Sexual Assault Lawyers in Jacksonville, Florida (FL)
Jacksonville Capital Sexual Assault Attorneys
How to Defend or Get Out of a Sexual Assault Charge Case in Jacksonville, Florida (FL)
The State of Florida defines "Sexual Assault" as the act of forcing unwanted oral, anal, or vaginal penetration by the sexual organ of another person without their consent. Sexual Assault is charged a felony criminal offense in the State of Florida. If you or a loved one is facing sexual assault charges in Jacksonville, Florida, you need to retain the aggressive sexual assault defense attorneys at Musca Law. With more than a century of shared legal experience, our legal professionals have the knowledge and resources to fight your charges. Our Jacksonville sexual assault defense attorneys will pursue the best possible defense and outcome in your criminal case, and we will not back down from even the most aggressive prosecutors.
Call (904) 610-6545 to speak with our skilled sexual assault lawyers in Jacksonville, Florida, to begin your free case evaluation.
Types of Sexual Assault Charges and Cases in Jacksonville, Florida (FL)
Sexual assault can occur in several forms. The consequences and penalties if found guilty will vary depending on the facts and circumstances of a crime. For example, if a minor was sexually assaulted by an adult, the penalties are much more severe.
The following are examples of sexual assault:
- Any non-consensual, forced sexual activity.
- Uninvited and inappropriate touching.
- Uninvited kissing, fondling, exposing genitalia, voyeurism, and exhibitionism.
- Willful exposure of pornography to a minor.
- Suggestive, sexual statements or demands from a child or adult.
- Manipulating unwanted sex from a position of trust
- Forms of sexual harassment.
A minor's consent in any of the aforementioned situations is not a plausible defense. These types of sex offenses are aggressively prosecuted by law enforcement and state prosecuting attorney and may result in lifelong consequences, especially should you or a loved one be charged and convicted as a repeat sexual assault offender.
Aggravated Sexual Battery Charges in Jacksonville, Florida (FL)
Sexual Battery is the crime of sexual assault committed with one or more of the additional conditions:
- The sexual battery victim was physically incapacitated.
- The sexual battery victim was unconscious due to their own actions (highly intoxicated).
- The sexual battery victim was threatened into submitting to the sexual act by way of force, coercion, brutality, or fear that they will suffer serious personal harm unless they comply with the perpetrator's sexual demands.
- The sexual battery victim is compelled into obedience by threats of revenge against the victim, the victim's family, or some other person, and the victim believes the offender has the ability to carry out the threat at some later time.
- The sexual battery victim is sedated without their awareness or their permission, leaving the victim defenseless.
- The sexual battery victim was assaulted, particularly because the victim has a mental disability.
- The offender holds a position of power over the victim. For example, the offender is a probation officer, an officer in a correctional institution, a law enforcement officer or any other person the victim understandably believed was in power.
Sexual Battery on a Child Under 12 Charges in Jacksonville, Florida
The crime of "Sexual Battery on a Child Under 12" occurs when a person over the age of 12 has vaginal, oral, or anal contact in any form with a child who is younger than the age of twelve. In Florida, children cannot give consent to engage in sexual activity under any circumstance.
Capital Sexual Battery Charge in Jacksonville, Florida (FL)
If you or a loved one are convicted of capital sexual battery in the State of Florida, the prison sentence ranges from life imprisonment without parole to death by lethal injection or electrocution.
Possible Defenses for Capital Sexual Battery Charges
An experienced sexual battery attorney in Jacksonville, Florida, can thoroughly investigate your case and fight to have your sexual battery charges reduced or even dismissed.
In some cases, the following may be used in your defense:
- Constitutional rights violations
- False testimony
- Language barriers
- Misconduct by law enforcement
Capital Sexual Battery cases almost always rely entirely on the testimony of the victim. There are many documented cases in which a vindictive parent or guardian coerces children into making false accusations or falsely testifying against the accused at trial. Additionally, children usually do not remember situations as they occurred and often times forget specific details over time. Our attorneys have successfully fought for clients who had family members such as children, spouses, parents, or siblings who falsified their testimony due to a family member's pressure or because of an overzealous prosecution.
Penalties for Sexual Assault Charges in Jacksonville, Florida (FL)
Sexual assault crimes are always felony criminal charges punished with prison, fines, and mandatory sex offender registration. Indirect penalties could also include damaged reputation, difficulty finding employment, difficulty finding housing, and more.
Pursuant to Florida Statutes Section 775.082, it provides an overview of the sentencing guidelines in Florida sex crime cases. The specific penalty imposed will depend on whether the sex crime is a felony or a misdemeanor. For those defendants convicted of engaging in sexual activities with a minor that resulted in bodily injury or death, they could be sentenced to life imprisonment without parole or even the death penalty. Following a sex offender's term in prison, he or she will be subject to probation for a certain time period, depending on which crime they were convicted of.
The possible penalties for a sexual assault conviction include:
- A minimum second-degree felony charge on the defendant's criminal record.
