Orlando Sex Crime Lawyer

Orlando Sex Crime Attorney

The consequences of a sex offense conviction are severe, from the criminal penalties to the social and personal stigma surrounding the offense, to the lifetime restrictions of being required to register as a Sex Offender. Simply being accused of a sex crime can have a significant effect on your personal and professional life, and conviction only adds to the long-term effects that could impact your entire future. An Orlando sex crimes lawyer is an important ally when you are facing sex crime charges.

The right lawyer can provide you with the greatest chance of avoiding conviction or the worst of the penalties you could face. Being convicted or even pleading no contest can result in imprisonment, fines, and sex offender registration. A dedicated and aggressive criminal defense lawyer can review the options you have for defense and what strategies can minimize the impact a sex crime charge has on your life.

Former Prosecutor

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Robert B. Fisher has 45 years of experience in the criminal justice system. When you face a criminal charge, you have the legal right to a lawyer, and it is important to take advantage of that right. Even if you are innocent of the offense, you should not assume this is enough to avoid criminal consequences. Wrongful conviction does happen, and a skilled legal defense works to avoid this outcome.

Robert B. Fisher knows the criminal justice system and how to effectively protect your interests as you navigate it. He gets results for his clients. He will take the time to listen to you, understand your unique situation, and help you understand the defense and mitigation options available to you. Robert B. Fisher, P.A. can help you deal with criminal charges, navigate appeals, and determine your options for sealing or expunging certain offenses.

What Are Sex Crimes in Orlando?

When someone is charged with a sex crime, even one that may be relatively minor, they have to deal with both the criminal justice system and public assumptions. A strong legal defense is crucial in these cases. There are several different categories of sex crimes in Florida, ranging from lewd behavior to sexual assault. Some of the criminal sex offenses in Orlando include:

• Unnatural and Lascivious Activity: This is the crime of any unnatural or indecent behavior with another person. It is charged as a second-degree misdemeanor but is aggravated if it is committed in front of a minor under 16, if it is an exhibition committed in front of an employee, or if it is committed against a student by an authority figure.

• Indecent Exposure: This is the crime of being naked or exposing sexual organs in public or in an accessible private location. A first-time conviction is a first-degree misdemeanor.

• Stalking and Cyberstalking: Willfully and maliciously following, harassing, or cyberstalking someone repeatedly is considered stalking and is a first-degree misdemeanor.

Aggravated stalking occurs when the offender makes a credible threat. If the offense occurs after an injunction for protection was filed to prevent repeat violence, domestic violence, or sexual violence, then it is a third-degree felony. The crime of sexual cyber harassment, or revenge porn, is a first-degree misdemeanor.

• Prostitution: There are several prostitution-related offenses, including owning, operating, or maintaining a location for prostitution or lewdness; offering another for prostitution; receiving any person in a location for the purpose of prostitution or allowing a person to remain for that purpose; or to induce or entice another into committing prostitution or lewdness.

A first violation is a second-degree misdemeanor, and penalties could be aggravated for the involvement of a minor or coercing another person into prostitution.

• Sexual Battery or Rape: The severity of the penalties a person faces for sexual battery charges depends on the age of the offender, the age of the victim, whether the act caused physical injury, the use of a deadly weapon, and prior convictions. All sexual battery charges are felonies.

It is an aggravated offense when the victim is unable to resist, is coerced under threat of serious personal injury, is coerced under threat of retaliation against the victim or another person, is under the influence of a substance that physically or mentally incapacitated them, is physically incapacitated, or other circumstances.

• Child Pornography: Owning, controlling, or intentionally viewing a sexual performance of a minor is a third-degree felony (photos) or a second degree felony (movies). Directing, producing, or promoting a sexual performance is a second-degree felony. Florida statutes also work to protect minors from viewing harmful material.

• Failure to Register as a Sex Offender: A sexual offender who fails to register or who fails to maintain or renew their registration is guilty of a third-degree felony. Failing to provide complete and accurate identifying information or failing to update information changes are also violations of this section, and each instance of these failures can be charged as a separate offense.

• Human Trafficking: Human trafficking for purposes of sexual activity may be charged as a first-degree felony or a life felony, depending on the age and mental capabilities of the victim of the crime.

