Tampa Sex Crimes Defense Lawyer

Sex crimes are some of the most serious charges you can receive. Beyond jail time and fines, you could lose your family, your status, or even your standing in the community. These crimes are serious, and a conviction could mean the end of your independence or freedom. They are not something you should attempt to handle on your own. In many cases, when a defendant works without a sex crime defense attorney, they end up making their situation worse. You need to take action to avoid charges or to defend yourself. To talk with Brett Metcalf about the allegations, call (813) 258-4800 for a free and confidential consultation.

Accused of a Sex Crime? Act Quickly to Defend Your Freedom

If you have been accused of a sex crime, charged with an alleged offense, or are worried you are about to be investigated for wrongdoing, you need to act quickly. While people are innocent until they are proven guilty, sex crimes carry negative social views, and it’s easy to be condemned in the court of public opinion. Whenever you are facing these allegations, working with a skilled criminal defense attorney is important to defending your rights. Attorney Brett Metcalf understands what is at stake when you are charged with sex crimes in Tampa, and he’s ready to defend your freedoms. Explain your situation during a free consultation.

Sex Crime Cases We Handle

At Brett Metcalf, Criminal Defense Attorneys, P.A., we are here to defend you against allegations of:

Sexual Assault and Battery

In Florida, sexual assault is described under Statute 794.011 as “oral, anal, or vaginal penetration by the sexual organ of another or vaginal or anal penetration of another by any object.” These offenses are felonies of varying degrees. What you are charged with will depend on the conduct that you are accused of committing. You need to talk with our sexual assault defense lawyers to discuss your options in your sexual assault charge defense.

Rape Allegations & Charges

Rape is one of the most serious crimes people can be accused of, which means finding the right defense attorney is critical. Under Florida law, rape is defined as sexual battery. Penalties vary based on the alleged victim’s age, your age, and whether force or a weapon was used to commit the act. Our rape defense attorneys aggressively defend against allegations of our clients engaging in non-consensual sexual intercourse. We have defended against allegations involving a victim who was allegedly helpless, incapacitated, coerced, or forced to engage in sexual conduct.

Sexual Performance by a Child/Child Pornography

Florida Statute 827.071 penalizes the creation, promotion, possession, or viewing of materials depicting children involved in sexual conduct. Child Pornography, also known as Child Sexual Abuse Material, is considered any type of medium that depicts minors in sexual situations or abuse. That means CSAM could be photos, movies, computer-generated material, or data. These charges often arise because of online police stings. Get help with your defense from a child pornography defense lawyer.

Sex with a Minor

When an adult has sex with a child, anyone between 12 and 17 years of age, they can be charged with sex with a minor. These felonies receive extreme focus and scrutiny from prosecutors and are handled with extreme prejudice. There are some defenses that can be used in cases where adults are accused of having sexual relations with someone younger than the legal age of consent, but it’s critical that you contact us to get started on your sex with a minor case.

Statutory Rape

Florida Statute 794.05 prohibits a person 24 years or older from engaging in sexual activity with a 16 or 17-year-old. The state considers this statutory rape, a second-degree felony. These offenses are similar to other crimes involving minors, but they carry higher penalties and consequences.

Prostitution & Solicitation

Prostitution, solicitation, and related offenses are prohibited in the Florida Statutes Chapter 796. We are here to defend you against allegations that you performed sexual conduct in exchange for money or something of value or that you purchased or attempted to purchase sexual conduct. Depending on the specific allegations against you, you may face a misdemeanor or felony.

Lewdness and Indecent Exposure

Our Tampa sex crimes lawyer defends individuals against allegations of unnatural and lascivious acts, exposure of their sexual organs, and lewd acts committed in a minor’s presence under Chapter 800. Lascivious acts and exposure are misdemeanor offenses. However, committing lewd acts with minors is a felony.

Sexual Offender Removal

Our firm works with many people who were convicted of sex offenses and forced to register as sex offenders. This measure, which lawmakers claim protects potential sex crime victims, brings with it an intense stigma. It can make moving forward in life extremely difficult. We have experience with winning our clients the right to have their names removed from the sex offender list.

Early Intervention is Essential

When you learn you are facing allegations of a sex crime, the best way to protect and defend yourself is to ask for legal advice right away. Early intervention is essential to improving the chance of avoiding charges or obtaining a dismissal.

Your sex crime lawyer will immediately take steps to protect your rights, limit the evidence against you, and fight for the charges to be reduced or dropped.

What to Do if You Are Being Investigated

You may learn you are being investigated by word of mouth. Your friends, family members, or coworkers may pass on the news that someone accused you of a sex offense. This is a frightening situation. The police may have been investigating you for days or weeks without your knowledge.

Do not call the police or contact the victim. Do not try to clear up a misunderstanding or prove your own innocence. Anything you say or do can be used against you. You may end up incriminating yourself by accident.

If you learn about the allegations when a detective or officer contacts you, politely decline to talk with them. Ask for their name and contact information, and tell them you will get back to them after contacting a sex crime attorney.

