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Hialeah Sex Crimes Lawyer

Sex offense attorney fighting for you every step of the way

Sex offenses carry severe penalties that generally include time in prison and a requirement to register as a sex offender if convicted. Merely being accused of a sex crime can be a life-changing experience. Even if the accused party is proven not to have been involved in the crime, distrust may still linger, and reputational damage may be difficult to repair. If you have been accused of a sex crime, your first step toward justice is to immediately contact a reputable Florida criminal defense attorney who specializes in sex crime cases. Joffe Law represents people who have been accused of a sex offense in Hialeah.

Wrongfully accused of a sex crime in Florida?

When it comes to serious offenses like sex crimes, disproving a malicious rumor can be difficult. Nevertheless, false accusations do happen. Wrongful sex crime accusations commonly arise from the following situations:

heated family law battles
blackmail
mistaken identity
mental illness

Now matter how the wrongful accusation against you occurred, speaking with a lawyer is the most important step toward protecting your reputation and potentially your freedom. Our Hialeah sex crimes defense attorney is available to review your case.

Federal- and state-level sex offenses

Like many other offenses, sex crimes can be charged under state or federal law. The federal government will prosecute a criminal matter under certain conditions. A defendant may be charged with a federal sex crime if any of the following is present in the defendant’s case:

an element in the case that takes place in the stream of international or interstate commerce
the involvement of a federal government agency
the involvement of a federal government employee or official
an element in the case that takes place in a U.S. territory

Defendants may be charged with both state and federal crimes for offenses that arise out of a single incident. If convicted in both court systems, the defendant will be sentenced on two separate occasions for both sets of charges.

Each jurisdiction has the authority to choose its own definitions and terminologies for different sex offenses. Therefore, terms and definitions vary from state to state and between state and federal sex crime charges.

Federal rape and sexual assault charges

Rape and sexual assault are the most common terms people use to refer to sex crime. Although the terms are used interchangeably, there are important differences when it comes to federal law.

FEDERAL RAPE STATUTE

Under federal law, rape can be defined five different ways. A defendant may be convicted on a federal rape charge if a federal prosecutor prove the defendant committed a sexual act against someone else by doing any of the following:

using unlawful force
using force that is likely to cause death or grievous bodily harm to any person
threatening or placing the other person in fear that any person will be subjected to death, grievous bodily harm, or kidnapping
first rendering the other party unconscious
administering to the other person by force or threat of force or without the knowledge or consent of the other party a drug, intoxicant, or other similar substance and thereby substantially impairing the ability of the other person to appraise or control conduct

The definition of rape under federal law is based on the use of a certain degree of force, a threat cause death, kidnapping, or serious bodily harm, or the offender causing the victim’s mental state to be altered in a way that prevents the victim from being able to consent or express a lack of consent to the conduct.

FEDERAL SEXUAL ASSAULT CHARGE

Sexual assault is similar to rape under federal law, but the subtle differences between the two terms are of significance. A defendant may be convinced on a federal charge of sexual assault if:

the defendant commits a sexual act against someone else by threatening or placing the other person in fear
the defendant commits a sexual act against someone else by making a fraudulent representation that the sexual act serves a sexual purpose
the defendant commits a sexual act against someone else by inducing a belief by any artifice, pretense, or concealment that the defendant is someone else
the defendant commits a sexual act against someone else without the other person’s consent
the defendant commits a sexual act against someone else when the defendant knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring
the defendant 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 that condition is known or reasonably should be known by the defendant
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 disease or disorder or physical disability and that condition is known or reasonably should be known by the other person

In contrast to the federal rape law, federal sexual assault does not require the prosecution to prove the defendant used violence or a threat to cause serious bodily harm, kidnapping, or death. Instead, the federal sexual assault law focuses on the victim’s lack of consent and the defendant’s use of deception or causing general fear.

FEDERAL AGGRAVATED SEXUAL CONTACT AND ABUSIVE SEXUAL CONTACT

Under federal law, rape and sexual assault charges are based on an illegal sexual act occurring. Aggravated and abusive sexual contact charges are based on an act of illegal sexual contact. Federal law defines a sexual act as any of the following:

any degree of penetration of the male sex organ into the mouth, vulva, or anus
contact between the mouth and the penis, vulva, scrotum, or anus
any degree of penetration of the vulva, penis, or anus of another by any part of the body or object with the intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person

Federal law defines sexual contact as touching or causing someone else to touch, directly or through clothing, the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of someone else, directly or through clothing, with the intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desire of any person. Sexual contact includes touching that is accomplished with any object or any part of the body.

