New Port Richey Sex Crime Lawyer

Common Sex Crime Defenses

When up against a sex crime, your New Port Richey sex crime lawyer will craft a defense strategy and offer you legal advice to get the state to reduce or drop the charges against you. Below are some common defenses lawyers use for sex crimes.

Challenging Forensic Evidence

In some sex crime cases, the police have DNA evidence or other samples from the crime scene from the alleged offender and/or accuser. A skilled criminal defense attorney will review the evidence and help conduct an independent forensic analysis.

If the analysis finds that the police did not properly collect, store, or analyze the evidence, your attorney can attempt to negotiate with the court to dismiss the case.

Entrapment

Entrapment is when a police officer, usually undercover, coerces you to commit a crime you otherwise wouldn’t have committed.

Entrapment is illegal.

Your criminal defense lawyer can argue that you wouldn’t have committed the crime if the law enforcement officer hadn’t coerced you into doing so.

Good Faith Reporting

Good faith reporting is when the accused reports the crime or other information related to the crime. If you report any information to the police, your attorney can try to get the court to reduce the charges because of good faith reporting.

Police Misconduct

Law enforcement cannot conduct illegal searches and seizures. There are specific legal protocols for obtaining and carrying out a warrant. Police must also follow strict laws when collecting and storing evidence and interviewing suspects.

If law enforcement didn’t follow the correct guidelines and violated your rights at any point during the investigation, your sex crimes attorney will use it as a defense.

Legal Consequences for Sex Crimes in Florida

The penalties for sex crime cases vary depending on the severity of the crime.

For example, prostitution and indecent exposure are misdemeanors:

• A first-time prostitution conviction is a second-degree misdemeanor, punishable by a jail sentence of up to 60 days and a fine of up to $500.
• Indecent exposure is a first-degree misdemeanor, punishable by up to one year in jail and a maximum fine of $1,000.
• Possession of child pornography is a third-degree felony, punishable by a prison sentence of up to five years and a maximum fine of $5,000. However, the production of child pornography is a first-degree felony, punishable by up to 30 years in prison and a fine of up to $10,000.
• The punishment for lewd and lascivious crimes varies depending on the age of the victim and offender. The prison sentence can range from five years to life.

With such severe penalties for sex crimes, you need an attorney in New Port Richey, FL, who will help you fight the charges against you.

Sex Offender Registry

Florida Statute 943.0435 details the requirements for sex offender registration and the penalties for failing to register. As mentioned, in nearly all cases, sex offender registration is mandatory for life.

Failing to register as a sex offender is a third-degree felony.

FAQs About New Port Richey Sex Crime Lawyers

It’s natural to have further questions about sex crimes and New Port Richey attorneys who handle them. To further assist our New Port Richey clients, we’ve answered some of the most common questions we receive regarding the topic below.

What Is Considered a Sex Crime in Florida?

There are many crimes that the state of Florida considers a sex crime. Some of the most common Florida sex crimes include:

• Child pornography
• Failure to register as a sex offender
• Indecent exposure
• Lewd and lascivious acts
• Prostitution
• Sexual battery

Because there are many examples of sex crimes, they vary in nature and severity.

Is Florida Hard on Sex Offenders?

Florida is arguably the harshest state for sex offenders. Not only is sex offender registration for life, but after an offender completes their sentence, they undergo an assessment to see if they are ready to reenter society.

If the assessment deems the offender unfit for society, Florida will place them in a maximum security location in Arcadia, which currently houses 650 men the state believes would commit a severe sex crime if they were living in society.

What Are Sex Offenders Not Allowed to Do in Florida?

The court does not allow sex offenders to move out of the state without permission. If the state grants permission, the offender must register as a sex offender in the state of their new residence.

If the offender has shared custody of their children, they could lose access to them. This is particularly true if the sex crime was against a child.

Because sex offender registration is a public record, offenders will have difficulty finding employment. Those with a conviction involving a minor are not allowed to work or volunteer in any business where children may be present.

Additionally, many Florida places of interest do not allow registered sex offenders to work at their locations. One example is Disney World. Going on vacation to visit the best Florida has to offer would be incredibly difficult if the offender must stay a certain distance away from children.

Finding housing is also challenging. In the Tampa Bay area, for example, sex offenders cannot live within 1,000 feet of the following places:

• Daycares
• Schools
• Parks and playgrounds

In some Florida counties, like Miami-Dade, the distance is 2,500 feet.

Lastly, if you are not a U.S. citizen, a sex crime conviction may affect your immigration status and lead to deportation.

How Long Does a Sex Offense Stay on Your Record in Florida?

In Florida, you cannot expunge or seal nearly any sex crime. Thus, a sex offense will stay on your record for life unless the state pardons you or the court sets aside the conviction.

The same is true for sex offender registration. In very few instances, you can petition the court to lift the required registration. The “Romeo and Juliet” law primarily details these rules.