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Hammocks Sex Crimes Attorney

We specialize in defending complex federal & state criminal cases

Rumors of a sex crime can incite fear in a community. Oftentimes, law enforcement agencies do not immediately know the identity of the offender in a sex crimes case. As the police investigate, they may call several suspects or persons of interest to narrow the investigation down to the likely offender. People who are questioned regarding a sex crime may still experience reputational damage even after the police determine they had nothing to do with the crime. If you have been identified as a person of interest or a suspect in a sex crimes case in The Hammocks, your first step should be to contact a Florida sex crimes defense lawyer. Joffe Law specializes in defending people who have been accused of a sex crime in South Florida. Retaining legal counsel as early as possible can help you avoid the potential of drawing unnecessary suspicion to yourself or being wrongfully charged and convicted.

Falsely accused of a sex crime in The Hammocks

False sex crime accusations can come about in a variety of ways. Some false accusations are made unintentionally while in other cases, the accuser may have more sinister motives. Examples of situations that have led to false sex crimes charges are:

contentious family law battles
blackmail
mistaken identity
mental illness

You don’t have to know the other party’s motive if someone has falsely accused you of a sex crime. Your Florida sex crimes defense lawyer will determine the best approach to protecting your rights and disproving the charges against you.

State and federal sex crimes

People may be surprised to learn that sex crimes can be charged in state or federal court. Most sex crimes are state offenses. However, a defendant may be charged with a federal sex crime if:

the case involves interstate or international activity
an element in the case takes place on federal government property
the case involves a federal agency
the case involves a federal employee or a foreign official

Defendants may be charged in state and federal court separately for the same actions if the defendant’s violated laws in both systems. People who face state and federal charges may be required to prepare for two separate trials and may be convicted and sentenced in both trials. If you have been charged with a sex crime under federal law, you should choose a Florida sex crimes defense attorney who is experienced in both state and federal sex crimes cases.

Federal rape and sexual assault laws

Each jurisdiction has the authority to choose its own terminologies and definitions by which it refers to various sex offenses. Therefore, the common terms people use in everyday language to refer to sex crimes can have different meanings depending on which state you are in and whether federal law is applicable. Many federal sex offenses are covered by the federal rape and sexual assault laws.

FEDERAL RAPE LAW

The federal rape statute defines five different ways. A defendant may be convicted on a rape charge in federal court if the defendant commits a sexual act against someone by doing any of the following:

Using unlawful force against the other person
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 person unconscious
Administering to the other person by force or threat of force, with or without the knowledge and consent of the other person, a drug, intoxicant, or any other substance and thereby substantially impairing the ability of the other person to appraise or control conduct

Federal rape law focuses on the use of unlawful, deadly, or dangerous force, the threat to cause death, serious harm, or kidnapping, or the defendant’s role in affecting the defendant’s mental state and ability to give or deny consent. If the defendant’s conduct does not meet the specified standards, the offense may be classified as sexual assault under federal law.

SEXUAL ASSAULT UNDER FEDERAL LAW

Rape and sexual assault are often referred to interchangeably in casual conversation. However, there are subtle but important differences between the two terms. Under federal law, a defendant may be convicted on a sexual assault charge if any of the following is occurs:

The defendant commits a sexual act against another person by threatening or placing the other person in fear
The defendant commits a sexual act against another person by making a fraudulent representation that the sex act serves a professional purpose
The defendant commits a sexual act against another person by inducing a belief by any artifice, pretense, or concealment that the offender is someone else.
The defendant commits a sexual act against another person without the consent of the other person
The defendant commits a sexual act against another person when the other person 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 another person 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 person
The defendant commits a sexual act against another person 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 defendant

A federal sexual assault charge is based on the defendant’s general use of a threat or causing the victim be in a state of fear. Unlike the rape statute, the sexual assault law does not require the defendant to have actively caused the victim to be in an altered mental state if the victim was incapable of consenting. The federal sexual assault law also includes cases in which the perpetrator uses deception or fraud to induce the victim to engage in sexual activity.

Just Arrested in Hammocks?

Do not say anything that might incriminate you. Speak with an attorney first.

