Sex Crimes Defense

Sex Crime Charges Under Florida Law How Florida Prosecutors Pursue Sex Crime Allegations In Brevard County, sex crime cases are prosecuted by the State Attorney’s Office for the 18th Judicial Circuit, with filings typically initiated in Viera depending on offense level. Law enforcement agencies across Rockledge, Melbourne, Cocoa, Titusville, and Palm Bay investigate these cases, often relying on forensic interviews, digital evidence, and corroborating witness statements. Charging decisions frequently reflect the alleged victim’s age, the presence or absence of force, and any claimed position of authority or trust. What the State Must Prove The State must establish each statutory element of the charged offense beyond a reasonable doubt, including the nature of the sexual conduct, lack of consent when required, and the defendant’s identity and intent. In cases involving minors, consent is not a defense under Florida law, and proof centers on age and conduct rather than force. Corroboration requirements and evidentiary sufficiency are evaluated under Florida Rules of Evidence and controlling appellate precedent. How Sex Crime Charges Escalate Sex offenses are commonly charged as misdemeanors or felonies depending on severity, victim age, use of force, and prior convictions. Aggravating factors such as use of a deadly weapon, multiple counts, or repeat allegations can elevate charges to first-degree felony or life felony status under Chapter 794 and Chapter 800, Florida Statutes. Prosecutors in Brevard County routinely file multiple alternative counts arising from a single investigation. Procedural and Evidentiary Issues Sex crime prosecutions often involve motions addressing admissibility of statements, forensic examinations, digital searches, and prior bad acts evidence under section 90.404, Florida Statutes. Pretrial litigation may include challenges to search warrants for electronic devices, suppression of custodial statements, and limitations on expert testimony. In the 18th Judicial Circuit, courts closely scrutinize compliance with statutory interview and evidence-handling requirements. Penalty Exposure Under Florida Law Penalty ranges depend on offense classification and date of offense, with life felonies punishable by lengthy prison terms and potential life imprisonment in qualifying cases. First-degree felonies carry exposure of up to 30 years’ imprisonment, second-degree felonies up to 15 years, and third-degree felonies up to 5 years. Misdemeanor sex offenses may still result in incarceration, probation, and court-imposed conditions. Collateral Consequences Beyond incarceration, convictions may result in mandatory sex offender or sexual predator registration, restrictions on residence and employment, and long-term supervision requirements. Additional consequences can include loss of professional licenses, educational opportunities, and lasting reputational harm. These effects are often permanent and apply regardless of whether a prison sentence is imposed. Statutory Classification of Sex Offenses Florida law broadly categorizes sex crimes as forcible or non-forcible offenses, though both are treated as serious criminal allegations. Forcible offenses include sexual battery and forcible fondling, while non-forcible offenses encompass statutory sexual activity, indecent exposure, child pornography offenses, solicitation, incest, and related conduct. Each offense is defined and penalized according to specific statutory provisions within Florida law.