Florida Sex Crimes Defense Attorneys
Sexual Assault - Sexual Battery - Lewd and Lascivious Act - Rape
With nine offices throughout Florida, the sex crimes defense lawyers at Musca Law defend clients charged with a sexual offense. We handle all sexual offense charges, whether in state or federal court, and whether the sex crime allegations are against children or adults.
Skilled South/Southwest Florida Sex Crimes Defense Lawyers
At Musca Law, we utilize a team approach which incorporates the knowledge and experience of attorneys with over 100 years of combined criminal defense experience. The Musca Law defense team puts the combined experience of a team of sex crime defense lawyers in your corner.
When your freedom, your reputation, and your permanent criminal record are at stake, you want our experience on your side. We can handle the defense of all sex crimes, including the following:
Sex crimes against a child or children include:
- Luring or enticing a child
- Unlawful sexual activity
- Child molestation
- Capital sexual battery
- Lewd or lascivious act
- Lewd or lascivious contact
- Lewd or lascivious fondling
- Lewd or lascivious act in the presence of a minor
- Exposure of sexual organs
- Sexual battery by a person in familial or custodial control
- Incest
- Sexual performance by a child
- Child pornography
- Computer pornography and child exploitation
- Transmission of pornography by electronic device of equipment
- Internet
- E-mail
- DVD
- CD-ROM
- Sex trafficking
- Human trafficking
- Solicitation
Adult Sex Crimes
- Sexual assault
- Sexual battery (rape or nursing home rape)
- Sexual battery on a mentally defective person
- Sexual battery on a mentally incapacitated person
- Sexual battery on a physically defective person
- Sexual battery on a physically defective person
- Voyeurism (invasion of privacy, peeping tom)
- Solicitation
- Prostitution (public lewdness)
Florida Sexual Assault, Rape and Child Pornography Defense Lawyer
Allegations of sex crimes are taken very seriously in Florida, and across the nation. With more stringent penalties being imposed, a false claim unchallenged or a single error in judgment can require you to be a lifelong member of the sex offenders' registry and database.
Before your reputation is devastated, invoke your right to an attorney and your right to remain silent. Contact me, John Musca, attorney at law, to schedule a free consultation when you are under investigation for sex crimes or if charges have been brought against you for anything from possession and distribution of child pornography to sexual assault and rape.
Aggressive Sex Crimes Defense
As an experienced criminal defense lawyer, I represent those charged with criminal sexual crimes with minors, and with other adults. In many of my cases, I have worked with first-time offenders and with repeat offenders facing charges of:
Sexual Assault
Statutory Rape
Child Pornography
Internet Solicitation
With the passage of Jessica's Law in Florida, penalties for sexual offenses involving minors have dramatically increased. For example, conviction for certain offenses can bring a sentence of life in prison with no possibility for parole.
At my firm, I limit my practice to criminal defense. As my sole focus, I am able to devote my time and effort to building compelling arguments, investigating evidence and collection procedures and moving to suppress evidence as appropriate. Handling state and federal cases and appeals, I am well versed in effective strategies for misdemeanor and felony defense and aggressive representation in and out of the courtroom.
Free Consultation
To protect your freedom, rights and reputation, contact me for skilled criminal defense for state or federal sex crimes. From offices in Naples, I represent clients in the State of Florida.
Sexual Assault
If you're facing felony charges of rape, sodomy, sexual assault, or indecent liberties with a minor, contacts my law firm in Naples for experienced and resourceful defense. I represent persons accused of charges ranging from forcible rape to sexual battery with a date or acquaintance. I also handle cases involving statutory rape, indecent liberties, and federal charges of child pornography or solicitation of sex with a minor over the Internet.
The term rape itself makes many people think of an evil stranger lurking in the bushes, awaiting the chance to prey upon an unsuspecting victim. While these cases do occur, most rape charges involve sexual contact between people who know each other or even live together.
Any kind of unwanted sexual contact, kissing, fondling, or sexual touching short of actual intercourse is a potentially serious sex offense charged as "sexual battery" or "sodomy". Rape, meanwhile, requires actual and nonconsensual vaginal penetration.
Whether you're charged with criminal sexual assault with a stranger, or instead face an accusation of coercive or aggressive sexual behavior from a date, a girlfriend, or even a spouse, I can help you. My experience with the investigation and presentation of evidence on issues of consent, resistance, or the defendant's failure to break off a sexual encounter can help defend you against these charges both before and during trial.
