Boca Raton Sex Crime Defense
Boca Raton sex crime defense attorneys at Musca Law are always standing by to represent you in a court of law. Of all the various types of criminal offenses in Florida, sex crimes are perhaps the most aggressively examined and heavily prosecuted, so defendants who have been accused of these sorts of crimes are urged to obtain a thorough knowledge of the details of their offense and to consider retaining legal representation before their case goes to trial.
Registering as a Sex Offender in Florida
The state of Florida legally requires all sex offenders and sexual predators to abide by numerous sex offender registration requirements, including:
- Arriving in person to the sheriff’s office to file within 48 hours of either
- Establishing a temporary or permanent residence in the state of Florida
- Being released from jail or prison
- Physically going to register at a local branch of the Department of Highway Safety and Motor Vehicles within 48 hours of initial registration with the sheriff’s office
- Physically showing up to the sheriff’s office to re-register in the following circumstances:
- Twice annually as legally required for all sex offenders
- Four times annually as legally required for all sexual predators, special case sex offenders, as well as all juvenile sexual offenders
- Once every 30 days for any sex offender or sexual predator who has only provided information for a transient residence
- Reporting any new or changed information like a new address, phone number, place of employment etc. since the last time you registered.
Penalties for Failing to Register
Forgetting to register yourself as a sex offender or a sexual predator is tried as a third-degree felony which is punishable by as long as five years in state prison, five years of supervised probation, and a fine of as much as $5,000.
According to Florida’s Criminal Punishment Code, failing to register yourself as a sex offender or a sexual predator for any reason is rated as a Level 7 crime and, even with no prior criminal record, the judge would be forced to sentence anyone who has been convicted of failure to register to a minimum prison sentence of 21 months.
While a charge of indecent exposure is not classified as a violent crime, it is still a sexually based crime that calls for serious penalties if you are convicted. Circumstances such as where you were or who you were with when the incident took place could result in you being charged with a felony instead of a misdemeanor, which would normally be the case. For instance, while indecent exposure would typically be a first-degree misdemeanor, participating in specific kinds of lewd behavior in the company of children under the age of 16 will lead to you being charged with a felony instead.
The severity of the charges notwithstanding, you are going to be looking at sentencing such as:
- Exorbitant fines
- Lengthy jail time
- Court-supervised probation
- Extensive community service hours that must be documented
As with practically any sex crime, indecent exposure will also require you to register yourself as a sexual offender. More often than not, this punishment will have permanent negative repercussions on the accused person’s life. Registration as a sex offender will automatically exclude you from many kinds of employment and will also prevent you from living in certain areas.
What Constitutes Indecent Exposure?
Typically, charges of indecent exposure are vague because they involve a person stating to police that they witnessed something and that’s all there is to it.
In order for your supposed actions to be considered a sex crime worthy of misdemeanor indecent exposure, these elements of the offense would have to be able to be shown in a court of law:
- You displayed your sexual organs
- This display happened in a public place or was evident from a private location
- You attempted to commit such a display in a lewd, lascivious, indecent, or vulgar manner
- You actually committed such a display in a lewd, lascivious, indecent, or vulgar manner
You should be fully cognizant of the fact that the prosecution has been gathering evidence against you from the time you were arrested in order to create a case against you. If you intend to dispute their claims, you will need to begin creating a case of your own. Instead of attempting to create a defense all on your own and hazard major mistakes, hire a Boca Raton criminal defense attorney who has experience in trying indecent exposure cases.
Sexual Battery/Rape in Florida
The state of Florida defines sexual battery, also known as rape, as “anal, oral, or vaginal penetration, or union with the sexual organ of another, or anal or vaginal penetration of another by any object.” There are many diverse acts that fall under this law, including but not limited to:
- Sexual battery perpetrated against a child who is under 12 years of age, in which the child’s sexual organs are injured. Punishable by life in state prison
- Sexual battery perpetrated against a child who is under 12 years of age by an offender who is under 18 years of age, in which the child’s sexual organs are injured. Punishable by life in state prison
- Sexual battery perpetrated against a victim who is 12 years of age or older without the victim’s permission, through an act or threat of physical force that would cause serious injury to the victim or threats of using a lethal weapon. Punishable by life in state prison.
- Sexual battery perpetrated against a victim who is 12 years of age or older when the victim is unable to resist, or through threats of violence, force, or vengeance – a first-degree felony
- Sexual battery perpetrated against a victim who is 12 years of age or older when the offender, without awareness or permission from the victim, gives or has any knowledge that someone else has given the victim any type of anesthetic, narcotic, or another intoxicating drug that renders the victim disabled – a first-degree felony
- Sexual battery perpetrated against a victim who is 12 years of age or older that is physically disabled, unconscious, passed out or drugged. Punishable by life in prison.
