Florida Sex Crimes Criminal Defense Attorneys

Once someone is labeled a sex offender, there is likely to be a stigma that follows them for the rest of their lives. Conviction of a sex crime usually means you must be on the Florida Sexual Offender Registry.

If you are facing sex offense allegations, you want the best legal team possible working for you. Our experienced sex crimes attorneys at Brunvand, Wise & Farinella Law Group, will work to defend your rights if you have been charged.

Variations In Your Situation Can Have An Effect On The Consequences

There are a few things that will affect the potential outcome of your situation. First, whether you are being charged as a sexual predator or a sexual offender. Although both must register on the sex offender/predator registry if convicted, the stigma of being a sexual predator is worse than that of being a sexual offender. The biggest difference is that predators are required to be on the registry for the rest of their lives. It is rare that sex offenders get their names removed, but it can happen under certain circumstances.

The differences are:

• Sexual predators. People designated as sexual predators have been convicted of a sex crime that is a first-degree felony. It also is a label placed on someone who has been convicted of two second-degree felony sexual offenses within 10 years.
• Sexual offenders. This is the designation given to a person who has been convicted of a sex offense that involved a minor on or after Oct. 1, 1997.

Getting your case lessened from a “predator” to an “offender” can mean the difference between being able to get off the registry and having to stay on it for the rest of your life.

In addition, it’s important to know which classification your case falls under. There are three classifications. They include:

• Lewd/lascivious acts: Sexual acts that someone reasonable would find indecent or shocking
• Sexual battery and rape: Nonconsensual sex with someone who is coerced, forced or incapacitated
• Unlawful sex with minors: Often called statutory rape

One of the ways we might be able to help you is to get your case classified as a lesser offense.

Sex Offenses Frequently Asked Questions (FAQ)

Can You Be Criminally Charged In Florida For Having Sex In Public?

Yes, you can face criminal charges in Florida for engaging in sexual activity in public places. Florida law prohibits various forms of public sexual conduct that can result in serious criminal consequences and potential sex offender registration requirements.

The most common charge for public sexual activity is lewd and lascivious behavior, which is a second-degree misdemeanor punishable by up to 60 days in jail and fines up to $500. However, if the conduct occurs in the presence of a minor under 16 years old, the charges escalate to a third-degree felony carrying up to five years in prison.

Public sexual conduct can also result in charges for indecent exposure, disorderly conduct or disturbing the peace, depending on the specific circumstances. These charges may seem minor compared to other sex offenses, but they can still create lasting consequences for your reputation, employment opportunities and personal relationships.

What Crimes Require Sex Offender Registration?

Florida law requires registration for numerous sex-related offenses. The following offenses typically mandate sex offender registration:

• Sexual battery and rape involving adults or minors
• Lewd and lascivious conduct with minors, including molestation, battery and exhibition
• Child pornography possession, distribution or production
• Human trafficking for commercial sexual activity
• Solicitation of prostitution from minors
• Kidnapping or false imprisonment of minors with sexual intent
• Incest involving minors or adult victims

Registration requirements can also apply to certain violent crimes committed with sexual motivation or when the victim was a minor under specific circumstances.

Are All Sex Crimes Felonies In Florida?

No, not all sex crimes in Florida are classified as felonies, though many carry felony-level penalties. Some sex-related offenses are prosecuted as misdemeanors, particularly first-time offenses involving less serious conduct.

Misdemeanor sex crimes include certain forms of indecent exposure, public lewdness without aggravating factors and some first-time solicitation charges. However, most sex crimes involving minors, force, coercion or penetration are prosecuted as felonies carrying substantial prison sentences.

Even misdemeanor sex crime convictions can trigger registration requirements and create lasting consequences that affect housing, employment and personal relationships throughout your life.

We Defend You To The Best Possible Outcome

Criminal defense of sexual offenses requires a skilled, aggressive and experienced team. We have helped clients get acquitted, and sometimes, we have gotten enough evidence to ensure no charges were filed. No two cases are alike, but we will work diligently to get you the best outcome possible. Call our Tampa and Clearwater area legal team at 813-521-8069 or email us.