Daytona Beach Sex Crimes Defense Lawyer
An accusation is not a conviction. Your defense starts now.
A sex crime accusation can affect your freedom, your reputation, and where you can live and work, sometimes before your first court date. These cases often involve registration requirements, forensic evidence, and online investigations that require careful review.
Daytona Defense represents people accused of sex offenses in Daytona Beach, Volusia County, and Flagler County, including sexual battery, lewd or lascivious offenses, online solicitation, and traveling to meet a minor. We listen without judgment, review every piece of evidence, and explain your options in plain language.
Free initial consultation • Flat-fee representation • Payment plans available
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Under Investigation or Arrested? Start With These Steps
Many sex crime cases are shaped before an arrest ever happens. Before trying to resolve the situation yourself:
- Do not speak with detectives without a lawyer. Investigators may ask for an interview to hear your side. Politely decline and ask to speak with an attorney.
- Be cautious with calls and messages about the allegations. Law enforcement sometimes records calls or messages between the accuser and the accused. Do not discuss the accusation with the accuser.
- Do not delete anything. Keep phones, computers, accounts, and messages as they are. Deleting data after you learn of an investigation can create new problems.
- Follow every court order. If you have been released, follow every condition, including any restrictions on contact or internet use.
- Keep a private timeline for your lawyer. Note dates, locations, who was present, and where messages or records may be found.
Why Choose Daytona Defense?
Personal Attention When You Need Clear Answers
People facing sex crime accusations often feel judged before anyone has heard their side. We treat you as a person, not a case file. We listen, explain what the prosecution alleges, and help you understand what each decision means for you.
Experienced Florida Criminal Defense
Our founder has been licensed to practice law in Florida since 1998 and holds a Martindale-Hubbell AV Preeminent rating. Sex offense cases are a core part of our practice, and they require a lawyer comfortable with forensic interviews, digital evidence, and the registration laws that follow a conviction. Meet our founder to learn more about the experience behind our approach.
Clear Fees and Payment Options
Daytona Defense offers flat-fee representation, payment plans, and no separate trial fee. In serious cases, a trial fee can pressure people into pleas they do not want. Our fee does not change if your case goes to trial. Ask about the fee for your case during your free consultation.
What Counts as a Sex Crime in Florida?
Sex offenses appear in several chapters of the Florida Statutes. Some of the most frequently charged offenses include:
- Sexual battery: Charged under § 794.011 when the State alleges sexual penetration or union without consent, or with a person who cannot legally consent.
- Lewd or lascivious offenses: Charged under § 800.04 for alleged conduct involving a person under 16, including battery, molestation, conduct, and exhibition.
- Unlawful sexual activity with certain minors: Charged under § 794.05 when a person 24 or older is alleged to have engaged in sexual activity with a person who is 16 or 17\.
- Online solicitation and traveling to meet a minor: Charged under § 847.0135 for using a computer or device to solicit a person believed to be a minor, and for traveling to meet that person.
- Unlawful use of a two-way communications device: Charged under § 934.215, often alongside online solicitation cases.
- Child pornography: Charged under § 827.071. See our child pornography defense page for more information.
What Is an Internet Sting Case?
Many online solicitation and traveling cases come from undercover operations in which officers pose as minors or as parents offering access to a minor. Florida law covers a person believed to be a minor, so these cases can be charged even when no child is involved. The chats often decide the case: who introduced sexual topics, what was said about age, and whether law enforcement induced the offense.
What Happens After a Sex Crime Arrest?
Many sex crime cases follow an investigation that began weeks or months earlier. After an arrest, the case moves through first appearance, the charging decision, and discovery.
First Appearance and Release Conditions
The judge considers release and any conditions that will apply. Conditions can include no contact with the alleged victim, restrictions on contact with minors, and limits on internet or device use. Give your lawyer the actual order so advice is based on its terms.
The Decision to File Charges
The prosecutor decides whether to file or continue the criminal case. In Volusia and Flagler counties, prosecutions are handled by the State Attorney’s Office for Florida’s Seventh Judicial Circuit. The charges filed can differ from the arrest charges.
Evidence Review and Depositions
Once charges are filed, the defense can obtain the State’s evidence, which may include recorded forensic interviews, medical examination records, DNA results, and device extractions. Florida’s rules also allow the defense to take depositions of witnesses in felony cases. A dismissal, reduced charge, or negotiated resolution may be possible in some cases, but none can be promised.
What Are the Penalties for Sex Crimes in Florida?
The possible sentence depends on the specific offense, the ages of the people involved, the facts alleged, and your criminal history. The following examples explain why the exact charge on your paperwork matters.