Florida’s sexual battery laws

Florida law does not specifically reference rape or sexual assault. Instead, the state prosecutes crimes that meet the federal law definition of rape and sexual assault under Florida’s general sexual battery statute. Under Florida law, a standard sexual battery charge does not include the use of force or violence as a required element. State prosecutors may establish a sexual battery charge by proving the defendant committed a sexual act on someone else without the other person’s consent. If a sexual battery case involves the use of force and other aggravating factors, the court may enhance sentencing if the defendant is convicted.

SEXUAL BATTERY CHARGES AGAINST ADULT DEFENDANTS

A standard sexual battery charge is a second-degree felony if the victim and the offender are at least 18 years of age and if the case does not involve the use of threat, force, or other aggravating circumstances. 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.

Florida draws a distinction between minor victims who are younger than 12 years of age and minors who are at least 12 but younger than 18. Victims who are younger than 12 are considered to be prepubescent minors. Sentencing under state law is more severe in cases in which the victim is younger than 12 years of age. If an adult offender injures the sexual organs of a minor who is younger than 12 years of age through sexual battery, the offense may be a capital felony.

In sexual battery cases in which the offender is an adult and the victim is at least 12 years of age but younger than 18 years old, the offender may be charged with a first-degree felony if the case does not involve the use of force or other aggravating circumstances. If convicted, the defendant may be sentenced to up to 30 years in prison and ordered to pay a fine of up to $10,000.

SEXUAL BATTERY CHARGES AGAINST MINOR DEFENDANTS

A person who is younger than 18 years of age who commits a sexual battery against someone who is younger than 12 years old may be charged with a second-degree felony if the offense does not involve the use of physical force or violence that is likely to cause serious personal injury. If convicted, the minor defendant may be sentenced to up to 15 years in prison and ordered to pay a fine of up to $15,000. If a minor, through sexual assault, causes injury to the sexual organs of a victim who is younger than 12 years of age, the offense is a first-degree felony with a maximum sentence of life in prison.

AGGRAVATING FACTORS IN THE HAMMOCKS SEXUAL BATTERY CASES

In all cases in which the victim is 12 years of age or older, sexual battery is a first-degree felony if the defendant threatens to use a deadly weapon or if the defendant uses actual physical force that is likely to cause serious personal injury. If convicted, the defendant may be sentenced to a maximum of life in prison. Sexual battery is also a life felony under Florida law if the victim is at least 12 years of age, the defendant has a previous conviction for kidnapping or another custody offense against a minor, and any of the following circumstances are present in the case:

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

Lewd and lascivious offenses in Florida

Florida’s Lewd and Lascivious laws mostly address sex offenses in which the victim is a minor who is younger than 16 years of age. The phrase “lewd or lascivious” refers to sexual behavior that is unchased, licentious, wicked, lustful, sensual, or otherwise distasteful. Defendants cannot argue any of the following defenses in lewd and lascivious cases in Florida:

The victim’s consent
The victim’s lack of chastity
The defendant’s lack of knowledge or belief that the victim was a minor at the time of the offense

LEWD OR LASCIVIOUS BATTERY CHARGES IN THE HAMMOCKS

Lewd or lascivious battery is defined under Florida law as the act of engaging in sexual activity with someone who is 12 years of age or older but younger than 16. Encouraging, forcing, or enticing anyone who is younger than 16 years of age to engage in sadomasochistic abuse, bestiality, prostitution, or any other act that involves sexual activity also meets the state law definition of lewd or lascivious battery. Lewd or lascivious battery is generally a second-degree felony. 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. However, if the defendant has a prior conviction for sexual battery or a lewd offense against a minor in a case that involved kidnapping or a related offense, lewd or lascivious battery is a first-degree felony offense. If convicted on a first-degree felony count of lewd or lascivious battery, the defendant may be sentenced to up to 30 years in prison and ordered to pay a fine of up to $10,000.

THE HAMMOCKS LEWD OR LASCIVIOUS MOLESTATION CHARGES

Lewd or lascivious molestation is Florida’s most direct comparison to a child molestation law. Florida law defines lewd or lascivious molestation as intentionally touching in a lewd or lascivious manner the breasts, genitals, genital area, buttocks, or the clothing covering the named areas, of a person who is less than 16 years of age. Forcing or enticing a victim who is younger than 16 years of age to touch the perpetrator is also an act of lewd or lascivious molestation. The ages of the victim and the defendant heavily factor into the charge and the potential maximum penalty. However, in any case, lewd or lascivious molestation is always a felony offense.

