Sex Crimes Attorney in Daytona Beach, Florida

If you’re charged with any kind of crime, you’ve got a lot to contend with regarding finding competent representation and minimizing your penalties. However, charges related to sex crimes can be particularly severe since you’re likely facing legal consequences like fines or jail time—in addition to registering as a sex offender. This added penalty can have lasting and far-reaching effects, and you should do everything possible to avoid it.  

If you’re in the Daytona Beach, Florida area and would like to speak with an experienced criminal defense attorney, reach out to our team at DaytonaDefense.com. We’re proud to serve clients throughout the area, including DeLand, Port Orange, New Smyrna Beach, Palm Coast, Volusia County, and Flagler County.

Types of Sex-Related Crimes in Florida 

Sex crimes (also called sex offenses in Florida) fall into two main categories: forcible and non-forcible. In both categories, there must be non-consensual sexual contact. Non-forceable sex offenses include sexual contact or intercourse that is committed without force but also without consent. Common crimes under this heading are incest, sexual exposure, lewdness, or lasciviousness. Forcible sex crimes are done without consent and with force or with the threat of force. Common crimes here include rape, attempted rape, fondling, sexual violence, sexual battery, sexual assault, and aggravated sexual assault. There are other sex-related crimes such as child pornography and prostitution that also carry serious penalties. 

Defining Consent 

Critical to understanding these laws is how consent in sex-related cases is viewed. Each state has a slightly nuanced definition of what constitutes consent. In Florida, it means that both parties in a sexual act are voluntarily and knowingly engaging in the act. Failure to physically resist sexual advances is never considered in matters of consent. The age of consent is 18 in Florida, but any person who is physically or mentally incapacitated (including being intoxicated) cannot legally give consent.  

Registering as a Sex Offender 

Probably one of the most consequential aspects of being found guilty of a sex crime is having to register as a sex offender. In Florida, this means that you will either have to register as a ​​sexual predator or a sexual offender. A sexual predator is the more serious designation and is someone who’s been convicted of a first-degree felony or two or more second-degree felony sex-related crimes. With this comes a lifelong registration requirement that must be completed within 48 hours of being released from prison. You must also re-register regularly and notify authorities any time you change residences. If you register as a sex offender, you can petition to have your name removed from the list after 20 years, but only if you haven’t reoffended in this time period. 

Registry also restricts where you can live, especially if your conviction involved a minor under the age of 16. Local ordinances typically restrict you from living within 1,000 feet of any place where children are regularly present like a school or daycare. You may also have limited employment opportunities since some offenders are barred from working at a job where children are regularly present.  

Failure to register on time can result in significant consequences, including being charged with a third-degree felony and complying with electronic monitoring. 

Possible Penalties 

Sex crimes across the country have some of the harshest and strictest penalties compared with other crimes. Because of this, it’s essential you work with a criminal defense attorney with years of experience defending clients just like you. At DaytonaDefense.com, we know that not all those accused of these crimes are actually guilty, or that the crime you’re charged with may not accurately reflect the facts of the case. Either way, you need someone who will defend your rights to the end and will work to uphold your dignity in the face of inaccurate accusations.  

There is a range of penalties for sex crimes and your actual consequences will depend on the details of the crime, the age of the victim, and whether you have past criminal convictions that indicate a propensity for repeat behavior. For example, a charge of aggravated sexual battery is often charged as a first-degree felony and can bring with it up to 30 years in prison and fines of up to $10,000. If you used a weapon during the crime, this is likely to increase your prison sentence. Serious sex crimes that involve minors allow a judge to sentence you to life in prison. Keep in mind that after you’ve completed your sentence, you now must register as a sex offender or predator.