- Sexual battery perpetrated against a victim who is 12 years of age or older, without the victim’s permission and in absence of the use of violence, force, or threats – a second-degree felony
Life felonies are punishable by anywhere from 30 years to life in state prison and a maximum fine of as much as $15,000. First-degree felonies are punishable by anywhere from 30 years to life in state prison, and a maximum fine of as much as $10,000. Second-degree felonies are punishable by as long as 15 years in state prison and a maximum fine of as much as $10,000.
A conviction of sexual battery will have life-changing results which include your mandatory registration as a sex offender. No matter what the particular details of your case involve, Musca Law sex crimes defense attorneys are in your corner. We are here to defend your rights as they are listed under the constitutions of both Florida and the United States. Our aim is to efficiently offer reasonable doubt to the essential people involved in your case like the jury and the judge in order to obtain the best achievable result.
Unless the state of Florida can prove every aspect of the charges against you, you still retain the right of “innocent until proven guilty,” no matter what the charges against you might be. Our legal team here at Musca Law is able to thoroughly examine any evidence against you and to debate the charges that you are currently facing. If the court happens to have an especially strong case against you, we will work hard in order to either stop a conviction for a sex crime or, if it becomes needed, contend for the minimum sentence to an offense that does not require you to register as a sex offender
It is perfectly understandable for you to be worried or even completely frightened if you or someone you love has been arrested and charged with any kind of sex crime. There will be ample opportunities and plans, however, for challenging the case brought against you. Make sure that you get in contact with our Boca Raton sex crime defense attorneys today so that we may review your case and discuss your legal options in a free consultation.
Sexual Battery Likely to Cause Serious Personal Injury
Sexual battery that is likely to cause serious personal injury is defined as a person having non-consensual anal, oral, or vaginal contact with another person as the effect of their use of any type of physical force that can reasonably be expected to result in a severe personal injury.
Sexual Battery With a Deadly Weapon
Sexual battery with a deadly weapon has taken place when someone has non-consensual oral, vaginal, or anal contact with someone else as the consequence of the threatened or actual use of a deadly weapon.
Sex crime cases are especially difficult to try because, in most of the cases, the alleged victim and the alleged offender are really the only two people who know for absolutely sure what really transpired during the event being called into question. In addition to that, there is no shortage of the type of person who would use this malicious style of finger-pointing and these damning accusations as their personal weapons.
Allegations of sexual misconduct, even when they are 100% untrue, can easily be used to gain an edge in a case for the custody of a child, and are often even used as retaliation for a simple case of hurt feelings. Once these statements have been made, however, it can oftentimes be almost impossible for the wrongly accused person to ever completely redeem their once good standing in society.
Prostitution Laws in Florida
According to laws in the state of Florida, prostitution is legally defined as the receiving or giving of one’s body for sexual exploits in exchange for the compensation of either money or favors. Under these laws, in Florida it is unlawful to partake in any of the following:
- Direct, transport, take, or agree to direct, to transport, or to take any person, with the understanding or reason to believe that this activity is so that prostitution can take place
- To offer to engage in, to commit, or to commit to engaging in the act of prostitution
- To entice, lure, solicit, or induce another person to engage in the act of prostitution.
- To enter, live in, or reside in a building or other structure for the purpose of engaging in the act of prostitution
Under Florida’s prostitution laws, it is also unlawful to:
- Own, operate, or maintain any building or other structure for the purposes of using it for prostitution
- Offer, or agree to obtain another for the purpose of engaging in the act of prostitution
- Receive, or agree to receive any person into any building or other structure for the purpose of engaging in the act of prostitution
- To purchase the services of someone so that you may engage in the act of prostitution
Penalties for Prostitution
- First Offense - A second-degree misdemeanor that is punishable by as long as 60 days in county jail and a fine of as much as $500
- Second Offense - A first-degree misdemeanor that is punishable by as long as one year in county jail and a fine of as much as $1,000
- Third Offense - A third-degree felony that is punishable by as long as five years in state prison and a fine of as much as $5,000
If you or someone you love has been arrested and charged with any kind of sexual crime in Boca Raton, Florida, the actions that you take to protect yourself can impact the rest of your life. Sex crime charges of any sort must be challenged with the help and guidance of a skillful and qualified sex crimes defense attorney. The type of attorney who will protect your freedom and have your back throughout the entire case. Don’t hesitate to call our Boca Raton office today in order to schedule a free, no-obligation, and completely confidential case consultation with one of our experienced defense attorneys.