Florida Sexual Assault Defense Attorney
A Sexual Assault Defense Attorney Protecting Your Rights and Freedoms in Florida
In Florida, sexual assault is a serious criminal charge that has the potential to drastically change lives—both for the alleged victim and the accused.
Even an accusation of sexual assault can lead to reputational damage for one or both parties. The consequences of a conviction extend far beyond that, to extensive prison time, fines, and registration on the sex offender’s registry. A lifelong criminal record can also negatively impact employment, travel, immigration status, and more.
Nobody is found guilty of a sex crime without having the right to defend themselves in the U.S. If you are wrongly accused of sexual assault or battery in the Miami area of Florida, it is essential, therefore, to fight the charges with the help of experienced sexual assault attorney, Nayib Hassan.
What is sexual assault and battery in Florida?
It is an incorrect assumption that only individuals of a specific race, age or gender commit sex crimes. At the same time, it is an incorrect assumption that those accused of the offense are always guilty of it.
Sexual assault or “rape” are the commonly used terms for violent sex crimes in Florida. However, the crime is more accurately termed “sexual battery” in many legal cases.
in Florida, sexual battery is defined as the “oral, anal, or vaginal penetration by, or with the sexual organ of another or the vaginal or anal penetration of another by any other object” without an individual’s consent.
The question of consent is central to the majority of sexual battery cases. However, it is important to note that certain individuals cannot legally consent to sexual activity under Florida law:
- Individuals under the age of 18: the exception is unless the other party is aged 23 or younger and the relationship is consensual under Florida’s “Romeo and Juliet” law.
- Mentally incapacitated individuals
- Individuals who are drunk or under the influence of other drugs
Any instance of sexual penetration where consent is not provided by the alleged victim is considered to be rape, which is by definition a violent act. This can include rape within a marriage. Under Florida law, a nonconsensual sexual battery offense does not need to result in bodily injury or even threats of violence to be considered violent or “rape.”
Why hire a sexual assault defense lawyer in Florida?
The potentially life-changing penalties associated with sexual assault make it essential to hire legal representation for any sex crime charge in Florida.
For defendants who are wrongly accused of sexual assault, it is an especially stressful time as they must often deal with the legal, professional, and personal consequences of their actions.
Being able to rely on the guidance of an experienced sexual assault attorney can help defendants navigate troubled times, which can be a great relief. An attorney can investigate the alleged offense in detail and help piece together what happened.
From the day we take your case on, Nayib Hassan will guide you through the legal hurdles, explain the legal procedures, and prepare a defense aimed at clearing your name.
What types of sex crime cases do we handle?
Sex crimes are wide-ranging, but all have serious consequences and must be treated seriously. As well as sexual assault or rape charges, we can assist with defending the following sex crime charges:
- Voyeurism
- Exhibitionism
- Unwanted sexual kissing or fondling
- Child pornography
- Forced sexual acts
- Sexual harassment
Is sexual assault a felony or misdemeanor in Florida?
Sexual assault penalties range widely depending on the circumstances of the case. All rape cases are classified as felonies in Florida even if the assault or battery was attempted but not carried out.
In less serious cases, sexual assault can be classified as a misdemeanor offense, with the possibility of probation instead of prison in some cases.
In the most serious felony cases, where the alleged rape victim is under 12 years of age, capital punishment is possible. But all felonies potentially involve significant prison time in Florida.
First-degree felony
For a first-degree felony charge, the punishment can be as serious as life imprisonment without the possibility of parole. If the accused is 18 years or older and the alleged victim is between 12 and i8 years of age or mentally incapacitated and unable to give consent to sexual activity, a first-degree felony charge may apply. A lesser charge may also be upgraded to a first-degree felony if a weapon was used in the commission of the assault.
Second-degree felony
A second-degree felony conviction for sexual assault can lead to a prison sentence of up to 15 years and a maximum fine of $10,000 in Florida.
Third-degree felony
There is no minimum sentence for a third-degree felony in Florida but a maximum sentence of five years in prison applies, along with a maximum fine of $5,000.
A third-degree felony for sexual assault may result when a parent or guardian forces a minor child to perform sexual acts with other people. This charge is less common in Florida than many other sexual assault charges.
Other penalties for sexual assault
A conviction for sexual assault may require lifetime registration on the National Sex Offender Registry.
Other consequences that can affect one’s future include prohibition from certain types of employment, travel restrictions, and a potential impact on immigration status for non-US citizens.
What are the elements required for a sexual assault conviction in Florida?
For an individual to be convicted of sexual battery (rape), the prosecution needs to prove beyond a reasonable doubt that:
The defendant engaged in oral, vaginal, or anal penetration of the victim with a sexual organ or another object, or
There was a union by the defendant’s sexual organ with the victim’s mouth, vagina, or anus.
If the rape victim is under the age of twelve, the prosecutor does not have to show the victim’s lack of consent as this is presumed. If the rape victim is over the age of twelve, the prosecutor must show that the victim did not consent voluntarily.
The prosecution does not need to prove resistance or protest to achieve a conviction for rape.
What counts as evidence of sexual assault?
Evidence of sexual assault can include fingerprints, saliva, semen, blood, hair, and other forms of DNA evidence.
The prosecution may also introduce items of bedding, clothing, and any other items that might contain traces of the perpetrator’s genetic material as evidence.
What is the statute of limitations for pressing sexual assault charges in Florida?
To charge someone with sexual assault or battery in Florida, the alleged offense must be reported to the police within 72 hours. There is no statute of limitations for filing a lawsuit in this situation.
If the attack is not reported within the 72-hour timeframe, the statute of limitations for pressing charges is three or four years, depending on the degree of the alleged offense.
If the victim is aged under 16, there is no statute of limitations for pressing charges in Florida. If the victim is 16 or 17, the statute of limitations is three years.
If you require legal representation or have been charged with sexual assault in Miami, please do not hesitate to contact us online or by phone at (305) 403-7323.
When to Contact a Federal Criminal Defense Lawyer
Nothing is more important than picking up the phone and contacting a criminal defense attorney after being accused of or arrested on a criminal charge as severe as sexual assault. Even if you haven’t been arrested yet and the police are simply investigating their suspicions, it is in your best interest to pursue legal counsel as soon as you are able to.
At the Law Office of Nayib Hassan, we know that bargaining for lesser charges is often not in the best interest of the client. Many prosecutors will put the pressure on in order to secure a guilty plea, often leading the accused into believing that there’s no way they will be found innocent in a court of law. However, our clients often stand the best chance of being proven innocent or having the charges dropped if we proceed with a trial.
We’ll investigate the evidence available in your case and will exhaust every possible resource in order to put together a strong, compelling defense that meets the prosecution at every turn. We will fight zealously for your rights under the law, regardless of the crime you have been charged with.
Don’t wait to get legal help if you or someone you love have been arrested for a crime or have been accused of committing a crime. Contact Law Office of Nayib Hassan today for a consultation to discuss the details of your case and to determine what the next best step should be.
