sexual battery involves unlawful penetration but does not require intercourse
Sexual misconduct: Sexual misconduct charges can apply when there is a sexual relationship between an employee and a patient or inmate as well as in other situations
Exposure of sexual organs: Commonly referred to as indecent exposure, this involves the defendant exposing their genitals to someone in a “vulgar or indecent manner.” This can apply to both public and private locations
Solicitation: Solicitation is illegal in the state of Florida, and this includes online solicitation through websites, webcams, or other means

Each and every one of these charges has the potential to negatively affect your life and should be treated with the utmost seriousness. If you’ve been arrested for a sex crime or believe you are currently under investigation, talk to a sex crimes defense attorney as soon as possible.

What Are the Maximum Penalties for Sex Crime Convictions?

The potential penalties for criminal offenses are stated in the Florida Statutes. A sentence must be within the bounds outlined in those laws, and there are often both mandatory minimum and maximum sentences. Below are some of the maximum sentences for common sex crimes.

Sexual battery is generally considered a second-degree felony in Florida. The maximum penalty for a conviction for sexual battery is 15 years in prison, 15 years on probation, and a fine of $10,000. However, there are extenuating circumstances that can elevate these penalties.

Aggravated sexual battery on a person age 18 or older is considered a first-degree felony. The maximum penalty is 30 years in prison, 30 years on probation, and a fine of $10,000.

The maximum penalty for aggravated sexual battery on a person between 12 and 18 years old is life in prison, and aggravated sexual battery on a child under age 12 by a defendant 18 or older requires mandatory life in prison without parole.

Other offenses carry a range of punishments. A conviction for statutory rape could lead to a maximum of 15 years in prison. Some sex crimes, such as solicitation and prostitution, are considered misdemeanors. Misdemeanors have a potential jail sentence of less than one year and much smaller fines. However, you can be convicted of a felony for even misdemeanor crimes if you have a history of previous convictions.

It’s important to fully understand what the charges brought against you mean and what penalties you could be facing. A defense attorney can explain what each charge means and what the sentence could be if you’re convicted.

Legal Penalties May Not Be the Only Penalties for a Sex Crime Conviction

While the legal consequences of a sex crime conviction are severe, these legal penalties are not the only consequences that convicted sex offenders face. While any criminal conviction has the potential to upend your life and have far-reaching effects, few carry the same weight and influence as sex crimes. You may face these additional consequences if you are convicted of a sex offense.

Registration as a Sex Offender

The state of Florida maintains a database of sex offenders and predators. Those convicted of certain sex crimes are required to be on the registered sex offenders list. Those crimes include but aren’t limited to:

Sexual misconduct
Luring or enticing a child
Human trafficking
Sexual battery
Unlawful sexual activity with minors
Solicitation
Child pornography

When you are ordered to register as a sex offender with the Florida Department of Law Enforcement, you must supply information such as your full name, date of birth, height and weight, identifying marks, occupation and place of employment, what vehicle you drive, and your address. The nature of the conviction is also generally included in the record.

The Florida sex offender database is available online to neighbors, employers, landlords, and everyone else, which can make it difficult to move forward after you’ve served your sentence.

Those required to be on the sex offender registry must also maintain up-to-date information with the county sheriff’s office. Depending on the conviction, you may have to complete a new registration form every six months or every three months.

Failing to register or to provide accurate information to the registry is a third-degree felony. Those who are registered as sex offenders in other states are also required to register upon relocation to Florida.

Ineligibility for Certain Jobs or Housing

Convicted sex offenders may encounter difficulty finding a job or even finding housing. Landlords often conduct background checks on prospective tenants and may be unwilling to rent to those who have sex crime convictions. In some cases, sex offenders may also be prohibited from living within 1,000 feet of a school, park, daycare, or playground, which can further their housing options.

Being a convicted sex offender can also keep you from being eligible for certain jobs. For example, you generally will not be able to work with minors or vulnerable populations, such as the elderly. Employers who require potential employees to pass a background check will see the conviction, which can hurt your chances of getting the job.

Deportation

If you’re an immigrant in Florida, a conviction for a sex crime will probably trigger a deportation order. This means that you will be forced to return to your home country, which may be somewhere you haven’t lived for many years. You could be separated from your family, friends, and community and even be barred from ever re-entering the United States.

Revocation of a Professional License

If you hold a professional license, that license may be revoked after a sex crime conviction. This is especially common when the offense involves the person’s occupation. For example, a doctor who is convicted of a sex crime involving a patient could lose their license to practice. Many professional licenses also stipulate that holders must maintain good moral character, and a conviction for a sex crime is often considered a violation of this requirement.

Impacts to Your Parental Rights

False allegations of sex crimes aren’t unheard of when custody disputes turn into high-conflict battles. A parent may believe that they can gain an advantage if they accuse the other parent of sexual abuse or misconduct. However, these allegations can have very real consequences for your ability to be involved in the decisions of raising your child, how often you see them, and even if you retain your parental rights. If you’re a parent who has been accused of a sex crime, you need aggressive legal representation immediately. Without a defense attorney, you could end up with your parental rights revoked, custody given to the other parent, and supervised parenting time with your children — or no parenting time at all.

Damage to Your Reputation

Sex crimes carry a huge stigma in the community, and many people assume that every person convicted of a sex crime is a violent predator. They don’t understand the nuances involved in these offenses, and this can lead to someone convicted of a sex crime being ostracized by their neighbors and the larger community. Defendants may lose the esteem and trust of their neighbors, friends, colleagues, and even family members.

A sex crimes conviction can also damage your professional reputation and impact your relationship with family and friends. People around you — even those who have known you for years — may now only see your charges instead of you as a person.

