Sex Crimes as Misdemeanors and Felony Charges

Sex crimes are taken seriously in Miami Beach, and accusations or allegations of this criminal act, even when false or exaggerated, can create a stigma that few people will be able to escape in their personal and professional lives. Different types of sexual criminal activity carry with them different penalties, and some are charged as misdemeanors while others fall under the category of felony charges.

Sexual battery, also known as rape, is defined as the committing of a non-consensual sexual action toward another individual. Many do not require the use of force; for instance, inappropriate touching without consent is grounds for being charged with a variant of sexual battery. Penalties can include a maximum sentence of life in prison, depending on the nature of the victim’s status at the time of the alleged battery, a minimum of 9 years in a state prison, and a lifelong status as a sexual predator.

Another serious sex crime is the statutory rape charge, also known in Florida as having sexual intercourse with a minor. This charge carries heavy penalties and is considered absolute in the sense that the defendant’s intent is not relevant to the defendant’s consideration of guilt. The defendant can be found guilty regardless of whether or not he or she knew the minor was not of age. The age of consent is 18 in Florida, but for potential defendants under 24 years, the age of consent is 16.

This is to prevent, for instance, an 18-year-old from being charged with the statutory rape of a 17-year-old with whom he or she has a healthy, consensual relationship. In other states, angry parents have attempted to level rape charges against disliked significant others of their children.

Sex crimes often come down to a matter of one person’s word against another’s. The basic defenses in a sex crime case concern consent and false allegation. Consent must be made intelligently and voluntarily, and is usually the best defense in a sexual battery case. It’s important to point out that just because the accuser did not physically resist doesn’t mean the intercourse was consensual – prosecutors will often contextualize this by attempting to offer evidence that submission was in some way coerced.

False allegations are unfortunately common in Florida and lead to countless people inaccurately accused of sexual battery and other similar crimes. Reasons for false allegations can include:

  • jealousy;
  • fear of being caught in a consensual affair;
  • an accuser’s mental illness;
  • the mental illness of an influential parent over a child; and
  • the manipulation of a child by an angry or scorned parent.

When false allegations are made, it’s vital that the accuser be aggressively investigated and exposed, and a defense lawyer can help achieve this end.

If you are facing felony charges for sex crimes in Miami Beach, it is absolutely vital that you seek the services of a law firm with extensive experience in handling cases similar to yours. Any accusation, even one that is false, is damaging and humiliating, so our attorney team will use their in-depth knowledge of Florida’s sex crime code to resolve your case as favorably and quickly as is possible for you.


Contacting a Defense Lawyer

The defense team you choose to represent you in court, defend your rights, and relentlessly pursue your case could be the difference between facing jail time and getting on with your life. Contact a criminal defense lawyer at Falk & Ross to discuss your case – 1-877-663-5110.