Daytona Beach Sex Crimes Attorney

Defending Against Sex Crime Charges in Florida

Sex crime charges not only can lead to devastating legal repercussions, but also tend to create a social stigma. Depending on the severity of the crime, penalties could include prison, probation, community service, a permanent criminal record, and a lifetime of being ordered to register as a sex offender. Employing a competent sex crime attorney in Daytona Beach can make a difference in how effectively your case is managed.

Why Choose Our Sex Crime Lawyers?

• Over 40+ years of collective legal experience
• Former prosecutor providing powerhouse defense
• Trial-tested advocacy and compassionate counsel
• Avvo Clients’ Choice of Criminal Defense Lawyer - 2015 Award

If you or someone you know has recently been arrested, or is currently under investigation for any type of sex crime, you need to immediately retain a qualified Daytona Beach defense attorney to help you protect your legal rights and start preparing your defense. It is also vitally important that you exercise your basic right to remain silent about your case until your lawyer is present. Saying the wrong thing, however helpful you think it may be, can be detrimental to the outcome of your case.

Schedule your initial consultation online or call (888) 785-6548 to speak with our sex crimes attorney in Daytona Beach today!

Types of Sex Crimes We Defend in Daytona Beach

At Buckmaster & Ellzey, we understand how devastating these types of charges can be to many different areas of a client's life. We truly believe there is a workable solution in each case we represent, and we work tirelessly to find the most advantageous angles for building an effective defensive strategy.

We provide excellent defense against sex crime charges that include:

• Rape
• Prostitution
• Solicitation of a minor
• Child pornography
• Sexual abuse
• Sex-related internet crimes

We are extremely well-versed in criminal law and our firm can provide the high level of representation you need throughout the entire course of your case, both in and out of the courtroom. We zealously advocate for our clients' rights and fight for the best possible result. We are ready to help you avoid or minimize the drastic penalties associated with your charges.

Understanding Sex Crime Laws in Florida

In Florida, a wide range of offenses fall under the category of sex crimes, many of which are defined in Florida Statutes Chapter 794 and Chapter 800. The law categorizes sex crimes into different degrees based on the circumstances of the offense, such as the use of force, the victim's age, and their capacity to consent. 

Unlike other offenses, the penalties for sex crimes in Florida are not over after a sentence is served. A conviction often leads to lifelong registration as a sex offender, which severely impacts a person's life. A knowledgeable Daytona Beach sex crimes lawyer will meticulously analyze the specific statute under which you are charged to find any weaknesses in the prosecution's case.

Key Elements the Prosecution Must Prove

To secure a conviction for a sex crime, the prosecution must prove several key elements beyond a reasonable doubt. These elements vary depending on the specific offense but generally revolve around the concepts of a "non-consensual" act and "unlawful sexual contact."

• Non-consensual Act: The state must prove that the sexual contact or activity occurred without the victim's intelligent, knowing, and voluntary consent.
• Unlawful Sexual Contact: The state must prove that the defendant engaged in sexual activity that is prohibited by law. This can include acts that do not involve force, such as those involving a minor or a person who is mentally incapacitated.
• Force, Threats, or Deceit: For many felony sex crimes, the state must prove that the defendant used force, threats of force, or deceit to compel the victim to engage in a sexual act.

The prosecution's case often relies on the testimony of the alleged victim, other witnesses, and complex forensic evidence. As a seasoned sex crimes attorney in Daytona Beach, we will challenge the government's evidence at every turn, scrutinizing the methods used to collect and analyze the evidence and questioning the credibility of their witnesses.

Classifications and Degrees of Sex Offenses in Florida

Florida law categorizes sex offenses into misdemeanors and felonies, with a specific focus on the severity of the act and the victim's age. The penalties increase significantly with the severity of the charge.

• Misdemeanor Sex Crimes: These are less severe offenses, such as prostitution or indecent exposure. A first-time offense for indecent exposure is a first-degree misdemeanor, punishable by up to 1 year in jail and a fine of up to $1,000. Penalties increase for subsequent offenses.
• Felony Sex Crimes: These are the most serious offenses, including sexual battery, lewd and lascivious acts, and child pornography. A conviction for a felony sex crime can result in a lengthy prison sentence, mandatory sex offender registration, and other severe penalties.

