Miami Sex Crime Lawyers
Sex Crimes Defense Attorneys in Miami, Florida, FL
The term “sex crimes” is used to describe a wide range of offenses, including everything from sexual assault and possession of child pornography to prostitution and indecent exposure. Although these crimes fall under the broad category of sex crimes, they all require proof of different elements. Furthermore, defendants accused of specific crimes are not permitted to raise certain defenses. For these reasons, navigating this area of the law can be extremely difficult, making it especially important for those who have been accused of a sex crime, to speak with an experienced Miami sex crime defense attorney who can help them formulate a defense.
To learn how a Miami criminal defense attorney can help you, call us 24/7 at (305) 203-0333 to schedule a free, confidential, no-obligation consultation. Contact Musca Law 24/7 at to discuss your legal rights and to weigh all of your options. You can also visit us at our local Miami law office located at 7950 NW 53rd St Suite 337, Miami, FL, 33166.
How to Beat a Sex Crime Charge in Miami, Orange County, Florida, FL
At Musca Law, we rigorously defend clients who have been accused of all criminal charges. Our attorneys fight hard to win an acquittal in all types of sex offenses. That is what our firm does, and our results and client reviews speak for themselves. In Florida, crimes involving illegal sexual activities are prosecuted and punished almost as harshly as murder.
When someone is accused of perpetrating a sex crime in the state of Florida, and he or she agrees to cooperate with law enforcement without the assistance of a Florida sex crimes defense attorney, the defendant is destroying their ability to defend themselves against their criminal charges successfully. Sex crimes defendants are penalized with lengthy prison time, costly monetary fines, lifetime public humiliation for being on the sexual predator registration, long probationary periods, and much more. If you or a loved one are charged with a sex crime, you cannot afford to “go it alone” or put your faith and trust into an underpaid, overworked public defender.
In our criminal-only law practice, we have seen the lengths to which law enforcement detectives and prosecutors go to advance their professions to secure a conviction. Musca Law, we will develop the best possible defense strategy in your case. Contact Musca Law 24/7 at (305) 203-0333 to discuss your legal rights and to weigh all of your options. You can also visit us at our local Miami law office located at 7950 NW 53rd St Suite 337, Miami, FL, 33166.
Our Areas of Practice
Always keep in mind that those accused of a sex crime are innocent until proven guilty. Most defendants feel desperate and helpless, and they think that the odds are stacked against them. Although sex crimes are aggressively prosecuted in Florida, the prosecution has the burden of proof to obtain a conviction, and there are several avenues in which an experienced criminal defense attorney can create a reasonable doubt in the minds of a jury. An individual who is convicted of committing a sex crime will face imprisonment but will suffer further consequences such as loss of reputation, social stigma, lengthy probation, public scorn, a loss of privacy, long probation, and a lifetime of being labeled a sex offender.
Musca Law, our experienced Miami sex crime defense lawyers, aggressively represent defendants in all types of criminal charges, including, but not limited to:
- Aggravated sexual battery,
- Aggravated sexual assault,
- Child molestation,
- Child pornography,
- Child sex crimes,
- Statutory rape,
- Sexual battery,
- Sexual assault,
- Lewd, wanton, or lascivious acts,
- Human sex trafficking,
- Sexual offender registration offenses,
- Indecent exposure, and
When someone is being interviewed by law enforcement, or has been charged with a sex crime, or is convicted of a sex crime, they often irreparable scorn and public humiliation. However, a defendant in a sex crime case is afforded the same constitutional rights provided to individuals facing other charges. In fact, a Sex Crimes defendant is entitled to a lawyer to represent their version of the events, and this is essential in a criminal case such as those involving a sex crime because these criminal matters are heavily prosecuted in Miami, Florida.
