Miami Sex Crime Lawyer

Miami Sex Crime Attorney

Getting accused of a sex crime is one of the most serious and frightening positions to be in. Potential consequences can be life-altering, including prison time, parole, and a lifetime registration as a sex offender. If you are currently facing sex crime charges, A Miami sex crime lawyer can help you build a defense. Your criminal defense attorney in Miami can advocate for your needs through this stressful period.

Our Background

Law Offices of Barry M. Wax is prepared to assist you in your sex crime case. Barry M. Wax has spent decades representing the people of Miami and South Florida in their criminal cases. Barry has been recognized for his legal work, given the AV Preeminent Rating by Martindale Hubbell, the highest possible ranking the 150-year-old organization awards.

What to Do When Facing Sex Crime Charges

There are a few important steps to take when accused of a sex crime. The first is not to speak with the police. You may feel innocent and wish to explain your side, but anything said in interrogation, arrest, or other interactions can be weaponized against you later on. Remaining silent is your right and should be utilized.

The next crucial action is to seek out legal counsel. Any sex crime allegation is a severe crime that should not be taken lightly. Your Miami sex crime attorney can help you with the required legal action and strengthen your case.

The third thing to keep in mind is never to contact the alleged victim. Many people accused of sex crimes have the urge to confront the other parties involved directly to discuss events. Any communication with other alleged victims can damage your case, as the courts can see it as intimidation, witness tampering, or manipulation. Avoid contact outside strictly case-related interactions.

Things to Avoid

While the case is developing, refrain from making public statements. Comments about the case online, even in private mediums such as texts or emails, can be used by the prosecution. Maintaining a level head during this time can be challenging, but it is greatly beneficial to your case.

Finally, recognize the severity of allegations and cooperate with all court orders. Taking any part of the case lightly or ignoring the judge can not only lose you the case but may also lead to an increase in punishments later on.

Types of Sex Crime Cases Barry M. Wax, Attorney at Law, Represents

Sex crime law covers many categories of sexual offenses. Each case can range in severity, from misdemeanors with minor penalties to a capital felony and life in prison. Barry M. Wax, Attorney at Law, has the experience and knowledge to help you in your defense against accusations. The following are a few of the sex crime cases our firm handles:

Indecent Exposure

Indecent exposure in Florida is defined as exposing or exhibiting one’s sexual organs in public, on another person’s private property, or close enough to be visible from others’ property. Breastfeeding or simply being naked in an appropriate setting does not qualify.

Indecent exposure is a misdemeanor in Florida, with potential penalties including imprisonment up to one year or fines worth $1000 or less. Repeat offenses escalate the case to a felony in the third degree.

Sexual Battery

The first case many think of related to sex crime is sexual assault or rape, classified in Florida law as sexual battery. Sexual battery is broadly categorized as the non-consensual penetration of a person’s mouth, anus, or vagina by another’s sexual organ or object for non-medical purposes. Miami-Dade County has a higher rate of rape than the statewide average at 11.8 cases per 100,000 people.

The penalties of sexual battery depend on the severity of the case, the violence used, the age of the victim, and other relevant factors. If sexual battery occurs without the use of physical force, it is classified as a second-degree felony with a maximum prison sentence of 15 years.

Sexual battery with the threat of violence, the use of physical violence, or carried out against someone unable to consent are all first-degree felonies with prison sentences up to thirty years. Battery committed with the use of a deadly weapon is a life felony and can lead to life in prison. The most severe type of sexual battery is an offense against a victim who is 12 years of age or younger. This is a capital felony and can result in either life in prison or the death penalty.

Failure to Register as a Sexual Offender

Florida has over 30,000 residents who are registered as sex offenders. When convicted of a qualifying sexual offence, you are required to register with the local sheriff’s office within 48 hours of either release from custody or when relocating to a new permanent residence. Registering involves having your photo and fingerprints taken, and providing relevant personal information, including:

• Your legal name
• Any aliases
• Home address
• Employer’s information
• Your vehicle description and license plate
• Email accounts and internet identifiers

Failure to register is a third-degree felony, with the potential of up to five years in prison for each violation.

Unlawful Sexual Activity With Certain Minors

Unlawful sexual activity with certain minors, otherwise known as statutory rape, occurs when a person 24 years of age or older has sex with a minor who is 16 or 17 years old. It does not matter if the minor gave verbal consent or if the accused was unaware of the victim’s age. Statutory rape in Florida is a second-degree felony, with a potential of up to 15 years in prison. If convicted, some offenders may be able to avoid a lifetime sex offender registry depending on the case.

