Melbourne Sex Crimes Defense Lawyer

The formal charge for “rape” is sexual battery under Florida Statute § 794.011. Sexual battery is defined as oral, anal, or vaginal penetration by, or union with, the sexual organ of another without consent, or when the victim lacks mental capacity, physical ability, or is a minor.

Brevard County sexual battery charges vary by age, use of physical force or weapon, injuries, and the specific circumstances, but if defendants are convicted of sexual battery, they face harsh penalties. A rape defense lawyer in Brevard County can provide experienced legal representation for the following sexual battery cases:

Capital Felony Sexual Battery:

• Sexual battery on a child under age 12 by a person 18 or older
• Sexual battery convictions lead to life imprisonment without the possibility of parole

Life Felony for Sexual Battery:

• Sexual battery with a deadly weapon or physical force likely to cause serious injury
• Sexual battery convictions lead to life imprisonment and fines up to $15,000

Sexual Battery (Rape) with Aggravating Factors:

• First-degree felony for sexual battery for rape involving physical force without a weapon. This can also include specific age-based sexual offenses
• Felony rape convictions are punishable by up to 30 years of prison time and $10,000 fine

If the defendant is found guilty of rape or sexual battery, they generally must register as a sexual offender and are subject to lengthy probation with strict conditions that follow incarceration.

Experienced defense attorneys focus on building criminal defense strategies for sexual battery cases by:

• challenging the physical evidence
• questioning the lack of consent using inconsistencies in the victim’s statements
• identifying false accusations, mistaken identities, constitutional violations, or inconsistencies in the prosecution’s case.

In addition, our Melbourne rape defense lawyers file motions to suppress evidence collected illegally, challenge the prosecution’s ability to sway a jury, and negotiate for reduced charges with the State Attorney’s office. Because sexual battery convictions carry harsh penalties, we build strong defenses for trials, even when not required to protect clients’ best interests.

In Florida, lewd and lascivious behavior is prosecuted under Florida Statute § 800.04. Lewd and lascivious behavior covers sexual crimes involving minors under age 16. Lewd and lascivious conduct covers multiple sexual offenses under Florida law.

Common lewd and lascivious conduct charges in Brevard County include:

Lewd Or Lascivious Battery:

• Sexual activity with a person 12-15 years old, or encouraging such acts
• Second-degree felony resulting from lewd and lascivious behavior
• Penalties for sexual battery-related lewd and lascivious behavior are 15 years of prison time/probation, and a $10,000 fine

Lewd Or Lascivious Molestation:

• Intentional touching of certain areas of a minor under 16
• Sexual offenses involving molestation can result in life felony, first-degree felony, or second-degree felony, depending on the age

Lewd Or Lascivious Conduct:

• Intentionally touching a minor under 16 in a sexual manner, or soliciting such conduct
• Lewd and lascivious conduct is a second-degree felony

Lewd Or Lascivious Exhibition

• Intentionally exposing genitals or engaging in sexual conduct in the presence of a minor under 16
• This lewd and lascivious behavior is a second-degree felony

If found guilty of lewd and lascivious conduct or behavior, the person must submit ot mandatory registration as a sexual offender. Additionally, these sex crime convictions may include mandatory minimum sentences.

Our Melbourne sex crime lawyer group has defended many individuals by:

• Challenging age verification or identity
• Disputing intent or the subjectivity of conduct
• Defending against false allegations or a lack of sexual intent
• Raising constitutional issues related to interrogation or digital evidence

In Florida, internet sex crimes are prosecuted primarily Florida Statutes § 847.0135. Internet sex crimes often arise from undercover investigations and forensic evidence collected on electronic devices.

Specific charges include:

Traveling to Meet a Minor

A person can be charged with a sex crime for traveling to meet a minor under Florida Statute § 847.0135(4). These criminal charges apply to online solicitation of minors for sexual activity, and then the accused travels or attempts to travel to meet them.

To be found guilty of this sexual offense, the prosecution’s case must show:

• Online contact with a person believed to be under the age of 18
• Intent to engage in unlawful sexual activity

This sexual offense is a second-degree felony. Penalties for sex crime convictions include up to 15 years of prison time/protabtion and a $10,000 fine. If convicted of traveling to meet a minor charges in Brevard County, if the child is believed to be under the age of 14 or if aggravating factors apply, the prosecution may pursue other criminal charges in addition and file for enhanced penalties. A Melbourne sex crime lawyer defends such accusations by reviewing evidence collected and challenging prosecutors on intent, identity, entrapment, and procedural issues.