In lewd or lascivious molestation cases in which the defendant 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 with a maximum sentence of life in prison. If the defendant is younger than 18 years of age and the victim is under 12 years of age or if the defendant 18 years of age and the victim 12 or older but younger than 16, lewd or lascivious molestation is a second-degree felony. In either case, if the defendant is 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.

A defendant who is younger than 18 years of age who commits an act of lewd or lascivious molestation against a victim who is at least 12 years of age but younger than 16 years old may be charged with a third-degree felony offense. If convicted, the minor defendant may be sentenced to a minimum of five years in state prison and ordered to pay a fine of up to $5,000.

LEWD OR LASCIVIOUS CONDUCT IN FLORIDA

Lewd or lascivious conduct appears to be similar to lewd or lascivious molestation at first glance. However, lewd or lascivious conduct focuses on the manner in which the defendant touched the victim whereas lewd or lascivious molestation focuses on the area in which the defendant touched the defendant.

Florida law defines lewd or lascivious conduct as intentionally touching a person who is younger than 16 years of age in a lewd or lascivious manner or soliciting a person who is younger than 16 to commit a lewd or lascivious act. An offender who is at least 18 years of age who is accused of a lewd or lascivious act may be charged with a second-degree state level felony. If convicted, the defendant may be sentenced to a maximum of 15 years in prison and required to pay a fine of up to $10,000. If the offender is less than 18 years of age, the offense is a third-degree felony, which has a maximum penalty of up to five years in prison and a fine of up to $5,000.

LEWD OR LASCIVIOUS EXHIBITION

The state’s lewd or lascivious exhibition law makes it necessary to thoroughly verify who is in your surroundings when engaging in sexual conduct. Florida law defines lewd or lascivious exhibition as intentionally masturbating, exposing the genitals in a lewd or lascivious manner, or committing any 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 that involves sexual activity in the presence of anyone who is less than 16 years of age.

If the offender is 18 years of age or older, lewd or lascivious exhibition is a second-degree felony. 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. If the defendant is less than 18 years of age, lewd or lascivious exhibition is a third-degree felony, which has a maximum sentence of up to five years in state prison and a fine of up to $5,000.

Getting charged with lewd or lascivious exhibition in The Hammocks can happen more easily than you may think. For example, someone who is walking out of the shower past a window in a state of undress or engaging in sexual conduct in front of a window at a time when school children are walking by the window may be charged. Even making an obscene or sexual gesture that simulates a sex act while in the presence of a minor may be charged as lewd or lascivious exhibition.

LEWD OR LASCIVIOUS CRIMES WHEN THE VICTIM IS NOT A MINOR

You can be charged and convicted for a lewd and lascivious offense even if the victim is not younger than 16. Florida’s statute against lewd or lascivious acts generally prohibits the commission of any unnatural and lascivious act with another person. The offense is a second-degree misdemeanor. If convicted, the defendant may be sentenced to up to 60 days in jail and ordered to pay a fine of up to $500.

Florida law also has its own version of an indecent exposure law. A defendant may be convicted for exposure of sexual organs if he or she exposes, in a lewd or lascivious manner, his or her sexual organs in public or on the private premises of someone else or so close to someone else’s premises as to be seen from the private premises. A first-time conviction for exposure of sexual organs is a first-degree misdemeanor. If convicted, the defendant may be sentenced to up to one year in jail and ordered to pay a fine of up to $1,000. Individuals who have previously been convicted for exposure of the sexual organs may be charged with a third-degree felony, which has a maximum sentence of up to five years in prison and a fine of up to $5,000.

Defense lawyer for sex crimes in The Hammocks

Joffe Law specializes in handling sex crimes cases in the Hammocks. If you have been accused of a sex offense, the first thing you should do is reach out to a reputable criminal defense lawyer in the Hammocks who is thoroughly familiar with Florida sex crimes cases. Contact David Joffe’s team to request a case evaluation.