If you or a loved one have been accused of committing any type of sex crime in Miami, Florida, you should contact one of the skilled Miami sex crimes defense attorneys at Musca Law to understand your legal rights and to consider your legal options, and develop the best possible defense in your case. You can contact Musca Law 24 seven at 407-863-4834 to receive a free and confidential case evaluation. You may also visit our local Miami office located at 3708 S. John Young Parkway, Suite D, Miami, FL 302839.
What is the Legal Definition of a Sex Crime in the State of Florida?
A "sex crime" is a criminal offense that also involves sexual activity. A few examples of sex crimes in Florida include:
- Child pornography,
- Child-related sex crimes,
- Dissemination or possession of obscene material,
- Failure to register as a sex offender,
- Human trafficking,
- Statutory rape, and
- Lewd, wanton, or lascivious acts.
The state of Florida inflicts the most unrelenting penalties on those found guilty of a sex crime. The punishments are handed down to a defendant on the type in the severity of the offense(s), the number of criminal charges the defendant is facing, and their criminal history.
Usually, the penalties that are handed down during the punishment phase of a sex crimes trial could include:
- Mandatory mental health treatment,
- Monetary fines,
- Lengthy probation,
- Sex offender registration,
- Community service,
- Indefinite confinement or house arrest.
If you or someone you love has been accused of committing a sex crime in Miami, Florida, speak with one of our experienced Miami Sex Crimes defense lawyers to understand your legal rights and weigh your legal options. You can reach our law firm 24 hours a day, seven days a week at (407) 683- 4834. You may also visit us at our local office located at 3708 S. John Young Parkway, Suite D, Miami, FL 302839.
Undercover "Sex Sting" Operations in Miami, Florida (FL)
In Miami, law enforcement routinely employs undercover "sex sting" operations to lure adults into illicit sexual encounters and to infiltrate organizations they think are involved in human trafficking, prostitution rings, and street-level sexual behavior. Accordingly, several innocent people have found themselves at the center of an undercover sting conducted by law enforcement.
There are many circumstances in which law enforcement officers may conduct undercover sex sting operations. For example, law enforcement officers frequently pose as children and attempt to provoke chats with alleged offenders online. A female officer might pretend to be a prostitute to entice "Johns" as part of an online prostitution sting operation. Additionally, law enforcement officers post deceptive advertisements online to persuade people to solicit the services of a prostitute or to transmit child pornography.
Individuals accused of a sex crime in Florida and were caught in a sting operation may be able to mount a legal defense asserting that they were entrapped by law enforcement, which is oftentimes a violation of an individual's right to Due Process. According to Florida Statute Section 777.201, the elements of entrapment are defined. That statute defines entrapment as occurring when "[a] law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a significant risk that such crime will be committed by a person other than one who is ready to commit it."
In a Florida entrapment case, a defendant's best shot at beating the charge shows that the only reason they engaged in the sex crime was that law enforcement attempted to carry out an entrapment. An acquittal results when the defendant is able to satisfy the preponderance of the evidence standard in proving that they were entrapped by law enforcement.
The ultimate judgment is left to the trier of fact, who may be a judge or a jury.
The Stages of a Sex Crime Trial in Miami, Florida, FL
A criminal case is made up of many different phases, and the defendant will go through each and every step. Each and every step in the criminal case has the potential to completely change the rest of your life, for the better or for the worst, and this depends on how effectively every step of the case was handled or whether the defendant had an experienced criminal attorney or not. Our sex crimes defense attorneys in Miami, Florida, understand each step in the criminal justice court system as well as the opportunities that exist to challenge your criminal charges, and our legal professionals will guide you and work to gain the most favorable results in your case. The typical stages of a criminal case include:
The Arraignment - Our Miami criminal defense firm will produce and file a "Notice of Appearance" document with the court on your behalf. This document, along with your "not guilty" plea, you would not be required to attend the arraignment in most cases.
