Sex Crime Charges We Defend in Florida
Florida law distinguishes between several types of sexual offenses. The charges and potential penalties depend on the alleged conduct, the ages of those involved, and other statutory circumstances. Our sex crimes lawyer represents clients facing the following allegations.
Sexual Battery and Sexual Assault
Under Florida Statute § 794.011 , sexual battery involves specified forms of sexual penetration or contact. The offense classification depends on factors such as age, consent, force, and other circumstances.
Capital Sexual Battery
Capital sexual battery includes specified sexual battery offenses involving a child younger than 12 and an accused adult aged 18 or older. These charges may carry life imprisonment or the death penalty under applicable Florida law.
Lewd or Lascivious Offenses
Under Florida Statute § 800.04 , certain sexual acts or conduct involving children younger than 16 can result in felony charges. The specific offense depends on the alleged behavior and applicable age requirements.
Sexual Offenses Involving Minors
Florida law addresses unlawful sexual activity involving minors, including certain offenses involving age differences, sexual contact, and other prohibited conduct.
Internet Sex Crimes and Online Solicitation
Under Florida Statute § 847.0135 , using electronic communications to solicit a minor for prohibited sexual activity can result in felony prosecution.
Child Sexual Abuse Material Offenses
Possession, transmission, or distribution of child sexual abuse material can result in serious felony charges. These cases often involve forensic examinations of devices, online accounts, and digital records.
What the State Must Prove in a Florida Sex Crime Case
Florida sex crime prosecutions involve different legal requirements depending on the specific charge. The State must establish every required element of the alleged offense beyond a reasonable doubt.
These elements may include:
The Alleged Conduct
Proof that the act prohibited by the applicable statute occurred.
Identity
Evidence connecting the accused to the alleged conduct.
Required Intent or Knowledge
Proof of the mental state required by the specific offense, where applicable.
Statutory Circumstances
Evidence involving age, force, consent, authority, or other factors that affect the charge.
Not every sex crime requires proof of the same elements. For example, consent may be relevant to some sexual battery allegations but is not a defense to certain age-based offenses involving minors.
A Florida sex crimes attorney can examine whether the available evidence establishes the requirements of the particular charge.
How Consent and Age Affect Sex Crime Charges in Florida
Consent and age can significantly affect how an alleged sexual offense is classified. However, Florida law treats these issues differently depending on the circumstances.
Consent in Sexual Battery Cases
Under Florida Statute § 794.011 , consent must be intelligent, knowing, and voluntary. Coerced submission does not constitute consent, and a person's failure to physically resist does not automatically establish it. The availability of a consent-based defense depends on the specific offense and the facts of the case.
Age-Related Restrictions
Florida law imposes specific restrictions on sexual conduct involving minors. Under Florida Statute § 800.04 , a minor's consent is not a defense to the offenses covered by that statute. The accused person's mistaken belief about the minor's age also generally cannot be raised as a defense under that section.
A sex crimes defense lawyer must examine the exact statutory requirements rather than assume that consent or a misunderstanding about age resolves the allegations.
Defending Against Sex Crime Allegations
Sex crime investigations may involve competing accounts, forensic findings, digital records, and questions about whether the evidence supports the charged offense. As a sex crimes defense attorney, Stephen G. Cobb evaluates the circumstances of each allegation and the reliability of the prosecution’s evidence.
Forensic and DNA Evidence
We review forensic examinations, DNA analysis, evidence collection, and laboratory findings for errors, limitations, or inconsistencies.
Witness Interviews and Testimony
Recorded interviews, witness statements, and investigative procedures may raise questions about reliability or the accuracy of particular allegations.
Digital Evidence and Online Communications
Messages, social media records, device data, and online activity may be central to internet-related allegations. We examine authenticity, context, attribution, and how the evidence was obtained.
Consent, Identity, and Statutory Elements
Depending on the charge, disputes involving consent, mistaken identification, required intent, or other statutory elements may be relevant to the defense.
Constitutional and Procedural Challenges
Evidence obtained through unlawful searches, improper interrogations, or other constitutional violations may be subject to suppression.
Our approach may involve pretrial motions, independent evidence review, negotiations, or trial preparation, depending on the circumstances.
Penalties for Sex Crimes in Florida
Florida sex crime penalties vary based on the offense, the ages of those involved, the nature of the alleged conduct, and applicable sentencing provisions.
| Offense Classification | General Potential Penalty |
|---|---|
| Third-degree felony | Up to 5 years in prison |
| Second-degree felony | Up to 15 years in prison |
| First-degree felony | Generally up to 30 years in prison |
| Life felony | Life imprisonment or another sentence authorized by law |
| Capital sexual battery | Life imprisonment or the death penalty under applicable law |
These are general sentencing classifications. Certain offenses carry mandatory minimum sentences, enhanced penalties, or other specific sentencing requirements.
Factors That May Affect Sentencing
Depending on the offense, the court may consider factors such as:
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The ages of the accused and alleged victim
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The nature of the alleged conduct
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Use of force, threats, or coercion
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Serious injuries or weapon involvement
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Prior qualifying convictions
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Applicable mandatory minimum sentencing provisions
A sex crimes attorney can explain the potential sentencing exposure associated with the specific allegations.
