For an individual convicted of and being sentenced for a sex crime in Florida, whether the crime is classified as a felony or misdemeanor can mean a lot. If you face charges of sexual assault, a defense lawyer in Miami Beach can help explain exactly what you could face.
All sex crime charges are sensitive in nature and can often bring intense scrutiny from a judge or jury, but they’re not all punished in the same manner. In general, punishment for misdemeanors is not as severe as with felonies. Here’s a closer look.
What Happens if Sentenced for a Misdemeanor Sex Crime
Someone convicted of a misdemeanor and sentenced for a sex crime in Florida may face anywhere from a small fine and a few months probation to up to a year in jail. Do you know the steps that must be taken to bring a wrongful discharge claim? When you meet with a sexual assault defense lawyer in Miami Beach at Falk & Ross, you’ll get a better feel for what’s at stake.
Some examples of misdemeanor sex crimes and their punishments include the following list.
- Indecent exposure – First degree misdemeanor results in up to one year in jail and a $1,000 fine.
- Prostitution – According to the Florida 2012 statutes, the first offense results in a second degree misdemeanor, punishable by up to 60 days in jail and a $500 fine, and a second offense results in a first degree misdemeanor, punishable by up to a year in jail and a $1,000 fine. A third offense results in a third degree felony charge, punishable by five years in prison and a $5,000 fine.
- Unnatural and lascivious acts – Second degree misdemeanor, punishable by up to 60 days in jail and a $500 fine.
Even after someone is sentenced for a sex crime and has done his or her time in Florida, the harm to reputation and future employment has often already been done, even in the case of misdemeanors. That’s why if you’ve been charged with sexual assault, a defense lawyer in Miami Beach is the first person you should contact about what to do next.
What Happens if Sentenced for a Felony Sex Crime
When someone is sentenced for a sex crime that’s classified as a felony, the punishment is more severe. Here’s a look at some felony sex crimes and their corresponding penalties, according to the 2012 Florida statutes.
- Sexual battery without use of force or violence likely to cause serious injury – Second-degree felony, results in up to 15 years in prison and a maximum $10,000 fine.
- Sexual battery upon a person through threat of force or retaliation, or upon a person who is incapacitated or mentally defective – First-degree felony, results in up to 30 years in prison and a maximum $10,000 fine.
- Sexual battery with use of deadly force or violence that is likely to cause serious injury – Life felony, results in 40 years to life in prison and a maximum $15,000 fine.
- Sexual battery upon a person less than 12 years of age – Capital felony, results in life in prison or capital punishment.
For Sexual Assault Defense, a Lawyer in Miami Beach Can Help
Regardless of whether you’re dealing with a misdemeanor or felony, it’s a serious issue if you’ve been charged with or convicted of sexual assault. A defense lawyer in Miami at Falk & Ross can help you evaluate your case from all angles.
Together, you and your attorney will investigate if any of the following may be to blame for your charges.
- False allegations – Some cases may put a victim’s word against an alleged assailant, and false charges are a reality in some cases.
- Investigative mistakes – If police confiscated personal property from you without observing proper protocol.
- False memory syndrome – In some cases, victims may remember something that did not actually happen. This may be the result of leading questions or trauma.
The sexual assault defense lawyer team in Miami Beach at Falk & Ross will talk to you about how your final sentencing could also hinge on whether a judge or jury sees your behavior as an escalating pattern of violent behavior. Call today for a consultation with a sexual assault defense lawyer in Miami Beach to discuss what to expect regarding sex crime sentences and charges– 877-663-5110 or 305-741-6997.