In cases where the defendant denies any sexual contact, as in cases of mistaken identity, DNA evidence that links the defendant to the offense is crucial to the prosecution's case against you. Any failure to secure a positive DNA match can often create the reasonable doubt necessary to compel a jury verdict of not guilty.
More complex cases arise in the date rape, acquaintance rape, or spousal rape cases where identity of the participants is not at issue, but the defendant raises the defense of consent. In these cases, superior cross-examination skills can make all the difference for the defense. Because of the critical nature of the credibility determinations that the jury is asked to resolve in these cases, it's often necessary for the defendant to consider testifying in his own defense. This decision should not be made lightly or impulsively, but only with thorough preparation for the inevitable cross-examination to follow.
In any rape or criminal sexual conduct defense, meticulous preparation and aggressive litigation are the keys to a successful outcome. To learn how I can apply these principles in your defense, contact my office in Naples for a free consultation with an experienced sexual assault lawyer.
Statutory Rape Defense - Indecent Liberties With a Minor
Unlike criminal sexual assault charges involving adults, any sexual activity involving someone under the age of 16 in the state of Florida is criminal by definition. If you're facing charges of statutory rape, Internet solicitation , or indecent liberties with a minor in Florida, even the enthusiastic participation of a "victim" under the age of 16 will get you nowhere as a defense. Contact my criminal defense law firm in Naples, Florida for specific advice about your situation.
In Florida, persons under 16 are viewed as legally incapable of consenting to sexual activity of any kind. Offenses involving sex individuals under this age are generally known as "statutory" rape because of the legal statute that defines the age of consent. Even teenagers in high school can get into a lot of trouble when one is over 16 and the other is younger.
Indecent liberties with a minor, the formal Florida term for sex with a person younger than 16, is a very serious offense and carry a presumption of a prison term under our sentencing guidelines if you are found guilty. Aggravating circumstances, such as a very young victim, physical force or coercion, or extensive or repeated sexual activity, can increase the length of a prison term.
It is very seldom an effective defense to statutory rape charges to claim that you didn't know the participant was under the age of 16, except in cases where an underage victim might have overtly and plausibly misrepresented his or her age.
Defense of statutory rape or child sexual abuse charges will usually depend on such factors as DNA testing, other physical evidence, inconsistent statements of witnesses, and the credibility and mental health of the alleged victim. The riskiest decision you can make upon learning that you may be a suspect in such a case is to voluntarily talk to the police without counsel. Resist the impulse to deny, admit, or explain anything at all. Keep your mouth firmly closed until you can talk to a lawyer.
Child Pornography Defense Attorney
Possession • Production • Distribution • Transmission
Just as Florida law prohibits sexual activity with anyone under 16, both state and federal laws prohibit the photographic or video depiction of any sexual or nude activity of any person under 18 years old. By law persons under 18 are legally incapable of consenting to nude photography or videotaping. The irony is not lost on most defense lawyers that the law deems an individual capable of voluntarily consenting to sexual intercourse at age 16, but incapable of consenting to visual depiction of that otherwise "lawful" act.
If you're under investigation or facing federal charges of child pornography, contact me at my criminal defense law firm in Naples, Florida, immediately. There is simply too much at stake to face these charges without the advice of skilled and experienced criminal defense counsel. Call my firm toll free at (800)Musca-Law for a free consultation.
Federal and State Child Pornography Penalties
If you are convicted of simple possession of child pornography at the federal level, you are facing a mandatory minimum sentence of 60 months. That's five years - no probation, no parole, no supervised release. More severe penalties are reserved for those who produce, distribute, transmit, advertise, or profit from child pornography in any medium.
At the State Level in Florida, crimes involving child pornography are prosecuted under the more general charge of Sexual Exploitation of a Minor, a Severity Level 5 Person Felony Offense with a broad guidelines sentence range of 31 to 136 months in custody, depending on your criminal history. For defendants with no criminal record, there is at least the possibility of probation at the state level. That's why it is so important to retain counsel to engage in meaningful negotiations with both the U.S. Attorney and the State District Attorney before a charging decision is made, if at all possible.
An Aggressive Attorney Will Fight for You
A seasoned defense lawyer might be able to negotiate with the U.S. Attorney to consider relinquishing the case to the District Attorney's office for prosecution at the state level, provided the U.S. Attorney is still at the "investigatory" phase of the case and has not yet secured a formal indictment against you.
