Sex Crimes

Miami Sex Crimes Defense Lawyer

Criminal penalties for sex crimes range from the death penalty (i.e., capital sexual battery) to a potential dismissal through a pre-trial diversion program (i.e., prostitution or indecent exposure). Issues which determine severity of the offense are:
Whether there was a victim. If it is a victimless crime such as prostitution or indecent exposure, dismissal of the charge may be possible through a pre-trial diversion program.
If a victim exists, one must then determine the type of contact alleged. If the contact is lewd or lascivious, an example of the contact may be the touching of a breast. If the contact relates to a sexual battery, the offense may include oral, digital or penile penetration.
The age of the victim. If the victim is below the age of 12, the penalty is the most severe with sentences going up to life incarceration. If the victim is below the age of 12 and there are injuries to the sexual organs of the victim, the maximum penalty is death.
Child victim cases require special consideration. These cases are usually investigated by child protection teams within law enforcement agencies and prosecutors have particular policies regarding these cases. For example, the defense attorney must be aware of the policy of the prosecutor regarding how plea offers may be altered or terminated if the defense attorney interviews the child victim. Psychological profiles of the accused and the victims are very important in determining what defenses may be available.