Each offense is unique and requires its own tailored legal defense. Certain crimes do not allow certain defenses, such as ignorance about a minor’s age. It takes an experienced lawyer to understand the specifics of your situation and determine the right defense. Conviction of a sex crime can have significant criminal and collateral consequences.

Collateral Consequences for a Sex Crime Conviction

A sex crime conviction results in a criminal record, meaning some of the collateral consequences are the same as any criminal offense. A criminal record is created when you are convicted of any criminal offense, whether it is a misdemeanor or a felony, and can affect your life regardless of the offense. A criminal record can impact:

• Your current employment
• Your future employment opportunities
• Where you are able to live
• Your housing opportunities
• Professional licenses you are allowed to carry
• Your educational opportunities
• The loans you can secure

In some cases, a criminal record bars you from certain opportunities, while in other cases, it makes you a less likely candidate. Potential employers, landlords, and schools can see a criminal record in a background check or require you to inform them of a criminal record, and this can limit those opportunities.

A sex crime conviction also has additional collateral consequences that are not present in most other convictions: sex offender registration.

Sex Offender Registration in Florida

There are two types of sex offender registration in Florida. This includes registering as a convicted sex offender or as a sexual predator. Registration as a sexual predator is more serious and has additional restrictions and requirements aimed at preventing repeat sexual offenses.

Both types of sex offender registration can affect you for many years or for the rest of your life. Significant information about your appearance and address will be publicly available, as well as certain aspects of your criminal conviction. Sex offender registration also prevents you from living in certain locations and working in certain jobs or fields. There are state laws that restrict where you can live, and local laws may be even more restrictive.

Depending on the offense of which you were convicted, you may have to register with the local sheriff’s office several times per year and update your new information with any changes within 48 hours after the change occurs. Once you are convicted of a sex offense that requires registration in Orlando, there are very few avenues to remove yourself from the registry. A skilled lawyer is crucial to determine your options or avoid conviction altogether.

How Does a Defense Lawyer Help Me With Sex Offense Charges?

A defense lawyer helps you get the most beneficial outcome in a case when you are facing sex offense charges. You may be more likely to have the charges dismissed, be convicted of a lesser offense, or see less serious penalties. A lawyer who fights for the ideal outcome possible for you by investigating your case and finding weaknesses in the prosecution’s case against you. It’s important to find a lawyer who fights for the justice you deserve. You have the right to a fair and diligent defense.

Potential Defenses to Sex Crimes

The appropriate defense for your case will depend on your specific situation. Some potential defenses available in these criminal cases include:

• Consent: One affirmative defense is that the alleged victim of the crime consented to the conduct or act. This is only applicable in certain situations, such as when the individual has the ability to provide consent.
• Mistaken Identity: The victim of a crime may have mistakenly identified you as the offender. A lawyer may be able to prove that it was an error.
• Entrapment: If you were caught as part of a sting operation, there are situations where you were the victim of entrapment, meaning you would not have committed the crime if the officer did not push for it.
• False Accusations: Unfortunately, false accusations of sex crimes do happen, particularly when the alleged victim is attempting to retaliate against you or is attempting to get the court on their side in a difficult custody or divorce case. A lawyer is crucial to determine the truth of the situation and show the allegations are false.
• Insufficient Evidence: The prosecution is responsible for proving you guilty beyond a reasonable doubt. If they cannot meet this burden of proof, then you should not be convicted, and your lawyer can argue this point. A lawyer could also prove certain evidence inadmissible, providing the prosecution with less evidence to support their case. This could even lead to the dismissal of the charges.
• Mishandling of Evidence: If evidence from the case did not follow the proper procedures or DNA testing was not administered correctly, this evidence may be inadmissible.
• Civil Rights Violations: If an officer secured evidence against you without probable cause, a warrant, or your consent, then the evidence is inadmissible.

These defenses could mitigate the consequences or result in the dismissal of the case.

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Contact a Skilled Defense Lawyer Today

The severity of a sex crime charge cannot be understated. If you are facing sex crime charges, you need an experienced and dedicated defense lawyer on your side. Robert B. Fisher, P.A. can help you protect your rights, your reputation, and your future. Contact the law firm of Robert B. Fisher, P.A. today.