If you are facing a sex crimes charge in Florida, you are likely worried about the consequences that could follow a conviction, but you should also be concerned with the fact that that the mere allegation could seriously impact every facet of your life. With most sex crimes in the state, sentences can include massive fines, decades in prison, and the possibility of being required to register as a sex offender.
With considerable experience as both a prosecutor and a defender, Sarasota sexual assault attorney Erika Valcarcel can anticipate the prosecution’s case in order to build the strongest possible defense strategy. She will work tirelessly to protect your rights and present your case in the best possible light.
Call (941) 363-7900 today to see how our Florida criminal lawyers can help get your charges can be reduced or dismissed, if possible.
Understanding Sex Crimes in Florida
While sexual battery is synonymous with rape and occurs when a victim is forced to engage in sexual intercourse against their will, there are several other sex offenses that can devastate the lives of everyone involved. These include, but are not limited to:
• Indecent assault
• Attempted rape
• Sodomy
• Child molestation
• Sexual harassment
• Any action that involves sexual contact without the victim’s consent
The prosecution must prove a number of elements to obtain a conviction. In cases involving rape, it must be proven that the individual used a sexual organ or another object to penetrate the victim. If penetration cannot be proven, the prosecutor will be forced to pursue other charges, such as attempted sexual battery. The victim’s lack of consent must also be displayed. The crime of sexual battery can only be committed if voluntary consent is absent. In cases where the victim is under the age of 12, however, lack of consent is irrelevant. The victim’s young age implies that sexual battery has been committed.
Defenses to Sexual Offenses
An experienced sexual assault attorney may be able to get your charges eliminated through certain strategies. The first line of defense to a sex crime is claiming mistaken identity. Eyewitness testimony is notoriously unreliable, and it is possible that you were falsely labeled as the perpetrator. It might also be the case that the intercourse was consensual. A person may regret having sex after the fact and wrongfully accuse an individual. In addition, the victim might have initially agreed to the intercourse, but then objected once the act began. This could lead to confusion as to whether a rape occurred.
A less commonly used defense is claiming insanity. Those with mental disorders that inhibit self-control, for example, are not typically held responsible for their actions. With this defense, it is also argued that the individual being charged did not have the ability to form criminal intent, nor did they understand that what they were doing was unlawful.
Contact Erika Valcarcel, Criminal Defense Lawyer, P.A. Today
A sex crimes conviction can be devastating. Your family may suffer if you are sent to prison, and your career might be all but destroyed. It might also be difficult to continue your education once you are released from prison and forced to register as a sex offender. Most colleges and universities vet applicants before they are admitted and many scholarships are off-limits to those with criminal records. Attorney Erika Valcarcel realizes that when it comes to a criminal conviction, no area of life is left unaffected. She will listen to your side of the story and paint a complete picture. With all of the details, your case can be portrayed in a positive light.
Call (941) 363-7900 to see how Erika Valcarcel, Criminal Defense Lawyer, P.A. can protect your rights and your freedom.
"Erika Valcarcel, Criminal Defense Lawyer, P.A. is the best you will find. Erika Valcarcel is completely honest and straightforward. She took a huge burden off my shoulders many times during difficult periods of my life knowing that she was doing everything that that could and should be done. Her knowledge is extensive and her advice has always been right on the mark. She is worth every penny of the fee she charges. You cannot go wrong securing her services."
Joni A. | Sarasota County
Domestic Violence Charges Dismissed in 10 Days
When a client was arrested for battery after an altercation with his girlfriend, he immediately contacted attorney Erika Valcarcel. The client was adamant that the entire situation was a misunderstanding, but nevertheless he was looking at a domestic violence conviction and potentially up to a year in jail. We acted fast on his behalf and discussed the situation with the State attorney’s office. We informed the prosecutor that our client's girlfriend did not want to proceed and highlighted the weaknesses in their case. Once they were aware of these developments, we successfully arranged to have the charges dismissed. This was all before our client's first court date and impressively all done within 10 days of the initial arrest.