The Preliminary Hearing - The subsequent step in a criminal case is named the preliminary hearing. This hearing happens before formal criminal charges are filed against the alleged offender. There are two types of preliminary hearings. The first type of preliminary hearing is called the adversarial hearing. In an adversarial hearing, the evidence and supplementary facts are gathered and presented to prevent criminal charges from being filed against the accused. To have an adversarial hearing and fight the criminal charges, your sex crime defense attorney is required to file a request for an "Adversarial Hearing" within 21 days of your arrest. This is one of the many reasons why you must retain a sex crimes defense attorney as soon as possible in your case. The other type of preliminary hearing is known as a bond hearing. At the bond hearing, the defendant's bail bond will be set during this preliminary hearing.
Pretrial Motions - Pretrial motions are the next step in the criminal case. The purpose of pretrial motions is to collect information so that your sex crimes attorney may be granted it did at dismissal in your sex crimes case, negotiate a plea deal on your behalf, or negotiate lesser punishments with the prosecuting attorney.
Discovery - Discovery is the step in which your sex crime defense attorney will obtain copies of the evidence against you. These items might include videos, witness statements, lab results, and more. Your Miami sex crime lawyer will carefully examine all of this evidence to properly prepare your defense strategy and ensure favorable results in your sex crimes case.
Pretrial or Case Management - Following the discovery stage in the criminal case, all of the pretrial motions will be filed with the court, and all-important deadlines will be put into motion. At this time, the trial date will be established.
Pretrial Motions - Pretrial motions are an essential and valuable part of developing your criminal defense and might help you negotiate a favorable deal with the prosecution. You must understand that the prosecution is required to prove "beyond a reasonable doubt" that you committed the criminal offense that you are being accused of committing. Oftentimes law enforcement officers make tactical errors or procedural while they conduct their criminal investigations. Your sex crime defense attorney will meticulously review the evidence for any procedural errors or omissions that might weaken the prosecution's case against you. Your sex crimes defense attorney will examine the facts and circumstances centered around your arrest and also evaluate the methods that were followed to see if the investigators met all of their legal obligations or not. When errors are discovered, an acquittal becomes a more likely possibility.
Plea Bargains or Trial - Subsequent all of the relative motions have been filed, and the criminal justice court judge has issued their rulings, the next step is in the criminal case is to enter a plea and move forward with a criminal trial. At this step, it is conceivable to enter into plea negotiations with the prosecution. Prosecutors understand that criminal trials are expensive, arduous, and lengthy for the state. In many instances, your Miami sex crimes defense attorney from Musca Law can negotiate with the prosecution to lessen the penalties. For example, your attorney may be able to negotiate to exchange hours of community service for expensive fines.
While our Miami sex crimes defense attorneys fight hard to reach a positive and favorable outcome for all of our clients, our attorneys continue to work hard to have your case dismissed and prepare for your criminal trial. Our Miami Sex Crimes Attorneys have 150+ combined years of experience defending clients in criminal trials throughout Florida. Your Florida sex crimes lawyer from Musca Law will fight hard to ensure that the entire ordeal passes quickly and as painlessly as possible.
Challenging the Credibility of the "Victim" in Florida Criminal Trials
Without a doubt, the trustworthiness of the accuser is the crux of the sex crimes case. The prosecutor will probably win a conviction as long as the jury believes the accuser's story. Sometimes several years will pass between the time of the alleged criminal acts and the time in which the accuser comes forward with the accusation. This is termed a "delayed disclosure case." In sex crimes cases, too much time has passed to preserve or collect important evidence like blood, DNA, hair, or semen. There might not be any other evidence in many delayed disclosure cases than the victim's account of what occurred.
To develop the best possible sex crime defense strategy in Florida, a careful analysis of the case's special facts and circumstances is essential. Only an experienced Florida sex crimes defense attorney who has a proven experience and a record of success will have the knowledge, experience, and determination to thoroughly investigate the criminal case and design a multitiered defense to obtain the best possible results. Each and every criminal case is unique and requires extensive experience to develop the best sex crimes defense strategy possible.
