Punta Gorda Sex Crime Defense Lawyers
At Foley & Wilson Law Firm, our experienced team of former prosecutors brings over 45 years of expertise in the criminal justice system to defend clients facing serious allegations, including providing professional, dignified, and highly skilled representation to individuals accused of sex crimes. Our commitment is to deliver the best possible defense, ensuring every client receives the respect and legal support they deserve. Let us help you get the best outcome available even under the most difficult circumstances. Contact our experienced Punta Gorda sex crime defense lawyers today.
Understanding Sex Crimes Under Florida Law
Sex crimes in Florida carry severe penalties and long-term consequences, including mandatory registration as a sex offender. Florida has many different sex crimes on the books, and in each case, the prosecutor bears the burden of proving the elements of the offense charged beyond a reasonable doubt. In your defense, your attorney can challenge the prosecution’s case, ensure you are treated fairly, and seek a favorable result. Below, we outline key offenses, their statutory elements, and the classification of each crime.
Child Pornography
Florida Statutes: 847.001, 847.0135, 847.0138, and 827.071
- Elements: Possessing, distributing, or creating child pornography, defined as any image or video involving a minor (under 18) engaged in sexual conduct.
- Classification: Felony
- 847.001 and 847.0135: Third-degree felony
- 847.0138: First-degree felony for certain activities such as promoting or transmitting child pornography
- 827.071: Varies from second-degree to third-degree felony based on the conduct involved
Indecent Exposure
Florida Statutes: 800.03 and 800.04
- Elements: Willful exposure of one’s genitals in a public place, or in a manner that is offensive or alarming to others.
- Classification: Misdemeanor or felony
- 800.03: First-degree misdemeanor
- 800.04 (if involving minors): Felony (varies from second-degree to third-degree)
Lewd and Lascivious Molestation (Child Molestation)
Florida Statutes: 800.04
- Elements: Touching a child under 16 years of age in a lewd or lascivious manner.
- Classification: Felony
- Under 12 years: Life felony
- 12-16 years: Second-degree felony
Sexual Battery (Rape)
Florida Statutes: 794.011
- Elements: Non-consensual oral, anal, or vaginal penetration by or union with the sexual organ of another or by any object.
- Classification: Felony
- Without force or violence: Second-degree felony
- With force, violence, or threats: First-degree felony
Solicitation of Prostitution
Florida Statutes: 796.07
- Elements: Soliciting, inducing, enticing, or procuring another person to commit prostitution.
- Classification: Misdemeanor or felony
- First offense: Second-degree misdemeanor
- Subsequent offenses: First-degree misdemeanor or third-degree felony
Statutory Rape
Florida Statutes: 794.05
- Elements: Engaging in sexual activity with a person 16 or 17 years of age by an individual 24 years or older.
- Classification: Second-degree felony
Traveling to Meet a Minor
Florida Statutes: 847.0135
- Elements: Traveling any distance within, to, or from Florida to engage in illegal sexual conduct with a minor after using an electronic device to lure the minor.
- Classification: Second-degree felony
Defenses to Sex Crimes in Punta Gorda
At Foley & Wilson Law Firm, we employ a variety of defenses tailored to the specifics of each case. Common defenses that may be available include:
- False Accusations: Demonstrating the allegations are untrue, often requiring a thorough investigation and evidence to support the claim.
- Lack of Intent: Proving that the defendant did not have the intent to commit the alleged crime.
- Consent: In cases involving adults, establishing that the alleged victim consented to the sexual activity.
- Mistaken Identity: Showing that the defendant was wrongly identified as the perpetrator.
- Entrapment: Arguing that law enforcement induced the defendant to commit a crime they would not have otherwise committed.
Sex Offender Registration Requirements
Under Florida Statutes 775.21 and 943.0435, individuals convicted of certain sex crimes must register as sex offenders. The requirements include:
- Initial Registration: Within 48 hours of release from incarceration or within 48 hours of establishing residence in Florida.
- Information Provided: Name, address, place of employment, vehicle information, and more.
- Duration: Lifetime registration for most offenses, with periodic renewals and updates required.
Failing to register as a sex offender is a serious offense under Florida law, classified as a third-degree felony. Consequences include additional legal penalties and potential incarceration.
Contact Foley & Wilson Law Firm
Facing a sex crime charge in Punta Gorda is daunting, but you don’t have to navigate it alone. At Foley & Wilson Law Firm, we are dedicated to providing the highest level of defense to protect your rights and future. Contact us today for a confidential consultation. Let our expertise and commitment work for you.