What to Expect During a Sex Crime Investigation

The process of a sex offense case can be lengthy. It can take months for you to be charged after someone accuses you of wrongdoing. Then it can take weeks or months for your case to progress through the court system.

Our sex crimes defense lawyers will guide you and protect your rights at each step.

Report of a Sex Crime:

Anyone can report a sex offense. In some cases, the alleged victim may file a report with the police. In other cases, someone who believes they witnessed criminal conduct may come forward. Another possibility is that your name was obtained through a police sting. Internet stings are often used to find individuals involved in prostitution and child pornography.

The Preliminary Investigation:

After the police are given information that indicates you may have committed a sex crime, they will enter into a preliminary investigation. During this time, the police may not contact you. Instead, they will gather evidence by speaking with the alleged victim, talking to witnesses, gathering evidence from a crime scene, and delving into your background and relationships with the victim.

Interviewing Witnesses:

One way the police gather information regarding an alleged sex offense is to thoroughly interview the alleged victim and any possible witnesses. The police do not limit themselves to witnesses of the exact crime. They may wish to talk with individuals who witnessed your interactions and relationship with the alleged victim before or after the crime. This can include your friends, fellow students, coworkers, and even relatives.

Contact by a Detective or Officer:

Once a police officer believes they have preliminary evidence against you, they will finally contact you. The officer may come to your home or office or give you a call. They may wish to speak with you at home or work or ask you to come down to the station. You should not talk with an office before speaking to an attorney. Ask for the officer’s name and contact information and politely decline the interview.

Charges and Arrest:

Once the police and prosecution believe they have enough evidence, you will be arrested and charged, or the prosecution will convene a grand jury and seek an indictment. Depending on the offense and the evidence available, the prosecution may be able to charge you by filing a complaint. Or, the prosecution may ask a grand jury to listen to the evidence and, if there is a finding of probable cause, indict you for a felony sex offense.

First Appearance in Court and Release From Jail:

Following your arrest, you will be brought to court for your first appearance. You will be told the charges against you and advised of your right to an attorney. At this time, you will also learn the conditions for your release, such as the amount of bail.

Contact a Tampa Criminal Defense Lawyer Today for a Free Consultation.

Why You Should Choose Brett Metcalf, Criminal Defense Attorneys, P.A.

By working with an accomplished defense attorney as soon as possible, you improve the chance that your attorney can steer the prosecutor away from wrongfully filing charges. Your attorney may present evidence that assures them of your innocence. If a prosecutor insists on pursuing the case, then Brett Metcalf, Criminal Defense Attorneys, P.A. will aggressively defend you in court.

Brett is known for getting results. He opened his private practice in Tampa in 2012. Since then, he has successfully defended many people against sex crime allegations and other crimes. As a prior prosecutor, he has firsthand knowledge of what it takes to gain and defeat a sex crime conviction.

He prosecuted many criminal cases in the State Attorney’s Office. He knows how prosecutors prepare for sex offense cases and he knows how to look for holes in their arguments. He is not afraid to aggressively pursue a pretrial dismissal or an acquittal at trial.

For Brett’s efforts and successes, he has garnered more than 70 five-star reviews and a perfect 10 rating on Avvo.com. In addition to his client reviews, he also has been recognized by respected legal organizations. The National Trial Lawyers named him part of the Top 40 Under 40 and the Top 100 Trial Lawyers.

Florida Sex Crimes FAQ

Who Must Be Listed on Florida’s Sex Offender Registry?

Any individual who has been convicted of a qualifying sexual offense must be registered as a sex offender. Qualifying adult convictions include:

Sexual misconduct
Kidnapping where the victim is a minor
Luring or enticing a child
Human trafficking
Sexual battery
Unlawful sexual activity with a minor
Procuring a person under the age of 18 for prostitution

For the full list of qualifying adult offenses, see section 1 subsection a. (I).

Should I Consent to Having My Computer Searched by Police?

Consenting to a search without speaking to an attorney first is never wise. If you do consent, police don’t need a warrant, even if you limited the scope of your consent. What they find can be misinterpreted or used against you in ways you may not realize.

What is the Age of Consent in Florida?

In Florida, the age of consent for sexual relations is 18. However, Florida has a Romeo and Juliet exemption which eliminates the requirement for an 18-year-old to register as a sex offender for having consensual sex with a minor if the age difference between them is no more than four years.

This law protects teenagers and young adults from having to register as sex offenders if they engage in consensual sex with someone close to their own age.

Consequences of a Sex Crime Conviction in Florida

If you are convicted of a sex offense in Florida, you can expect to go through several penalties, including incarceration, fines, and sex offender registration. You also will face many additional consequences once you are released from jail or prison.

Incarceration and Fines

The term of imprisonment you face depends on the level of the charge. Misdemeanors and felonies are divided into different degrees, and each degree has a different minimum and maximum term of incarceration.

First-degree misdemeanors are punishable by up to one year in jail. However, many sex crimes are felonies, which are divided between third, second, and third degrees, which are punishable with up to five, 15, and 30 years, respectively.