Lewd and Lascivious Offenses

Lewd and lascivious offenses are sex crimes committed against minors 16 years of age or younger. Cases under this classification break down further into the following categories:

• Lewd or lascivious battery: This is sexual battery towards a minor between the ages of 12 and 16. It is a second-degree felony with the potential of 15 years in prison.
• Lewd or lascivious molestation: Actions classified under this category include all inappropriate sexual touching of a minor’s genitals, genital area, buttocks, or breasts. Penalties range from a second-degree felony if the victim is between 12 and 16, and a capital felony if the victim is under 12.
• Lewd and lascivious conduct: Conduct in this type includes any inappropriate touching not defined as molestation, or the solicitation of a minor under 16 to perform a lewd act. It is classified as a second-degree felony.
• Lewd and lascivious exhibition: Offenses under this category are sexual acts that involve a child, but no contact is made. All offenses are classified as second-degree felonies.

Charges may be reduced if the offender of a lewd and lascivious act was under eighteen when the incident occurred.

Child Pornography

Child pornography cases revolve around sexually explicit images or videos of minors under the age of 18. They have different levels of culpability. Knowingly possessing it is a third-degree felony, possession with intent to distribute is a second-degree felony, and producing it is a first-degree felony. Aggravating factors such as the amount in possession, acts committed, and age of victims can all play large roles in the case outcome.

Hire a Sex Crime Lawyer

Defending yourself against any sex crime case can be difficult, but especially when attempted alone. Hire a sex crime lawyer who can represent you both in and out of court. Your Miami sex crime attorney can advocate for you, gather supporting evidence, and help you come up with a legal strategy.

In some sex crime cases, a guilty verdict may seem certain. Either you feel responsible, or the prosecution has a strong case. In these scenarios, your sex crime lawyer can negotiate a plea deal that may see penalties lowered, such as reduced prison time, lesser charges, or potentially avoiding the sex offender registry.

No matter your case, your legal counsel can be at your side. You don’t have to walk into the Richard E. Gerstein Justice building alone.

Common Sex Crime Defense Strategies

Different defense strategies can be used for your specific case. No two sex crime cases are the same. Your sex crime attorney can discuss your potential arguments and help plan for court. The following are common defenses utilized in sex crime cases:

• False accusation: This defense is a straightforward denial that any wrongdoing occurred. Reasons for false accusations can be existing interpersonal problems between the defendant and the alleged victim.
• Consent: Defendants may claim that any sexual interaction was consensual. This argument is only applicable to cases involving adults.
• Weak evidence: The prosecution in some settings may utilize weak evidence that can be disputed. Types of weak evidence include no physical evidence, contradictory statements, and a lack of corroboration.
• Inadmissible confession: In some situations, confessions are used in cases that were acquired through illegal means. Examples of inadmissible confessions are those done through coercion by police officers or interrogations without Miranda rights.
• Mistaken identity: Cases involving hazy witness testimony, strangers, and unclear video evidence could utilize mistaken identity as a valid defense.

FAQs About Miami, FL Sex Crime Law

How Much Does a Sex Crime Lawyer Cost in Florida?

The cost for your sex crime lawyer depends on the allegations against you, the complexity of your case, and the legal work required. A first-time offender charged with indecent behavior will often pay less than a repeat offender accused of sex trafficking. After a consultation, your sex crime attorney can use the specific details of your case to provide an estimate for what your final bill may be.

When Should You Contact a Florida Sex Crime Attorney?

You should contact a Florida sex crime lawyer at the earliest point you can in your case. This could mean seeking legal counsel when contacted by the police, learn you are being investigated, or when arrested and charged. Your sex crime attorney can help prevent easy mistakes and provide realistic expectations for the proceedings. Taking action at the beginning of your case can have a drastic impact on the outcome.

How Do You Get Removed From the Florida Sex Offender Registry?

How you are removed from the Florida sex offender registry relies on the details of your case. You may be eligible for removal after 25 years, during which you did not commit any other sex crimes, completed all sanctions, and complied with registration requirements. It is not possible to be removed at any point if you were convicted of sexual battery, your conviction involved a victim under 12 years old, or you are classified as a sexual predator.

What Is the Difference Between a Sexual Offender and a Sexual Predator in Florida?

The Difference between a sexual offender and a sexual predator in Florida is the difference in how the courts view the offender. A sexual offender is a milder classification, only requiring updates with the local sheriff’s office when they relocate. A sexual predator is a more severe label, requiring the offender to go door-to-door in their neighborhood to alert people of their status and require quarterly updates with local law enforcement.

What Is the Romeo and Juliet Law in Florida?

The Romeo and Juliet law in Florida is an ability for some convicted offenders of statutory rape to avoid being registered as sex offenders. Florida Statute § 943.04354 states that if the sexual encounter was consensual, the victim was between the ages of 13 and 18, and the accused was no more than 4 years older, then they may not be seen as a sexual offender. However, the accused can still be convicted of statutory rape.

Meet With a Sex Crime Lawyer Today

Barry M. Wax, Attorney at Law, is here to provide you with legal counsel at this difficult time. We know that every situation has nuances, and there are always different sides to the story. Barry M. Wax has spent decades litigating various criminal cases, which has given him the experience and knowledge that can have a positive impact on your case.

Contact us today for a free consultation where we can learn your story and discuss potential pathways forward. You may also visit our Miami offices, located on Brickell Road between the Miami River and the bridge to Brickell Key.