Sex Crimes Defense Attorney in Fontainebleau

Grievous bodily harm means “serious injury.” Examples may include broken or dislocated bones, a deep cut, a bodily tear, serious damage to the internal organs, or other serious injuries. In determining whether a threat places the victim in fear, federal courts evaluate whether the defendant’s communication or action would cause a reasonable person to to fear that non-compliance would result in the threat being carried out against the victim or someone else.

FEDERAL SEX ASSAULT LAW

Federal law lists potential definitions of sexual assault. A defendant may be convicted for sexual assault if he or she:

• commits a sexual act on someone else by threatening or placing the other person in fear
• commits a sexual act on someone else by making a false representation that the sexual act serves a professional purpose
• commits a sexual act on someone else by inducing a belief by any artifice, pretense, or concealment of the defendant’s identity
• commits a sexual act on someone else without the victim’s consent
• commits a sexual act on someone else when the defendant knows or reasonably should know the victim is asleep, unconscious, or otherwise unaware that the sexual act is occurring
• commits a sexual act against someone else when the other person is incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance and the victim’s condition is known or should be known by the defendant
• commits a sexual act against someone else when the other person is incapable of consenting to the sexual act due to a mental health condition or physical disability and the victim’s condition is known or should be known by the defendant

Aggravated sexual contact and abusive sexual contact

“Sexual act” and “sexual contact” have very different meanings under federal law. The federal definition of “sex act” involves an act of penetration or contact between the mouth and the genitals or anus. In contrast, sexual contact is defined as touching or causing another person to touch, directly or through clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. The aggravated sexual contact and abusive sexual contact laws cover touching that is done with any part of the body.

Aggravated sexual contact occurs when the defendant touches or causes someone else to touch the victim in a manner that would meet the definition of rape if the touching had manner of touching involved the required elements in a rape charge. For example, if the defendant made violent threats and touched the victim’s genitals without the required element of penetration, the charge may be sexual contact instead of a rape charge.

Similarly, abusive sexual contact that is like but does not occur in a manner that fully meets the definition of sexual assault. An example of abusive sexual contact would be a defendant who touches a victim’s clothed buttocks without the victim’s consent.

Fontainebleau FL sexual battery cases

Florida law uses the term “sexual battery” to refer to cases most people would describe as rape. Sexual battery is defined under state law as the penetration or touching of someone else’s sex organs with a part of the defendant’s body or an object. Where the federal rape and sexual assault laws require the prosecution to prove the defendant behaved violently or deceptively or the victim was unable to consent, the state sexual battery laws are more focused on the lack of the victim’s consent. The penalties for sexual battery under Florida law vary depending on the ages of the defendant and the victim. Minors are generally treated slightly more leniently by Florida courts in most sex crimes cases. The severity of a convicted defendant’s sentence for sexual battery also depends on whether there are aggravating factors in the case.

A sexual battery case in which the defendant and the victim are both at least 18 is generally a second-degree felony case. If convicted, the defendant may be sentenced to a maximum of 15 years in prison and ordered to pay a fine of up to $10,000. There are certain circumstances that allow the court to enhance an adult defendant’s sentence to a first-degree felony if convicted for sexual battery against a victim who is 12 or older. Those circumstances are:

• the defendant has been previously convicted of sexual battery or a lewd or lascivious act against a minor
• the victim was helpless to resist the attack
• the defendant coerced the victim to comply by threatening to retaliate against the victim or anyone and the victim reasonably believes the victim can execute the threat
• the defendant, without prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance that mentally or physically incapacitated the victim
• the victim has a mental disorder, and the offender has reason to believe the victim has the disorder or has actual knowledge of the disorder
• the victim is physically incapacitated
• the defendant is a law enforcement officer, correctional officer, correctional probation officer, any person who is in a position of authority in any probation, community control, controlled release, detention or similar setting, or if the defendant is an elected official or if the defendant led the victim to believe he or she was in a position of authority with the government

In the absence of the use of force, a defendant who is 18 or older may be charged with a first-degree felony if he or she is accused of sexual battery against a victim who is at least 12 but under 18 years old. If convicted, the defendant may be sentenced to up to 30 years in prison. However, if the defendant is under 18, the same offense is a second-degree felony with a maximum sentence of 15 years in prison.

Lewd or lascivious laws in Florida

Florida’s lewd or lascivious laws address sex crimes that are more akin to child molestation. “Lewd or lascivious” is a legal term that refers to sexually immoral behavior. Listed below are different degrees and variations of the state’s lewd or lascivious laws.

LEWD OR LASCIVIOUS BATTERY CHARGE

State law defines lewd or lascivious battery as the act of engaging in sexual activity with a person who is at least 12 years of age but younger than 16. The act of encouraging, forcing, or enticing anyone who is younger than 16 to engage in sadomasochistic abuse, bestiality, prostitution, or any other sexual activity is also lewd or lascivious battery under Florida law. Lewd or lascivious battery is generally a second-degree felony offense. However, if the defendant is 18 or older and has one or more prior convictions for lewd or lascivious battery or a similar offense, the charge is a first-degree felony.