Felony Classifications
Most sex offenses are felonies. Sexual battery on an adult without the use of force likely to cause serious injury is a second-degree felony, carrying up to 15 years in prison. Lewd or lascivious battery is a second-degree felony. Traveling to meet a minor is a second-degree felony, and online solicitation of a minor is a third-degree felony. Certain offenses involving children under 12 carry life or capital penalties.
Sex Offender Registration
A conviction for many sex offenses requires registration under Florida Statutes § 943.0435, often for life. For registration purposes, a conviction includes a case where adjudication was withheld. Registration brings reporting requirements, public listing, and, for some offenses, residency restrictions under § 775.215.
Sex Offender Probation and Other Conditions
A sentence may include sex offender probation or community control under § 948.30, which can include curfews, treatment, and restrictions on contact with minors. After a prison sentence, some people are also evaluated for civil commitment under Florida’s Jimmy Ryce Act, § 394.910 and following sections.
These consequences are a reason to review the full impact of a proposed plea before accepting it.
Protect Your Future Before You Make a Statement
Discuss Your CaseHow a Sex Crime Defense Is Built
An accusation is a starting point for investigation. It is not the entire case. Our defense review looks at the accusation, the available evidence, and the legal requirements for the offense charged.
Look Beyond a Single Account
Depending on what exists and can lawfully be obtained, relevant evidence may include messages and social media activity, forensic interview recordings, medical records, DNA results, phone location data, and witness accounts. Timing, prior statements, and inconsistencies can matter.
Evaluate the Defense That Fits the Facts
- Consent: In cases involving adults, whether consent was given is often the central issue.
- False or mistaken allegations: Timelines, digital records, and prior statements can reveal inconsistencies or motives.
- Entrapment and inducement: In sting cases, the conduct of the undercover officer and the wording of the chats can be decisive.
- Reliability of child statements: Under § 90.803(23), certain out-of-court statements by a child can be admitted only after the court finds them reliable at a hearing.
- Digital evidence and search issues: The defense can assess whether warrants were valid and whether the State can prove who used a device or account.
No single strategy fits every case. We explain the strengths, weaknesses, and practical options so you can participate in decisions about your defense.
State and Federal Sex Crime Charges Are Different Matters
Some online cases can be prosecuted in federal court instead of, or in addition to, state court. Under federal law, enticement of a minor under 18 U.S.C. § 2422(b) carries a 10-year mandatory minimum prison sentence, which is far more severe than many comparable state charges.
If federal agents are involved in your investigation, tell your lawyer right away. The strategy for a federal case can differ significantly from a state case.
Sex Crime Defense FAQs
Will I Have to Register as a Sex Offender?
It depends on the offense and the outcome. A conviction for many sex offenses requires registration, and a withheld adjudication counts as a conviction for registration purposes. A dismissal, acquittal, or reduction to a non-qualifying offense can avoid registration.
Can I Be Convicted Based Only on the Accuser’s Testimony?
Under Florida Statutes § 794.022, the testimony of the alleged victim in a sexual battery case does not need to be corroborated. That makes careful investigation of the accusation, the timeline, and any prior statements especially important.
Is Consent a Defense if the Person Was Under 16?
No. Under § 800.04, neither the alleged victim’s consent nor the defendant’s lack of knowledge of the alleged victim’s age is a defense to lewd or lascivious offenses.
Should I Talk to the Detective to Clear This Up?
No. Detectives often ask for an interview to hear your side, but anything you say can be used to build the case. Ask to speak with a lawyer before answering any questions.
Can a Sex Crime Record Be Sealed or Expunged?
Many sexual offenses are on the list in Florida Statutes § 943.0584 of offenses that cannot be sealed or expunged after a finding of guilt or plea, even if adjudication was withheld. A dismissed or unfiled case requires a separate eligibility review. Learn more about expungements.
How Much Does a Sex Crimes Defense Lawyer Cost?
The fee depends on the case and the scope of representation. Daytona Defense offers a free initial consultation, flat-fee representation, payment plans, and no separate trial fee. Contact us to discuss the charge and the fee arrangement that would apply.
Can I Call on Behalf of a Family Member Who Is in Jail?
Yes. Have the person’s full name, county of arrest, booking or case number if available, and any known court date ready. We can discuss the process for seeking representation. The attorney’s professional obligations are to the person represented, even when a family member helps arrange or pay for counsel.
Talk With Daytona Defense About Your Next Step
You do not have to arrive with every answer. Start with what happened, the paperwork you have, and the questions keeping you up at night. We can discuss the allegations and how our firm may be able to help.
We serve Daytona Beach and surrounding communities, including Port Orange, DeLand, New Smyrna Beach, and Palm Coast, with representation in Volusia and Flagler counties.
Contact Us NowOffice visits by appointment. Call (386) 230-3347