Creating doubt about the accuser's credibility is key in winning an acquittal in a Florida delayed disclosure sex crimes case. For your sex crimes defense attorney to be successful in a delayed disclosure case, a meticulous investigation must be conducted to reveal any possible motives for the victim to fabricate their story or to build a reasonable doubt in the mind of a judge or jury.
In sex crimes cases concerning accusations of date rape, many of the same legal issues that arise in delayed disclosure criminal cases also occur in date rape cases. Date rape is a criminal act comprising two or more individuals who know each other. Frequently, defense teams will not try to disprove that sexual activity occurred but attack the issue of whether or not there was consent for sexual activity. The strategy is to create a reasonable doubt resulting in an acquittal.
In Florida, children do not have the legal ability to consent to any form of sexual intercourse, even if they provide verbal consent. When an adult engages in sexual activity with a minor, this is called "statutory rape. Moreover, engaging in sexual activity with a person who is intoxicated or drugged to the point they cannot make a rational decision or consent to sex is deemed rape. In these three distinct scenarios, the key defense strategy is to focus on damaging the story or discrediting the alleged victim.
Additional Consequences and Punishments for Sex Crime Convictions
Florida sex crimes typically require those convicted of a sex crime to register as a sex offender in the Florida county where they live. An offender's obligation to be registered on the Florida sex offender registry. In one's criminal case, the presiding judge may also find that the defendant is a sexual predator, which requires additional reporting.
The Florida Sexual Predators Act has the goal of preventing sex offenders from engaging in additional acts of illegal sexual behavior. The act requires sex offenders to register and may also prevent them from using the internet. Additionally, the statute requires public notification of the sex offender.
Florida Statutes Section 775.215 states that sentenced sex offenders can be restricted as to where they are permitted to live. For example, a person who is subject to this statute must live a minimum of 1,000 feet away from a school, park, or daycare.
Miami Child Pornography Lawyer
While all sex crimes are considered serious, certain offenses, particularly those involving children, are treated especially harshly. For instance, possessing child pornography in Miami is a felony offense that can result in a decades-long prison sentence, hefty fines, and social stigmas. Because the stakes are so high in this type of case, it is important for those who have been accused of this, or a similar offense, to have a thorough understanding of statutory law. Many people, for instance, do not realize how broad the state’s definition of child pornography actually is, as Fla. Stat. §827.071(5) defines it as any image that depicts minors involved in sexual conduct. Sexual conduct is also specifically described as any of the following activities:
- Actual, simulated, or deviate sexual intercourse;
- Sexual abuse;
- Lewd exhibition;
- Physical contact with a person’s private parts; or
- Simulated or actual sexual battery.
However, even if the prosecutor is able to establish that an image satisfies this definition, he or she will still need to prove that the defendant viewed or possessed more than one image during a certain period of time, and if the images were electronic, that the defendant took affirmative action to save them or knew that they would be automatically saved.
Raising a strong defense against these types of charges is important because those who are convicted face up to five years in prison for each image, video, or photograph recovered from the defendant’s possession. Some of the most commonly raised defenses include the following:
- The images were downloaded by someone else;
- The images were on the computer when the defendant purchased it;
- The individuals depicted were not minors; or
- The images don’t satisfy the state’s definition of child pornography.
Raising these defenses usually requires the testimony of an expert forensic computer specialist who can prove how and when the images were downloaded, viewed, and saved.
Miami Lewd and Lascivious Crime Lawyer
When a crime does not fall under the definition of assault, battery, or rape, prosecutors often charge it under the state’s lewd and lascivious crime statute. This law covers a variety of offenses, including lewd and lascivious:
- Exhibition; and
Most of these laws apply specifically in cases where the victim is a minor, in which case, defendants are not permitted to argue that the victim consented to the activity. However, this defense is available to adults who are charged under this statute. For instance, when sexual activity doesn’t reach the level of severity required of a sexual battery charge, a defendant could be charged under the Miami lewd and lascivious law and would also be permitted to provide evidence of the alleged victim’s voluntary and knowing consent.