Transmission Of Harmful Material To A Minor

These sex crime cases fall under Florida Statutes § 847.0138. These sex offenses don’t arise from physical sexual assault but from sending sexual images or explicit content to a child. This sexual offense is a third-degree felony. When the prosecution is able to prove guilt, the accused faces up to 5 years of prison time and a $5,000 fine.

Child pornography offenses are governed primarily by Florida Statute § 827.071. These laws define sex crimes resulting from possession, promotion, production, or distribution.

Common child pornography charges in Brevard County, Florida include:

• Possession of Child Pornography: Typically classified as a third-degree felony. If convicted, the person faces 5 years of prison time/probation and a $5,000 fine.
• Promotion or Distribution of Child Pornography: Generally classified as a second-degree felony. Sex crime convictions result in up to 15 years in prison and a $10,000 fine
• Production of Child Pornography: Classified as a first-degree felony, punishable by up to 30 years in prison and $10,000 fines. In addition, each separate image or video produced may be charged individually. This has the potential to create much more severe consequences.

If convicted, a mandatory registration as a sexual offender after release is required, along with strict probation and electronic monitoring conditions, extreme social stigma, and difficulty obtaining jobs.

State prosecutors aggressively pursue these sex crime cases. A Melbourne sex crime defense lawyer from our law firm can provide experienced legal representation to protect your rights and reputation. If you’ve been charged with a sex crime in Brevard County, we’ll challenge the evidence collected against you, identify whether law enforcement violated your rights during the investigation, and work with forensic specialists to examine devices, internet data, and provide expert testimony to expose gaps in the prosecution’s case.

In Florida, statutory rape is prosecuted under Florida Statutes § 794.05. Statutory rape charges involve allegations of sexual activity with a minor. Florida law does not require physical force, coercion, or lack of consent to establish guilt for these sexual offenses.

A statutory rape attorney in Melbourne, FL, can provide experienced legal representation for criminal charges related to lewd or lascivious sexual battery or molestation. Common criminal charges and penalties for sex crimes include:

• Victim ages 12–15:

  • Offender 18 or older → Second-degree felony. Rape convictions result in 15 years in prison/probation and a $10,000 fine.
  • Offender 24 or older → First-degree felony. Rape convictions result in 30 years in prison and a $10,000 fine.

• Victim under 12:

  • Offender 18 or older → First-degree felony (sometimes classified as a capital felony if other factors are involved, like penetration, for example). If found guilty of raping a child under 12, the accused faces life imprisonment and a $10,000 fine.

Florida statutory rape convictions always trigger mandatory sex offender registration. The penalties for sex offenders increase dramatically with age gaps and the severity of the act.

Sexual offenses related to solicitation and prostitution primarily fall under Florida Statutes §§ 796.07–796.08. It is a sex crime to offer, agree to, or engage in sexual acts for money or other consideration. It’s also a crime under Florida law to solicit another person to commit such acts.

Common criminal charges and penalties for sex crimes include:

• Prostitution and Solicitation: This is engaging in or offering sex or sexual acts for compensation. Offering money or compensation to induce another person to engage in sexual acts. Both criminal charges are first-degree misdemeanors. If convicted, each results in up to a year in jail and a $1,000 fine.
• Procuring, Pimping, or Pandering: This specific charge arises from facilitating or profiting from another person’s prostitution. If charged with a sex crime of this nature, it is a third-degree felony. If convicted, it results in 5 years in prison and a $5,000 fine.

The penalties for sex crime convictions can escalate for repeated sexual offenses, sex crime cases involving minors, or organized prostitution rings. Here, experienced legal representation is crucial to reduce exposure or avoid life-altering consequences associated with felony convictions.

Our Melbourne sex crimes defense lawyers help defend clients accused of prostitution and solicitation. We conduct thorough investigations into law enforcement procedures to examine whether criminal defense for entrapment applies. We review text messages and other factors for context and file motions to suppress inadmissible evidence obtained illegally.

If you’ve been charged with a sex crime under federal law, you’re facing some of the most severe penalties associated with sexual offenses in Brevard County. Our Melbourne sex crime lawyers defend clients accused of sex trafficking in Brevard County and across the state. Using decades of combined criminal defense experience handling federal sex trafficking cases, we defend criminal charges for transporting victims across state lines or prostitution or commercial sexual exploitation. We conduct investigations to determine if our clients were falsely accused of a sex crime, examine whether federal prosecutors can prove every element using the evidence collected, and negotiate plea deals on behalf of clients, when appropriate.