Under federal law, aggravated sexual contact occurs when someone causes sexual contact on or by someone else in a manner that would meet the definition of rape if the contact were a sexual act instead of sexual contact. Abusive sexual contact is defined as causing sexual contact on or by someone else in a manner that would meet the federal law definition of sexual assault if the contact were a sexual act instead of sexual contact.

Just Arrested in Hialeah?

Do not say anything that might incriminate you. Speak with a lawyer first.

Hialeah sexual battery charge under Florida law

Florida law does not specifically reference the terms “rape” or “sexual assault.” Instead, Florida courts prosecute offenses that meet the federal definitions of rape and sexual assault under the state’s general sexual battery law. A standard sexual battery charge is based on the victim’s lack of consent. State courts may enhance a convicted victim’s sentence if the use of force or other aggravating circumstances are present in a sexual battery case.

SEXUAL BATTERY CHARGES FOR ADULT DEFENDANTS

Florida law and federal law considers anyone who is 18 years of age or older to be an adult. Anyone who is younger than 18 years of age is described as a minor or a child under federal and state law.

An adult defendant who commits an act of sexual battery against someone who is also at least 18 years of age or older and does not use force or violence that is likely to cause serious personal injury commits a second-degree felony offense. If convicted, the defendant may be sentenced to up to 15 years in prison and ordered to pay a fine of up to $10,000. If the offender is an adult and the victim is at least 12 years of age or older but younger than 18, the offense is a first-degree felony in the absence of the use of force or violence likely to cause serious personal injury. If convicted, the defendant may be sentenced to a maximum of 30 years in prison and ordered to pay a fine of up to $10,000.

Depending on the victim’s age and whether aggravating circumstances are present in the case, first degree felony sexual battery may have an enhanced maximum sentence. Sexual battery is a first-degree felony with a maximum sentence of life in prison if the defendant is an adult and the victim is at least 12 years of age but younger than 18 and any of the following circumstances are present in the case:

the victim is helpless to resist
the defendant coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the defendant has the present ability to execute the threat
the defendant coerces the victim to submit by threatening to retaliate against the victim or any other person and the victim reasonably believes the defendant has the ability to execute the threat in the future
the defendant, without the 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 incapacitates the victim
the victim has a mental disorder, and the defendant has reason to believe the victim has the defect or has actual knowledge of the defect
the victim is physically incapacitated
the offender is a law enforcement officer, probation officer, elected official, or authority figure in a parole or detention setting

If the victim is 18 years or older and any of the circumstances listed above are present in the case, sexual assault is still a first-degree felony offense. However, the maximum sentence is 30 years in prison and a fine of up to $10,000.

FLORIDA SEXUAL BATTERY CHARGES FOR MINOR DEFENDANTS

Sexual battery is a second-degree felony if the defendant is younger than 18 years of age and the victim is at least 12 years old and the defendant did not use violence or a threat to do serious bodily harm. The offense is a standard first-degree felony with a maximum sentence of 30 years in prison and a fine of up to $10,000 if the defendant is younger than 18 years of age and the victim is 12 years of age or older if any of the listed circumstances are present in the case.

Hialeah lewd and lascivious offenses under Florida law

Most of Florida’s lewd or lascivious laws address sex offenses against minors who are under the age of 16. The phrase “lewd or lascivious” refers to behavior that is unchaste, distasteful, or against current community standards. Defendants in lewd and lascivious cases may not argue any of the following defenses:

the victim’s consent
the victim’s lack of chastity
lack of knowledge of the victim’s age

LEWD OR LASCIVIOUS BATTERY IN HIALEAH

Florida law defines lewd or lascivious battery as the act of engaging in sexual activity with someone who is at least 12 years old but younger than 16 years of age. Encouraging, forcing, or enticing anyone who is younger than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act that involves sexual activity is also lewd or lascivious battery under state law.

Lewd or lascivious battery is generally a second-degree felony offense, which has a maximum sentence of 15 years in prison and a fine of up to $10,000. If the defendant is 18 years of age or older and has one or more prior charges for a similar offense, lewd or lascivious battery is a first-degree felony offense, which has a maximum sentence of 30 years in prison and a fine of up to $10,000.