Aggravated Sexual Battery
Sexual battery is the crime of sexual assault with the added provision that it also took place under one or more of the following conditions:
- The victim is physically incapacitated
- The victim is threatened into obedience by coercion, brutality, or force that will cause serious personal harm and the victim truly believes in the offender’s ability to carry out this threat
- The victim is compelled into obedience by threats of revenge against the victim, the victim’s family, or some other person, and the victim truly believes that the offender has the ability to carry out this threatening behavior at some later time
- Without their awareness or their permission, the victim is sedated so that they are physically and/or mentally debilitated
- The victim was assaulted specifically because they were known to have a mental disability
- The victim is unconscious by their own actions, such as drinking too much
- The offender is an officer in a correctional institution, a probation officer, a law enforcement officer, or any other person who is seen as being in a place of power and/or control over the victim, or somebody whom the victim understandably thought was in a power, control or authority as a government employee or a representative thereof
Miami Solicitation Attorney
In Miami, Florida, solicitation of prostitution is defined under Fla. Stat. 796.07 as entering into a transaction with a third party where he or she is offered compensation in exchange for participation in sexual activity. Notably, a person can be charged with this offense even if the other party was not actually a sex worker, but was an undercover police officer. Similarly, once an offer is made, it doesn’t matter whether a defendant didn’t actually intend to go through with the arrangement. Unfortunately, this leaves many defendants open to prosecution after becoming the subject of a sting operation, which, although they often involve in-person transactions, also take place on the internet.
Generally treated as a misdemeanor offense, charges for soliciting a sex worker can be enhanced if the person solicited was a minor. In fact, a third party does not actually have to be a minor for a defendant to be convicted of this offense. For this reason, many defendants who are charged with soliciting a minor are the victims of sting operations, in which a law enforcement officer poses as a minor for the purpose of identifying perpetrators. Although not permitted to argue that they were unaware of the other person’s age when they were communicating with him or her, defendants are allowed to submit evidence of entrapment to avoid conviction, which requires proof that they were convinced to commit a crime by law enforcement officers that they normally would not have been predisposed to commit.
The state of Florida considers sexual assault to have taken place when the victim is made to participate in any sexual exploit or is violated in a sexual manner by the offender without the consent of the victim. There are severe legal punishments that are inflicted for this sort of assault, and those punishments grow in severity depending on the explicit details, such as the application of deadly force, or debilitation of the victim of each individual case.
As explained by Florida laws, anyone who is under the age of 18 is deemed to be incompetent in agreeing to any sexual activities. This legal judgment concerning consent means that if someone who is over the age of 18 (an adult) has completely consensual sex with a person under the age of 18 (a minor), that adult could be charged with statutory rape. Contingent on the exact age of both of the parties, the defendant could conceivably suffer financial punishments, as well as up to 15 years in state prison, and also be ordered to register as a sex offender.
Romeo and Juliet Law
Enacted in the state of Florida back in 2007, the Romeo and Juliet Law was designed to protect young couples from the severe outcomes that are associated with actual sex crimes.
The primary intent of this fairly new law is making sure that defendants who are charged with sexual battery involving consent (also referred to as statutory rape) in the event that the defendant’s age is relatively close to the minor “victim,” avoid the humiliation and stigma of being designated as a sexual predator or a sexual offender.
The principal distinction here is that the defendant must be no more than four years of age older than the minor “victim” as long as they are anywhere between 14 and 17 years of age. Therefore, if the “victim” is 15 and the defendant is 19, they will most likely meet the guidelines.
As previously stated, consent to participation in any sexual act is never a viable defense nor is pleading ignorance of the victim’s real age. Florida’s “Romeo and Juliet Defense” is a very restricted defense that is only accessible to a person who has been accused of statutory rape. The purpose of the law is to limit the amount of heavy criminal penalties against teenagers who choose to participate in consensual sex with someone who is very close to their own age.