In addition to incarceration, you will be fined. A first-degree misdemeanor is fined up to $1,000. Felonies are can be fined up to $5,000 or $10,000.

Sex Offender Registration

One of the harshest penalties of a sex crime conviction is sex offender registration. Once you are released from jail or prison, you must register with your local law enforcement agency. To avoid this, an experienced sex offender attorney is essential. You will be fingerprinted and photographed. Your name, photos, crime, and other personal information will be published as part of a public sex offender list.

Depending on the offense you were convicted of, your ability to work with or live near children may be restricted. You also may face geographic limitations depending on the county where you live or work.

If you fail to register when required by law to do so, you can face a third-degree felony charge.

Are There Other Consequences if I’m Convicted of a Sex Crime in Florida?

There are many collateral consequences of a sex crime conviction, whether it was a misdemeanor or felony. Social ostracization is a significant issue. Once you are released from jail or prison, it can be very hard to settle into a community. Matters are only made worse if your name is on the sex offender registry.

It can be difficult to get and maintain a job. Many businesses hesitate to work with individuals convicted of crimes, and they may not be comfortable with someone convicted of a sex offense working near customers or other workers.

Additionally, your career prospects can be limited by your ineligibility for certain professional licenses. Conviction of a sex crime can make you ineligible for certain professions, like teaching. It can also make it difficult to obtain a license you are eligible for because the profession’s governing body may have ethical concerns.

A sex crime conviction can also lead to difficulties finding a place to live and traveling in the U.S. or abroad. Your children’s parent can use it to ask a court to decrease or eliminate your time with your children. If you are not a U.S. citizen, you may become ineligible for naturalization or permanent residency. If you are undocumented, you may face deportation.

How Do I Defend Against a Sex Crime Allegation?

You cannot defend yourself against allegations of a sex crime. You must have a sex crime lawyer to effectively protect yourself.

Your defense begins before the police question you. Once you are contacted or arrested, you need to call an attorney. You should not respond to the police officer’s questions without a criminal attorneys in Tampa present. Anything you say or do can be used against you—and the police will twist your words and try to manipulate you into incriminating yourself.

Keep in mind, the police can lie to you during an interview. The only way to keep your facts straight and avoid incriminating yourself is to work with Brett Metcalf, Criminal Defense Attorneys, P.A.

With experienced criminal attorneys in Tampa on your case, you can be confident that someone with your best interests in mind investigates the facts. We will get your side of the story. We will gather as much evidence as possible, including witness testimony and electronic data.

We will thoroughly review all of the evidence to determine the strongest possible defense.

There are many potential defenses to an alleged sex offense, including:

Consent:

You may have proof that the other person consented to the sexual contact. Although, keep in mind that consent is not a defense to allegations of a sex crime against a minor.

Insanity:

Insanity is rarely an applicable defense. However, we may be able to present evidence that due to a mental defect or disease, you were unable to understand the consequences of your actions.

Involuntary Intoxication:

Generally, intoxication, such as drinking too much, is not a defense. However, involuntary intoxication can be a defense. If you were drugged without your consent, and while incapacitated, you are alleged to have caused someone harm, involuntary intoxication can be an effective defense. This can prove you lacked the necessary intent to commit the crime.

The Alleged Victim Lied About Their Age:

Mistake of age is typically not a defense. You usually cannot claim that you simply did not know the alleged victim was a minor. However, it is important to tell us if you believed the other party was over 18 and whether the alleged victim claimed to be an adult. You may not have had any reason to believe the other person was a minor.

Lack of Possession:

This is often an important defense against child pornography charges. You may be completely unaware of certain files on a device in your home or office. You may have never intentionally downloaded or viewed child pornography. We will argue your lack of possession and lack of intent to defeat these charges.

False Accusations:

We may be able to present evidence that your accuser is lying. In some cases, we find evidence of ulterior motives, such as jealousy, regret, manipulation of a divorce or child custody case, or mental illness.

Mistake of Identity:

Tragically, the victim may have suffered a traumatic crime. However, you may not be the perpetrator. We will vigorously defend you against charges involving a mistake of identity, and we will put forth evidence of your alibi for the time of the offense.

When Should You Take Your Case to Trial?

One of the reasons it is important to hire a sex crime lawyer is to have a candid conversation regarding the likely outcome of a trial and the advantages and disadvantages of going to trial.

Following discovery and pretrial motions, your attorney will have a candid discussion with you about where your case stands. Your attorney will have analyzed the strength and weaknesses of the prosecution’s case as well as your own defense.

You may have a strong defense that makes an acquittal likely. Or, winning an innocent verdict may seem like a long shot.

With all of that information, you can decide what is best for you and your future. Going to trial and pursuing an acquittal may be right for you. Or, pleading guilty in exchange for a plea deal may help you mitigate the consequences of a conviction.

Call Our Tampa Sex Crimes Law Firm Today

Despite know calling an attorney is the right move, it can be challenging to determine which firm is the best. We recommend contacting Brett Metcalf, Criminal Defense Attorneys, P.A. at (813) 856-1601 to talk with Brett in person.

The firm is available 24/7 to take your call and get started on your defense.