LEWD OR LASCIVIOUS MOLESTATION

Lewd or lascivious molestation is Florida’s most direct equivalent to a child molestation charge. A defendant may be convicted in state court for lewd or lascivious molestation if he or she intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, buttocks, or the clothing covering them, of a person who is younger than 16 years of age. Forcing or enticing someone who is younger than 16 years of age to touch the perpetrator is also an act of lewd or lascivious molestation. If the offender is 18 years of age or older and the victim is younger than 12 years of age, lewd or lascivious molestation is a first-degree felony that carries a maximum sentence of life in prison. However, if the offender is younger than 18 years of age and the victim is younger than 12 years of age or if the offender is 18 years of age or older and the victim is 12 years of age or older but younger than 18, the offense is a second-degree felony, which carries a maximum sentence of 15 years in prison and a fine of up to $10,000.

If the offender is younger than 18 years old and the victim is 12 years of age or older but younger than 16, the offense is a third-degree felony. If convicted, the minor defendant may be convicted to a maximum of five years in prison and ordered to pay a fine of up to $5,000. An adult defendant who has one or more previous charges for a similar offense may be charged with a second-degree felony if the defendant is at least 12 years of age but younger than 18.

LEWD OR LASCIVIOUS CONDUCT

Florida law defines lewd or lascivious conduct as intentionally touching a person who is younger than 16 years of age or soliciting someone who is younger than 16 years of age to commit a lewd or lascivious act. Where lewd or lascivious molestation requires a state prosecutor to prove the defendant touched the victim in certain areas of his or her body, lewd or lascivious conduct requires the prosecutor to prove the defendant touched the victim in a lewd or lascivious manner.

If the defendant is 18 years of age or older, the offense is a second-degree felony, which carries a maximum sentence of 15 years in prison and a fine of up to $10,000. If the defendant is younger than 18 years of age, the offense 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 law makes it necessary to be very cautious when engaging in sexual activity. An individual may be convicted for lewd or lascivious exhibition if he or she:

intentionally masturbates
intentionally exposes the genitals in a lewd or lascivious manner
intentionally commits any other sexual act that does not involve actual physical or sexual contact with the victim, including but not limited to, sadomasochistic abuse, sexual bestiality, or the simulation of any act involving sexual activity in the presence of a victim who is less than 16 years of age.

If the offender is 18 years of age or older, the offense is a second-degree felony, which carries a maximum sentence of 15 years in prison and a fine of up to $10,000. In lewd or lascivious exhibition cases that involve a defendant who is under the age of 18, the offense is a third-degree felony, which has a maximum sentence of five years in prison and a fine of up to $5,000.

GENERAL LEWD AND LASCIVIOUS OFFENSES

Some acts are illegal under Florida’s lewd and lascivious statutes even if the victim is not younger than 16 years of age. Florida law generally prohibits “unnatural and lascivious acts” and the exposure of the sex organs.

Florida’s law against unnatural and lascivious acts was written very broadly to cover any “unnatural or lascivious act” a person engages in with someone else. It is important to note that the state’s lewd and lascivious laws specify an exception for women who are breastfeeding their child. Unnatural and lascivious acts are generally second-degree misdemeanor offenses. If convicted, the defendant may be sentenced to up to 60 days in jail and ordered to pay a fine of up to $500.

An individual may be charged for exposure of sexual organs if he or she exposes or exhibits his or her sex organs in public or on someone else’s private premises in a vulgar or indecent manner. Exposing or exhibiting the genitals close enough to someone else’s premises for someone else to see the genitals is also against Florida’s law against exposure of sex organs. Being naked in public in a vulgar or obscene manner also violates the law.

Exposure of sexual organs is a first-degree misdemeanor if the defendant does not have one or more prior charges for a similar offense. If convicted, a first-time offender may be sentenced to up to one year in jail and ordered to pay a fine of up to $1,000. A defendant who has one or more prior charges for exposing his or her sexual organs may be convicted for a third-degree felony, which has a maximum sentence of up to five years in prison and a fine of up to $5,000.

Hialeah sex crimes defense lawyer

People are sometimes mistakenly or outright wrongfully accused of sex crimes. If someone has accused you of a sex offense in Hialeah FL, immediately retain legal counsel. Joffe Law is a leading legal defense firm that specializes in sex crimes cases in Florida. Contact our team to receive a free case evaluation.