The truth is it can be difficult to overcome this damage to your reputation even if you aren’t convicted. The mere suggestion of a sex crime by being arrested can be enough to cause harm. However, aggressively fighting your charges can help you avoid criminal penalties and make it easier to attempt to restore your reputation and community ties when the case is over.

Does the Habitual Felony Offender Designation Apply to Sex Crimes?

Florida is one of several states that has enhanced penalties for habitual offenders. In Florida, a habitual felony offender is someone who has already been convicted of two or more felonies or qualifying offenses. These crimes could have been committed in Florida or another state. Many sex crimes qualify for this designation. If you already have at least two felony convictions, you could face a longer prison sentence.

In some cases, this is referred to as the Three Strikes Rule because three-time violent felony offenders, which includes those convicted of sexual battery, can have mandatory minimum sentences and may even be sentenced to life in prison.

If you already have a criminal record, it’s imperative that you work with an experienced attorney to avoid another conviction. In some cases, it may be possible to have a felony charge reduced to a misdemeanor through a plea deal, which can help you avoid more severe penalties.

What Is a Tampa Defense Lawyer’s Role in a Sex Crime Case?

Any charge of sexual abuse, rape, statutory rape, or sexual exploitation of a child requires a concise and thorough examination by a Tampa sex crimes defense lawyer who has considerable experience defending clients accused of sex crimes.

If the state’s case is weak, the right attorney can have a sex crime charge reduced or sometimes even dismissed. But if the evidence is substantial and a conviction is certain, a defense lawyer may still work to have the charge reduced, the sentence reduced, or seek alternative sentencing.

A defense attorney is here to protect your rights, challenge the prosecution’s evidence, and help you select the right defense strategy for your situation. A lawyer has the legal knowledge and court experience to be able to successfully represent you, whether that means helping you get released on bail so that you don’t have to stay in custody while the case is in progress, negotiating a plea deal, or advocating for your rights at trial.

What Defenses Can Be Offered Against Sex Crime Charges?

The defenses against sex crime charges depend on the details of the particular case, and your attorney will go over every option with you to discuss the pros and cons and provide their counsel. It’s essential to ask any questions you have and ensure you understand the potential long-term consequences of a conviction. Being an active participant in your defense gives you a stronger chance of a positive outcome. The most commonly offered defenses to sex crime charges include the following.

Consent

Consent is a common defense in sex crime cases. In general, the law allows for two adults to engage in whatever sexual activity they desire as long as they both consent. However, someone who has regrets about their interactions may falsely accuse the other of sexual battery in an attempt to cover up their own behavior. For example, if someone cheats on their spouse and the spouse finds out, the person who was unfaithful may allege that the affair partner coerced or forced them in some way. If your attorney can prove that the activity was consensual, a conviction may not apply.

However, consent cannot be used as a defense if the victim was a minor, a person with disability, or a person who was too intoxicated to provide legal consent. This last point can be especially challenging because people often enjoy a few drinks before being intimate. However, if the other person was intoxicated, you could be charged with a sex crime even if they expressed consent at the time because the law says they lacked the capacity while they were under the influence.

Lack of Evidence

In order to win a conviction, the state must prove its case through evidence and meet the criminal burden of proof, which is “beyond a reasonable doubt.” However, many sex crimes cases are really one person’s word against the other. If there is not enough evidence to show that the defendant committed a crime, the charges may be dropped due to lack of evidence.

It may also be possible for a defense attorney to get evidence ruled as inadmissible due to procedural errors or a violation of the defendant’s rights. For example, material found on a computer or electronic device may not be used as evidence if it was obtained through an illegal search and seizure. Similarly, a defendant’s confession to a sex crime may be ruled inadmissible if the defendant was not informed of their rights before questioning. Without enough qualifying evidence, the state may not be able to make its case and be forced to drop the charges.

Fabricated Claims

False sex crime accusations are made for a number of reasons. An ex may be seeking an edge in a custody dispute, or a teen may lie to “get back” at a stepparent. Sometimes, a false sex crime accusation is made for no apparent reason at all. Being accused of a sex crime when you’re innocent can be incredibly distressing, but it’s important not to try to explain everything to the investigators or offer to let them search your home or belongings. If you’ve been falsely accused of a sex crime, you need immediate assistance from an experienced defense attorney.

Mistaken Identity

In some cases, sex crimes charges are brought against the wrong person. A common example is when a shared computer is used to commit a crime, such as online solicitation or distribution of child pornography. It may be difficult to identify who was responsible when more than one person had access to the device.

Entrapment

Particularly when online “sting” operations are used to lure potential sexual predators, law enforcement officers sometimes use tactics that constitute entrapment. The law states that officers can’t encourage, pressure, or manipulate a person into committing an offense. If the investigation violated these rules, the entire charge could be thrown out.

If you are charged with a sex crime in the Tampa Bay area, you must fight the charge. To convict you of a sex crime charge, the state must prove your guilt beyond a reasonable doubt, and that isn’t always easy in sex crime cases.

Contact Tampa Sex Crimes Attorney Patrick B. Courtney Today

Do not try to act as your own attorney. Too much is at risk. If you are arrested on a sex crime charge, politely insist on your right to remain silent and your right to have your lawyer present during any questioning.

Tampa criminal defense lawyer Patrick B. Courtney has more than 24 years of legal experience. He’s been a prosecutor, so he knows how sex crime cases are prosecuted. Pat Courtney fights for justice and brings sex crime cases to the best possible conclusion.

He represents clients who’ve been charged with sex crimes in Hillsborough, Pasco, Polk, Pinellas, Manatee, and Sarasota counties. Learn more about Pat Courtney — and about your rights — by calling (813) 252-1529 or by filling out the contact form on this website.