Sex Offender Registration and Long-Term Consequences
Some Florida sex crime convictions trigger registration requirements that can continue long after incarceration or supervision ends. Under Florida Statute § 943.0435, individuals convicted of qualifying offenses may be required to register as sexual offenders and comply with ongoing reporting obligations.
What Does Sex Offender Registration Require?
Depending on the applicable law and circumstances, registration obligations may include:
- Reporting residential addresses and changes
- Providing employment and identifying information
- Registering certain email addresses and online identifiers
- Meeting travel and reporting requirements
- Complying with applicable residency restrictions
Registration requirements and duration vary by qualifying offense and individual circumstances.
Other Consequences of a Sex Crime Conviction
Beyond incarceration and registration, a conviction may affect:
- Employment opportunities
- Professional licensing
- Housing
- Family relationships
- Certain civil rights
Not every sex crime conviction triggers the same restrictions, making it important to understand the specific legal consequences of the charge.
What to Do If You Are Under Investigation for a Sex Crime
Sex crime investigations may begin before an arrest or formal charge. Investigators may request interviews, collect digital records, examine physical evidence, or contact the accused for a statement. If you learn that you are under investigation:
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Seek Legal Advice Before Answering Questions
You have constitutional rights, including the right to remain silent.
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Preserve Relevant Evidence
Do not delete messages, photographs, electronic records, or other potentially relevant information.
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Avoid Contacting the Accuser
Such communication could create additional legal complications or violate an existing order.
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Consult a Defense Attorney
Early legal representation can help protect your rights and clarify your options.
A sex offense attorney can review the circumstances, advise you during the investigation, and communicate with law enforcement when appropriate.
Why Hire Cobb Law Firm for Your Drug Possession Case
We examine the evidence, explore available legal options, and develop a strategy based on your charges and circumstances.
More Than Three Decades of Florida Criminal Defense
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Since 1990
Stephen G. Cobb, BCS, has practiced criminal defense in Florida since 1990.
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10,000+ Criminal Cases Handled
He has handled more than 10,000 criminal cases, ranging from misdemeanor DUI allegations to first-degree murder cases.
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Board Certified
He is a Florida Bar Board Certified Criminal Trial Law Specialist and was most recently recertified in 2023.
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Northwest Florida
Cobb Law Firm represents individuals facing sex offense allegations in Destin, Fort Walton Beach, and surrounding Northwest Florida communities, combining local courtroom experience with criminal defense representation.
Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.
What Clients Say
Real reviews from people who spoke with Stephen G. Cobb about their case.
“We had a very professional consultation with Mr. Cobb. I appreciated his factual and honest legal opinion, which was exactly what I was looking for. He was also extremely patient and friendly.”
“Very knowledgeable and offered excellent references and information pertaining to our request and was engaged in the conversation. Most importantly our consultation was not rushed - he was not counting the minutes like most attorneys. Mr Cobb addressed all of our concerns and you can tell he has a passion for law.”
“I really appreciated Mr. Cobb steering me in the right direction regarding my legal matter. He was very helpful and honest.”
Frequently Asked Questions
Can you be charged with a sex crime without physical evidence?
Yes. Witness testimony and other admissible evidence may support charges even without DNA or additional physical evidence. The prosecution must still prove each required element beyond a reasonable doubt.
Can someone face online solicitation charges without meeting anyone in person?
Yes. Certain offenses involving electronic communications can be prosecuted based on prohibited online conduct without an in-person meeting.
Does every sex crime conviction require registration in Florida?
No. Registration depends on the qualifying offense and applicable statutory requirements. Some convictions trigger extensive reporting obligations, while others do not.
Can sex crime charges be dismissed before trial?
Yes. Dismissal may be possible when the evidence is legally insufficient, constitutional violations undermine the prosecution’s case, or other grounds support dismissal. The outcome depends on the circumstances.
Can text messages or social media conversations be used as evidence?
Yes. Electronic communications may be used as evidence when they satisfy applicable evidentiary requirements. Their authenticity, context, and connection to the accused may be disputed.
Can a false accusation lead to sex crime charges?
An allegation may prompt a criminal investigation, and charges may be filed if authorities believe the evidence supports prosecution. An accusation alone does not establish guilt, and the State must prove the offense beyond a reasonable doubt.
What is the difference between a sex crime investigation and a formal criminal charge?
An investigation involves gathering information about possible criminal conduct. Formal charges initiate prosecution for a specific alleged offense. Legal representation may be important during either stage.
When should I contact a sex crimes defense attorney?
Contact a sex crimes defense attorney as soon as you learn that you are under investigation or have been accused of an offense. Early legal advice may help protect your rights and preserve relevant evidence.
Protect Your Rights Against Sex Crime Allegations in Florida
Facing sexual battery, lewd conduct, online solicitation, or other sex crime allegations in Fort Walton Beach, Destin, Pensacola, Crestview, Panama City, or elsewhere in Northwest Florida? Whether you need a Florida sex crimes attorney or a sex offense lawyer, contact our office to discuss the allegations and your available legal options.