A knowledgeable Daytona Beach sex crimes lawyer will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Penalties of a Sex Crime Conviction in Florida

The direct legal penalties for a sex crime conviction in Florida are steep and often include:

• Incarceration: Jail or prison time, ranging from a few months for a misdemeanor to life in prison or the death penalty for a serious felony.
• Fines: Fines can be substantial, often reaching into the thousands or tens of thousands of dollars.
• Probation and Supervised Release: A conviction will likely be followed by a period of supervised probation, during which you must adhere to strict conditions. A violation of these terms can lead to re-incarceration.
• Mandatory Registration: A conviction for most sex crimes requires mandatory registration as a sex offender, which is a severe and permanent consequence that will follow you for the rest of your life.
• Mandatory Counseling: The court may order you to attend various programs, such as sex offender treatment.

Sex Offender Registry in Florida

A conviction for many sex crimes in Florida comes with the severe and often permanent consequence of mandatory registration on the state's public Sex Offender and Predator Registry. This is not a punishment that ends after a prison sentence or probation is served; it is a lifelong requirement that can significantly impact every facet of an individual's life.

The Florida Department of Law Enforcement (FDLE) maintains the registry, and it is a public database that includes detailed information about the offender, including:

• Name
• Date of birth
• Physical description
• Photograph
• Residential, work, and school addresses

Offenders are categorized into different levels based on the severity of their crime and their assessed risk to the community. An experienced sex crimes attorney in Daytona Beach can help you understand if you are eligible for removal from the registry and guide you through the complex legal process.

Building a Strategic Defense Against Sex Crimes Charges

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. As a seasoned Daytona Beach sex crimes lawyer, we will leverage every possible defense, including:

• Consent: In cases where the victim is of age, we can argue that the sexual activity was consensual and that the prosecution has not proven otherwise.
• False Accusations: We can argue that the alleged victim fabricated the accusations out of anger, jealousy, or a desire for revenge. This is a common defense in cases where the accuser and accused know each other.
• Insufficient Evidence: The prosecution must prove its case beyond a reasonable doubt. We will argue that the evidence presented is not sufficient to meet this high standard, either because the witness testimony is inconsistent or the forensic evidence is flawed.
• Mistaken Identity: We can argue that you have been misidentified as the person who committed the crime.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.

Why Choose Buckmaster & Ellzey

When your future is on the line, you cannot afford to work with an attorney who is less than fully devoted to your case. At Buckmaster & Ellzey, we are dedicated to protecting your rights and prepared to go the distance. We are a team of experienced, compassionate advocates ready to stand by your side.

• Unmatched Prosecutorial Insight: Our firm's founder is a former Assistant State Attorney. This experience provides us with an extensive understanding of how prosecutors think and build their cases, offering a significant advantage in your defense.
• Decades of Collective Experience: With over 40 years of collective experience, we have a proven track record of success in handling a wide range of legal matters. We are zealous advocates committed to each and every client.
• Personalized, Client-Focused Representation: We understand that legal issues can be overwhelming. We take the time to listen to your concerns, explain your options, and develop a customized strategy for the best possible outcome.
• Compassionate & Aggressive Advocacy: Our attorneys are personally committed to each client, providing compassionate and responsive guidance while delivering aggressive representation both in and out of the courtroom.

Don't face your legal challenges alone. Contact us today to schedule a consultation with our experienced Daytona Beach attorneys.

For solid legal advice and aggressive, competent representation in any type of sexual-related criminal allegations, contact a Daytona Beach sex crimes attorney by calling (888) 785-6548 or reaching out online at our firm now.

Frequently Asked Questions

What rights do I have during a sex crime investigation?

You have the right to remain silent and to request an attorney before answering any questions. These rights protect you from self-incrimination and potential law enforcement overreach. You also have the right to know the charges being investigated and to review the evidence used against you. Invoking these rights early is critical. At Buckmaster & Ellzey, we make sure your rights are protected from the start and help you navigate the legal process with informed, strategic guidance.

What happens if I’m falsely accused of a sex crime?

False accusations are serious and require immediate legal action. Even without a conviction, the allegation alone can damage your reputation and livelihood. If you're falsely accused, it’s essential to avoid speaking with investigators without an attorney. We work quickly to gather exculpatory evidence, challenge unreliable testimony, and expose inconsistencies in the accuser’s statements to defend your name and freedom.

Is it possible to avoid jail time for a sex crime in Florida?

While some sex crimes carry mandatory minimum prison sentences, others do not. Depending on the charge, your criminal history, and the strength of the evidence, alternatives like probation, diversion programs, or reduced charges may be possible. A skilled defense lawyer can work to negotiate favorable terms or argue for non-custodial sentencing. Each case is different, and we explore every legal option to limit or avoid incarceration.