Q: What experience does Musca Law Firm have fighting sex crime convictions?
A: Our defense team has over 100 years combined experience in criminal defense. Our sex crime attorneys are well known for their knowledge and experience defending sex crime clients in Florida and federal cases. We also are regularly called upon to co-counsel in proceedings and trials in other states.
Q: Does a sex crime conviction mean prison?
A: Many sex crimes result in serious felony charges. A felony conviction does mean at least 1 year or more in prison. A lesser misdemeanor charge will result in up to 1 year in jail. Conviction on a federal sex crime will carry a mandatory minimum prison sentence. This means that there is little or no “gain time” or “earned time” credited to the original sentence and the full sentence must be served. Additionally, sex crimes can be filed in civil and in criminal courts.
Q: What defense is possible for a sex crime?
A: In Florida, much weight is given to claims by the victim of a sex offense. Two defense claims are valid in these cases: consent and false allegation. “Victims” are known to frequently lie in sex crime allegations in order to place all the blame of a sexual encounter on the accused. A good criminal defense team will work hard to prove sex crime claims are invalid.
Q: What if investigators have proof of a sex crime?
A: Investigators’ results can be proven inaccurate or to have skewed the victim’s testimony against the suspect. Defending against sex crime claims may involve proving testimony was tainted or that the constitutional rights of the suspect were violated by search procedures producing illegally obtained evidence that can be suppressed by the defense team.
Q: What is the statute of limitations for Florida sex crimes?
A: A victim can take action for four years in most situations. Charges of aggravated rape or a sex offense resulting in death have no SOL. If new DNA evidence is discovered even after the SOL runs out, charges may be filed by the victim. In the case of a civil lawsuit for incest or sexual abuse, charges can be filed up until the victim turns 25 years of age. Exceptions beyond the 4 year time frame may exist in cases where the victim was dependent upon the offender or when an injury due to abuse is discovered. Adult victims have 4 years to file under a delayed discovery rule at the time of discovery if the abuse happened before they discovered the actions were abuse. There is a 2 year SOL for sexual assault and battery claims and second degree misdemeanors and a 1 year SOL for first degree misdemeanors.
Q: Is there a death penalty for a sex crime?
A: Any sexual offense that results in death of the victim can put the offender at risk of receiving the death penalty in Florida.
Q: Do convictions of sex crimes always mean I have to register as a sex offender?
A: Yes, for life. You will need to change your driver’s license to one that is marked as a sex offender license. You must update current personal and residential information regularly forever and this information is made public. The National Sex Offender Registry also will feature your current headshot photograph and details of your conviction.
Q: What are the ramifications of sex offender registration?
A: You will bear the burden of a conviction the rest of your life. Employers may not want to hire you and you may find it difficult to rent or buy housing. Where you live and where you can go for life will be restricted. Your friends and family may be embarrassed. If you neglect to maintain current information you may be arrested; if you are on parole you may be sent back to prison for violating the terms of your release.
Q: What about plea bargains?
A: A plea bargain negotiation is something you should entrust only to your sex crime attorney, who will confer with you and make the plea on your behalf – with your agreement, understanding and permission. Plea bargains generally are looked upon as the same as a guilty plea. You may be able to do better without a plea bargain if you have the defense skills of experienced sex crimes attorneys on your side.
Q: Who can I talk to?
A: It is important that you speak about a sex crime with no one other than your criminal defense lawyer. Otherwise, you may give up an opportunity for a plea bargain, a plea of not guilty or your constitutional rights. If you say the wrong thing to the wrong people, it may damage your case and chances for freedom.
Q: Where is Musca Law Firm located in Florida?
A: Musca Law Firm has attorney offices in four Florida cities: Miami, Orlando, Tampa and Jacksonville. We serve clients across Florida and in other states. Musca Law Firm defends clients who have been arrested for or charged with sex crimes as well as for all criminal law offenses. The Musca Law Firm defends clients who have been charged in state and federal court, on Florida and federal offenses. We also co-counsel cases in states outside of Florida’s jurisdiction. To contact Musca Law Firm, use the website contact form or call the toll-free telephone number. Get a no obligation review of your sex crime case now.