In Florida, this defense is only applicable when the minor was between the ages of 14 and 17 and the accused was no more than 4 years older than the victim at the time the alleged criminal act took place. This particular defense might not shield the accused from the burden of legal punishments and penalties, but it could potentially prevent him or her from being legally obligated to register as a sexual offender, which would be on their record for the rest of their life. This decision is left to be decided by each individual judge.
Thanks to the Romeo and Juliet Law, a young defendant could potentially bypass a lifetime of having to meet sexual offender registration rules and regulations and having a permanent black mark on their record. If you think that your situation might be covered by Florida’s Romeo and Juliet law, then you should get in touch with a Miami sex crimes defense attorney to speak with them about the specifics of your case.
Sexual Battery Likely to Cause Serious Personal Injury
Sexual battery 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 on a Child Under 12
Sexual battery on a child under 12 has occurred when, no matter whether or not consent was given, a person who is over the age of 12 has anal, vaginal, or oral contact in any way with a child who is younger than 12 years of age.
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 in Miami is able to completely analyze any evidence against you and to dispute the charges that you are currently facing. If the court happens to have a particularly strong case against you, we will work tirelessly in order to either stop a conviction for a sex crime or, if it becomes necessary, contend for the minimum sentence to an offense that does not require you to register as a sex offender. The sooner you get in touch with our sex crimes criminal defense attorneys in our Miami, Florida office the sooner we can begin building you the strongest possible defense for your case.
It is perfectly reasonable for you to be anxious, or even completely terrified, if you or someone you love has been arrested and charged with any kind of sex crime. There will be ample opportunities and strategies, however, for challenging the case brought against you. Make sure that you get in contact with our Miami sex crime defense attorneys today so that we may review your case and discuss your legal options in a free consultation.
Sex Crimes Frequently Asked Questions - FAQs
What are the penalties for a sexual battery conviction in Florida?
The punishments for sex crimes will depend upon the facts and circumstances of the case—for example, the age of the alleged victim as well as the edge of the accused. For example, suppose a man is accused of committing sexual battery on a minor. In that case, if the child is under the age of 12, he could be charged with a "life felony. "However, if the alleged victim and the alleged perpetrator are both under the age of 18 and the victim is over the age of 12 but under the age of 16, the perpetrator, if convicted, could face a third-degree felony, which is punished with up to five years in prison and a fine of no more than $5,000, or both.
How long does a sex offender have to register as a sex offender in the state of Florida?
In the state of Florida, if you're found guilty of certain sexual offenses, you will be required to register as a sex offender in the state of Florida for the rest of your natural life.
Are sex offenders permitted to visit Disney or other theme parks in Florida?
No. Disney and other theme parks do not permit registered sex offenders into their theme parks. In addition, as a condition of parole or as a condition for being a sex offender, there are certain off-limits areas, including parks, schools, and other public places.
Do out-of-state sex offenders Who are visiting the state of Florida have to register?
If it's an extra fender from another state, it's going to be visiting Florida for more than three days. They are required to:
- Report to the local sheriff's office within 48 hours of being in Florida.
- Report to the Department of Highway Safety and Motor Vehicles with a copy of their registration form to receive a Florida identification card or driver's license.
Free Case Review - Call Musca Law 24/7 at (305) 203-0333
If you find yourself in this situation, then you would most likely benefit from getting in touch with a Miami criminal defense attorney from Musca Law as soon as possible. Your best bet for clearing your name when it comes to charges such as these is to work with a respected sex crimes defense attorney who will implement their skills and knowledge for the benefit of you and your case. To learn how a Miami criminal defense attorney can help you, call us 24/7 at (305) 203-0333 to schedule a free, confidential, no-obligation consultation. Contact Musca Law 24/7 at to discuss your legal rights and to weigh all of your options. You can also visit us at our local Miami law office located at 3708 S. John Young Parkway, Suite D, Miami, FL 302839.
Miami Office Location
7950 NW 53rd St Suite 337
RMCF+GG Miami, Florida, United States