- 10 -15 years of prison.
- Up to $10,000 in monetary fines.
- Mandatory sex offender registration.
In order to fight against these sexual assault charges, it is essential that you retain a skilled Florida sexual assault attorney from Musca Law.
Additional Repercussions Associated with a Sex Crime in Jacksonville, Florida
Regardless of the events, once somebody is adjudged of any sex crime, he or she is stigmatized as a sex offender for life. This can be devastating when the accused is innocent of the crime of which they have been accused or convicted. In addition to probation, hefty fines, and imprisonment, there are many additional consequences that a sex offender will face, which include:
- Bias, Public ridicule, Prejudice, Social Stigma, and Intolerance – Once someone has been convicted and registered as a sex offender, family member, friends, acquaintances, colleagues, and the public often view a sex offender as a threat or, at the very least, an outcast of society.
- Decreased Privacy – In Florida, as in all other U.S: states, sex offenders are required to register as a sex offender, and their information, including where they live, is public record and is listed in the Florida online sex offender registry. The Florida sex offender registry is designed to keep an eye on past offenders. A sex offender's privacy is significantly limited.
- Employment Restrictions – Florida does restrict where a registered sex offender can work. For example, he or she will not be permitted to occupy a position of power over another individual (such as a lawyer, doctor, or law enforcement officer). Moreover, he or she will be restricted from working near schools, spas, salons, and clothing stores.
- Loss of Child Custody – If a person is convicted of a sex crime or has been found to be registered as a sex offender, he or she could lose custody of their children if the other parent deems the sex offender to be a danger to their own children.
- Loss of Internet Access - Under the Florida Sexual Predators Act, sex offenders are required to register on Florida's sex offender registry database, and the offender may be prevented from having and using the Internet.
- Residency Restrictions – Registered sex offenders, often have difficulty finding housing arrangements that meet their personal needs. Most states impose restrictions on where a sex offender is permitted to live. For example, sex offenders cannot live within a certain distance of schools, playgrounds, daycare centers, and parks.
- Sex Offender Registration – The original intent of the sex offender registry was for federal use, but states like Florida have their own database to keep track of registered sex offenders. Pursuant to the Florida Sexual Predators Act, the purpose of a sex offender registry is to prevent sex offenders from committing additional acts of sex crimes or sexual violence. Moreover, the law notifies the public of a sex offender.
The penalties and punishments for committing sexual assault are severe and could result in the accused's execution or life in prison. Moreover, the mere accusation of capital sexual battery or assault is enough to destroy your professional relationships, your personal life, and your reputation for a lifetime. This is why you must speak to and retain an aggressive and hardworking Jacksonville sexual battery attorney from Musca Law. We understand what is at stake for you, and we will fight aggressively for your legal rights and to protect your freedoms.
Our Jacksonville Sexual Assault and Battery Charge Lawyers Defend Your Freedom and Privacy Rights
The State of Florida is required to prove every aspect of the sexual assault charges against a defendant. All defendants retain the right of "innocent until proven guilty," regardless of what criminal charges are filed against the accused.
If you or a loved one are accused of a crime, the sooner you get in touch with our criminal defense attorneys at our Jacksonville office, the sooner our team can begin strategizing and building the strongest possible defense for your case.
If law enforcement and State attorneys have a particularly strong case against you or your loved one, Musca Law will work tirelessly to either stop a conviction for the sex crime charges or, if it becomes necessary, fight for the minimum sentence to an offense that will not require you to register as a sex offender.
Musca Law: Aggressive Advocates for Our Clients Accused of Sexual Assault Crimes in Jacksonville, Florida
If you or a family member have been accused of a sex crime in Jacksonville, Florida, speak with one of our Jacksonville Sex Crime Defense Attorneys. Together, our attorneys have over 150 years of combined criminal defense experience. Our trial attorneys represent those accused of the most serious criminal offenses, including murder and sex crimes.
Many of our attorneys have received top national honors such as:
• Listed on The National Trial Lawyers – Top 100 Trial Lawyers;
• 2012 Florida Super Lawyers® for criminal defense representation; and
• Have a Perfect 10.0 Superb AVVO.com rating.
Our attorneys are diligent, dedicated, and tenacious about our representation of our clients. Our lawyers strive to uncover every weakness in the government's cases and to construct the best defense strategy. Musca Law's record of success both out of the courtroom and inside the courtroom speaks for itself. Do not wait to contact us, as your freedom and livelihood are at stake. Call (904) 610-6545 anytime, 24/7, for experienced legal advice from a Jacksonville Sexual Battery Lawyer from Musca Law!
A conviction can carry with it heavy, life-altering consequences. Don't risk your future. Reach out to a Jacksonville defense lawyer as soon as possible to protect your name and reputation.
Our lines are open 24/7. Call Musca Law today at (904) 610-6545.
Jacksonville Office Location
630 W Adams St #205
Jacksonville, FL 32204
88HM+PM Downtown, Jacksonville, FL, United States