Allegations of sexual misconduct are among the most serious in Winter Park. The accusations can range in seriousness from those involving an unwelcome sexual touch, to statutory rape, to criminal sexual conduct involving the use of force. In almost every example, sex crimes are felonies where a conviction could result in a prison sentence of multiple years. In addition, convictions usually require a person to register as a sex offender. Avoiding these outcomes is vital to your immediate future and long-term freedom.
A Winter Park sex crimes lawyer may be able to help you if you are facing these allegations. A knowledgeable criminal defense attorney could hear your side of the story, evaluate the legality of police work that led to the arrest, and present arguments in court that create reasonable doubt in the minds of jurors.
A sex crime is any event where a person has unwelcome sexual contact with another. The fact of sexual contact being nonconsensual is key to each of these allegations. Sexual contact may be considered nonconsensual due to the use of force, a person being unable to resist due to drugs, or an individual being unable to consent due to age.
This concept of the lack of consent is the basis for all sex crimes. For example, criminal sexual battery under Florida Statute § 794.011 occurs when another uses force to achieve their goals, or if the actor has reason to know that the alleged victim was mentally defective or physically helpless. Convictions under this law can result in a sentence of up to life in prison.
Fortunately, not every example of a sex crime under state law is a felony. For instance, lewdness under Fla. Stat. § 800.03 involves the exposure of one’s sexual organs in a way that is vulgar or indecent. Convictions under this and other misdemeanor-level laws can bring no more than one year in jail. A Winter Park sex crimes attorney could explain the difference between the various charges and how courts will deal with a conviction.
Sex crime cases always place the burden on prosecutors to prove that every element of the crime occurred. As a result, effective defenses can arise out of disproving a single portion of a prosecutor’s case. A common example of this dynamic includes the idea of consent. Providing proof, such as through text messages or emails, that a person consented to sexual contact can defeat many sex crime accusations.
It may also be possible to challenge the legality of police work that led to the gathering of evidence. Warrantless searches, improper interrogations, and incorrect handling of evidence can all justify motions to suppress evidence long before a jury sees it. Without this evidence, prosecutors may be unable to pursue their cases. In short, a sex crimes lawyer could work with defendants in Winter Park to decide which defense strategy could bring the best chances for success.
If you are facing charges involving any kind of sex crime, it is essential that you act quickly to protect yourself. In most situations, these charges are felonies where a conviction will result in a prison sentence and cause you to be labeled a sex offender. It is important to seek legal guidance immediately.
A Winter Park sex crimes lawyer could help you in this fight by explaining the relevant laws, hearing your side of the story, gathering evidence that could prove your position, and challenging the legality of the prosecutor’s case. Give the Umansky Law Firm a call today to let us get to work protecting you.
The Umansky Law Firm Criminal Defense & Injury Attorneys