Whether investigated or prosecuted at the State or Federal Level, there are many issues a seasoned and aggressive Defense Lawyer should investigate thoroughly on your behalf:
Do the images actually depict individuals under the age of 18? Many times, this issue is presumed or taken for granted by unwary or inexperienced defense lawyers.
Are the images real, simulated or "PhotoShopped?"
Is there valid and admissible forensic evidence of the alleged images on your computer?
Can the government prove that you personally used the computer to seek out and download the alleged images, or has your computer been available to others?
Were the images downloaded from a "wi-fi" location or an unsecured wireless connection at your residence or place of business? I'm sure many of us have been able to locate and log onto an unsecured wireless internet router to check our e-mail or surf the web. It is not at all uncommon for individuals seeking this type of material to literally troll through residential subdivisions in search of unsecured wireless routers in order to seek out and download these materials using an internet connection that cannot be traced to them.
These are but a few of the evidentiary issues which must be investigated thoroughly as part of an aggressive defense.
If you need practical, resourceful, and energetic representation on any state or federal criminal charge related to child pornography or for Internet solicitation of a minor which is also a very serious charge, contact John Musca (800)Musca-Law
Internet Sex Crimes Defense Attorney
Most people have seen the Dateline TV features in which law enforcement agents pretend to be underage girls in Internet chatrooms and engage in sexually explicit exchanges with adult men. These "chats" lead to arrangements for a meeting for sex, and when the unsuspecting gentleman shows up, he's arrested on camera.
Virtually identical "sting" operations are occurring nationwide - several have been successfully implemented by Federal and local law enforcement agencies right here Naples, Florida. Your arrest need not be nationally televised to present significant jeopardy to your freedom and your future. If you have been accused of engaging in sexually inappropriate electronic communications with a minor, the sooner you act, the better. Please contact my office in Naples Florida Internet solicitation defense lawyer to defend you on charges of child enticement or solicitation of a minor for sex. My understanding of the statutes, penalties, and possible defenses to these charges can make a significant difference to the ultimate resolution of your case.
Just as in child pornography possession cases, both state and Federal laws have been tightened up to defeat and invalidate prior successful defenses to Internet solicitation charges. Before the advent of new laws that specifically prohibit the mere sending of the electronic message, prosecutors proceeded under the theory of "attempted" indecent liberties with a minor. In those cases, defense counsel could raise numerous legitimate defenses associated with the issue of whether or not the Defendant had made a "significant" step toward completing the underlying offense. For example: did the Defendant actually travel to the agreed meeting location; did the Defendant intend to complete a physical sexual act; was an actual minor even involved? Now prosecutors no longer have to prove whether the defendant took any steps toward the completion of actual sexual activity with the alleged underage girl. Since the latest Florida amendments to the law in 2006, simply soliciting sexual activity via the internet from a 'purported' child under 16 may be sufficient to support prosecution and conviction.
However, that doesn't mean that all hope is lost. To the contrary, that just requires competent and aggressive Defense counsel to work harder and smarter to achieve positive results. There are still many issues to explore:
1. did the officers conducting the "sting" deliberately select an age for the fictitious minor that would statutorily enhance the applicable penalties?
2. Did the officers cross the line with regard to the chat dialogue and commit legal "entrapment" of the Defendant?
3. Does the Defendant's verbatim chat unequivocally propose sexual activity, or was the language sufficiently vague such that it did not technically violate the statute?
4. Were there any mental, emotional, or social stressors occurring in the Defendant's life at the time of the incident that could provide legitimate mitigation? These are but a few of the many issue that only the best criminal defense attorneys will thoroughly explore on their clients' behalf.
Because of the breadth of the new laws, under which a simple transcript of a chat room conversation might support a conviction in some cases, defending charges of Internet sex crimes or electronic solicitation of a minor on the facts can be very difficult. In some cases, the best result is obtained by negotiating with the prosecutor for amendment of the initial charges or for an agreement on sentencing recommendations following successful completion of a treatment program with a sexual behavior therapist or other clinical professional.
To see what the best strategy might be for defending your case, contact my criminal defense law firm for a free consultation in Naples, Florida.
For more information on sex crime accusations in general or to discuss your Florida sex crime charges, please schedule a free confidential consultation with our experienced Florida sex crimes defense lawyers by calling us at one of the phone numbers below, e-mailing us, or filling out our intake form on our Contact Us page. When your freedom is at stake, the Musca Law criminal defense team can make all the difference.
Aggressive Criminal Defense Representation
Musca Law
Florida Criminal Defense Attorneys
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