As you might expect, Florida takes the issue of sexually motivated crimes very seriously. There are strict penalties in place for those convicted of such crimes. Unfortunately, there are times when things have been blown out of proportion, or when people have made false accusations. False accusations of sexual misconduct require the assistance of a qualified and experienced criminal defense attorney.
Those who are accused of committing sex crimes are subject to not only legal consequences, but also public scorn. Also, in Florida, sex offenders must register if they have been convicted of a felony sexual offense against a minor. If you want to fight the charges and get on with your life, hiring the right criminal defense attorney near you in Palm Beach County is crucial.
West Palm Beach Sex Crime Defense Attorney
If you or someone you know has been charged with a sexual offense in West Palm Beach or the surrounding areas, a West Palm Beach sexual offense attorney from the Law Offices of Ian Goldstein can review the evidence and determine the best course of action to take. With the help of our team,, you may be able to get your charges dropped or reduced.
Having your name cleared by an attorney who is well-versed in Florida's sexual offense laws is important, and Ian Goldstein is just the man to do it. We are aware of how serious the charges are and can assist in defending you. For nearly three decades, we have defended clients against allegations of sex crimes. Have your case reviewed by a qualified a sexual assault lawyer in order to mount the best defense possible.
West Palm Beach, Fort Lauderdale, Palm Beach County, Broward County, and the rest of South Florida are all areas where Ian Goldstein regularly handles criminal cases. To schedule your no-cost initial consultation with Ian Goldstein, call (561) 600-0950.
Sex Charges in Florida
Sexual offenses can be dealt with in a number of ways under Florida law. Penalties for sex crimes range widely depending on the nature of the offense, the age of the victim, and other factors. When representing clients accused of sexual crimes, the team at the Law Offices of Ian Goldstein is sensitive to the gravity of the situation. Common sexual offenses in the Sunshine State include:
- Capital sexual battery
- Sexual Battery
- Lewd and Lascivious Acts
- Exposure of Sexual Organs
- Statutory Rape
- Luring or Enticing a Child
- Child Pornography
- Sexual Performance by a Child
- Soliciting Prostitution
- Revenge Porn
Legal Penalties for Sex Crimes in Florida
Penalties for sexual crimes in Florida depend on the nature of the offense, the victim's age, and other factors. A crime may be classified as a misdemeanor or felony depending on the circumstances. Furthermore, the repercussions and consequences, even beyond the legal penalties, can be tremendous and life-altering once one is convicted of a sexual crime. These extra consequences include damage to your reputation, trouble with employment, trouble with obtaining housing, and mandatory lifetime registration as a sex offender.
When it comes to the sanctions that could be handed down by the courts if convicted, common sentences and penalties include:
Capital Felony
- Mandatory life in prison without the possibility of parole
- Up to 15,000 fine
Life Felony
- Up to Life in Prison
- Up to $15,000 fine
First-Degree Felony
- Up to 30 years in Prison
- Up to $10,000 fine
Second-Degree Felony
- Up to 15 Years in Prison
- Up to $10,000 fine
Third-Degree Felony
- Up to 5 years in Prison
- Up to $5,000 fine
First-Degree Misdemeanor
- Up to 1 year in Jail
- Up to $1,000 fine
Second-Degree Misdemeanor
- Up to 60 Days in Jail
- Up to $500 fine
Legal Defenses to Sex Charges
The Alleged “Victim” Gave Consent
This defense can be raised if the alleged victim is of legal age and of sound mind to give consent. Because the state cannot prove sexual battery beyond a reasonable doubt if it can be shown that the accused gave informed consent to the alleged battery, the defense must argue that the state failed to meet its burden of proof. Consent of the alleged victim is not a defense in sex crimes involving minors. Similarly, it is not a defense that the defendant believed the victim was 18 years of age or older. This is true even if the alleged victim presents a driver license or other proof of age. These are strict liability crimes, and even an honest mistake is not a legal defense.
The Defendant has been Misidentified
In cases of sexual assault, the victim may not remember the assault as clearly as they believe they do. The brain's defense mechanisms are as mysterious as they are effective at shielding us from the effects of traumatic experiences. As a result, the victim might not be able to place the perpetrator in a photo or live lineup. The defense will use witnesses and DNA evidence today to show that the victim's recollection is unreliable and that the DNA does not match. While juries tend to want to believe alleged victims who identify their attacker, the truth remains that eyewitness identification is one of the least reliable forms of evidence. Familiarity with DNA and other types of evidence is crucial in defending a case of mistaken eyewitness identification.
The Defendant has a Viable Alibi
If the defendant has a plausible alibi, the court cannot find them guilty of the crime. This is because the alibi is an affirmative defense. In the alibi defense, the defendant asserts that they were present at another location with other witnesses at the time of the alleged criminal act.
False Accusation of a Sexual Offense
Either because of a true mistake, or deliberate act, false accusations of sexual misconduct are common. These false claims can have a devastating impact on the life of the falsely-accused. This could include sanctions from school or work, or serious criminal penalties. Furthermore, a false-accusation resulting in arrest for sexual battery can have a tremendously damaging impact on your reputation and personal relationships. If a jury believes the allegations, the penalties imposed will be harsh. Getting out ahead of these cases BEFORE trial, and working to show the prosecutor the flaws in their case, is one of the best strategies to defending sexual battery cases. Experience in working with expert witnesses, including DNA experts, is a necessary tool utilized by the Law Offices of Ian Goldstein in these cases.
Palm Beach Sex Crime Defense Lawyer Near Me
Contact a sex crime lawyer at the Law Offices of Ian Goldstein if you are facing sexual offense accusation in West Palm Beach or the surrounding area. Your chances of having your charges dropped or reduced increase greatly when they are handled by an experienced criminal defense attorney. Our firm has defended clients accused of sexual crimes in Florida, as well as in Federal Court, and is prepared to do the same for you. To discuss your sexual offense allegations without cost, call us at (561) 600-0950.
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