LEWD OR LASCIVIOUS MOLESTATION

An individual who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, buttocks, or the clothing that covers the listed body parts of a victim who is younger than 16 may be convicted for lewd or lascivious molestation. If the defendant is 18 or older and the victim is younger than 12, the offense is a first-degree felony with a maximum sentence of life in prison. Lewd or lascivious molestation is a second-degree felony offense if the defendant is 18 years of age or over and the victim is at least 12 but younger than 18 years of age or if the defendant is under 18 years of age and the victim is younger than 12 years of age. A defendant who is accused of sexual battery against a victim who is 12 or older but younger than 18 may be charged with a third-degree felony offense.

Lewd or Lascivious Conduct

Lewd or lascivious conduct is defined as the act of intentionally touching a person who is under 16 years of age in a lewd or lascivious manner. Soliciting a person who is under 16 years of age to commit a lewd or lascivious act also meets the definition of lewd or lascivious conduct. If the defendant in a lewd or lascivious conduct case is 18 or older, the charge is a second-degree felony. If the defendant is under 18 years of age, the charge is a third-degree felony, which carries a maximum sentence of five years in prison and a fine of up to $5,000.

LEWD OR LASCIVIOUS EXHIBITION

Florida’s lewd or lascivious exhibition law calls for extreme caution when engaging in anything that may be perceived as sexual behavior. People who do not intend to interact with a minor in a sexual manner may technically be charged with lewd or lascivious expedition. State law defines lewd or lascivious exhibition as doing any of the following:

• intentionally masturbating
• intentionally exposing the genitals in a lewd or lascivious manner
• intentionally committing any other act that does not involve actual physical or sexual contact with the victim, including but not limited to sadomasochistic abuse, bestiality, or the simulation of any act that involves sexual activity

Under the state lewd or lascivious law, people may be accused of a sex offense if they walk past a window in a state of undress, engage in sexual behavior in a setting in which a minor may observe the behavior, or even if they make a sexual gesture without actually intending to display the gesture to a minor. If accused of lewd or lascivious exhibition, a defendant who is 18 or older, the charge is a second-degree felony offense. If the defendant is under 18, the charge is a third-degree felony.

The law requires state prosecutors to prove the defendant had the intent to behave in a lewd or lascivious manner. Therefore, your Fontainebleau sex crimes defense attorney may challenge the charge by providing evidence of the absence of intent to abuse a minor in a sexual manner.

Mandatory minimum sentencing in sex crimes

Sex offenses often carry mandatory minimum sentences that apply to the case if the defendant is convicted of the crime. Both state and federal offenses may carry a mandatory minimum sentence. If the defendant is convicted for an offense that has a mandatory minimum sentence, the court is required to sentence the defendant to a minimum amount of prison time. Sentencing a defendant the maximum amount of time in prison is also still an option in cases that have a mandatory minimum sentence.

Aggravating factors may add a mandatory minimum prison sentence in cases that may otherwise not have a mandatory minimum. For example, if a defendant uses a gun to threaten a victim while committing aggravated sexual contact, the prosecutor may also charge the defendant with a gun-related offense that carries a mandatory minimum sentence. In some instances, the use of a weapon automatically adds a mandatory minimum sentence without the addition of a separate gun charge.

Critics of mandatory minimum sentencing argue that the concept restricts judges from exercising discretion in very serious criminal cases. Judicial discretion is important because there are situations in which a lengthy prison sentence may not be the answer to solving the defendant’s underlying problem. Some defendants may require commitment to a mental health facility or other types of sentencing that will properly restrict the defendant from being near vulnerable populations while also allowing the defendant to receive mental health services. There are cases in which a federal or state court judge may deviate from mandatory minimum sentencing guidelines. Consult our Florida sex crimes defense lawyer to determine whether your case may qualify for an exception.

Taking a plea deal in a sex crimes case

If you don’t have effective legal counsel, you may be tempted to think there is no such thing as a bad deal. However, sometimes, prosecutors anticipate that a defendant will not have the legal support and advocacy he or she needs. A federal prosecutor may offer a plea deal that is not as favorable as it should be to the defendant. There are also cases in which the defendant should outright refuse the plea deal. It may seem easier for you to operate on the assumption that the federal or state government will offer you a fair and equitable deal. However, a deal that seems fair on its face may be less favorable than proceeding with the trial or a plea deal your attorney may be able to get on our behalf.

The thought of automatically receiving a reduced sentence may seem like a break in your case. However, you should never accept a plea deal without first consulting a reputable Florida sex crimes defense attorney. We can negotiate a plea deal on your behalf. In some instances, we may advise a client to proceed to trial if there does not appear to be sufficient evidence to support the prosecutor’s case. Joffe Law is committed to protecting clients’ interests. We help our clients understand the implications of their legal options so they can make informed decisions about the best ways to move forward. We fight back against the abuse and overstep that sometimes happens in the criminal justice system.

Fontainebleau sex crimes defense lawyer

You don’t have to face a sex offense charge alone. Our Florida sex crimes defense attorney understands the legal and personal challenges people may face if they are wrongfully accused of a serious crime. We will help you navigate the criminal court process and work to protect your rights. Contact Joffe Law, South Florida’s sex crimes defense law firm. A member of our team will evaluate your case and discuss the potential strengths in your case.