Tampa Sex Crimes

Criminal Defense

Men Resolve Sexual Abuse Claims Against Catholic Diocese

View Case Result

Have you been accused of sexual misconduct? Whether or not you have been charged or contacted by the police, you need to call a sex crime lawyer. This is not something you can clear up on your own—and you should not try to. 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.

Why You Should Choose Brett Metcalf, Criminal Defense Attorney, 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 Attorney, 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.

Sex Crime Cases We Handle

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

Sexual Assault and Battery

Florida’s sexual battery law, Florida Statute 794.011, covers a number of sex crime offenses, including what many consider rape and sexual assault against adults and minors. Sexually battery is defined as oral, anal, or vaginal penetration by the sexual organ of another or vaginal or anal penetration of another by any object. Sexual battery offenses are felonies, though the degree of the felony depends on your specific conduct, whether a weapon was used, whether the victim suffered serious bodily injury and the age of the victim.

Rape

Our sex crimes defense attorneys aggressively defend against allegations of our clients engaging in non-consensual sexual intercourse. We have defended against allegations of 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 includes any type of medium, including photos, movies, a computer depiction, or data. These charges often arise because of online police stings. If you are wrongfully accused of having child pornography because of a sting, call us immediately.

Sex with a Minor

You can be charged with a crime for sexual conduct with minors under various laws. Florida Statute 794.05 prohibits a person 24 years or older from engaging in sexual activity with a 16 or 17-year-old. This is similar to a statutory rape offense and is a second-degree felony. When someone over 18 years old performs sex with a person between 12 and 17 years old, this is a first-degree felony under Florida’s sexual battery statute. When someone engages in sexual activity with a minor between 12 and 16 years old, they can be charged with lewd or lascivious battery. This also is a second-degree felony. We defend against all of these crimes and others.

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 sex crimes criminal lawyers defend 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 a sex offender. 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 also will learn the conditions for your release, such as the amount of bail.

What Our Clients Are Saying

Brett is the best attorney I’ve ever had. I would recommend his services to anyone in need.
Pink Taylor

09.18.2019

“Brett is the best attorney I’ve ever had. I would recommend his services to anyone in need. Most lawyers just want the money, ignore your calls, and settle for deals. Not Brett! He answered and returned every call! Every penny…

5 Stars Review 5

Pink Taylor

Read Full Review

08.14.2019

“He did an amazing job for me in Polk County! When I got involved in a situation that needed a criminal lawyer, I was terrified. Having only lived in Florida a few years, I was not prepared for the complexity…

5 Stars Review 5

Lisa Welsh

Read Full Review

01.11.2019

“Mr. Metcalf is very knowledgeable, friendly, and on top of things. In the midst of my confusion and thoughts of the worst possible outcome, Mr. Metcalf took charge and handled the situation with professionalism and tact. I am very pleased…

5 Stars Review 5

Sherry Violet

Read Full Review

08.06.2018

“Brett is an extremely knowledgeable attorney who is a straight shooter, hard worker, and always willing to go the extra mile to fight for his clients. I’ve had to use him two separate times and was more than pleased with…

5 Stars Review 5

Ryan Belden

Read Full Review

06.19.2017

“Brett went far out of his way for my multiple cases and managed to keep me a free man even with all the charges that were put on me. 100% behind him from Plant City.”

5 Stars Review 5

Issac Thomas

Read Full Review

04.10.2017

“If you’ve decided to scroll past all the other positive reviews and find yourself reading mine, I’ll start out by saying Brett’s the man. He handles business efficiently and professionally, with the clients’ best interests in mind at all times….

5 Stars Review 5

Evin O

Read Full Review

04.09.2017

“Mr. Metcalf was there for me at the most difficult and life-changing time in my life. I was treated respectfully the whole entire process, despite my embarrassing and shameful mistake. He extended honesty and professional courtesy throughout my case, guiding…

5 Stars Review 5

Sharley Lanigan

Read Full Review

04.08.2017

“Brett Metcalf is the best lawyer in the Tampa Bay area. He puts 100% into his work and goes far and beyond what you would expect out of a lawyer. If it wasn’t for Brett, my husband and I would…

5 Stars Review 5

Janice Luke

Read Full Review

04.06.2017

“Wonderful experience with Brett Metcalf. If I had to do it again, I would not change a thing. It’s a good feeling when you know you’re in good hands and your attorney is genuinely concerned about the outcome of your…

5 Stars Review 5

Gerald

Read Full Review

12.02.2017

“I have consulted with Brett on various issues and have found him to be excellent. He is very practical in potential outcomes on legal issues and very reasonable.”

5 Stars Review 5

Albert Piccolo

Read Full Review

04.05.2017

“Brett helped me win full custody of my kids. Any and every question I had, he was right there to answer and explain the process. He was open and honest about the whole process. Extremely good price… and even better…

5 Stars Review 5

James Woodson

Read Full Review

08.13.2016

“Brett Metcalf was the best experience that I’ve ever had with any legal professional! He was understanding, honest, and worked diligently throughout my entire DUI case I had several years back. Even with the odds stacked against me, he was…

5 Stars Review 5

Nathan Hester

Read Full Review

08.12.2016

“Very knowledgeable and compassionate. I always felt like I could contact him with questions at any time. He was extremely thorough with information – I can’t stress that enough! I would definitely hire him again and recommend him to anyone,…

5 Stars Review 5

Christa Murray

Read Full Review

08.10.2016

“Brett Metcalf provides forward-thinking and effective legal counsel. I highly recommend Brett Metcalf, Criminal Defense Attorney, P.A.”

5 Stars Review 5

Annie Shipherd

Read Full Review

08.08.2016

“Brett Metcalf is a top-notch attorney. He also understands that preparation and hard work are keys to success. He possesses the knowledge, the insights, and the advocacy skills to put your legal woes in the past. Equally important, he follows…

5 Stars Review 5

Charles Goddard

Read Full Review

08.08.2016

“In late 2015, I was in need of a lawyer who could help me. Looking on the internet and asking friends if they knew any great ones was looking pretty bad. Then my younger brother told me about a lawyer…

5 Stars Review 5

Elijah Turner

Read Full Review

08.06.2016

“I could not be any happier with my experience with Brett Metcalf, Criminal Defense Attorney, P.A. I would advise anyone who needs legal action to choose wisely and choose him for multiple reasons.”

5 Stars Review 5

Marty McPhly

Read Full Review

08.06.2016

“Brett made the process as easy as possible for me on my end, letting me know all options and possible outcomes based on my choices. He was also very attentive and quick to respond to my questions.”

5 Stars Review 5

Clay

Read Full Review

02.27.2019

“Extremely professional and clearly the sharpest tool in any toolbox. Set the tone in the courtroom. This has to be one of the best law offices in Tampa. Thanks, Brett.”

5 Stars Review 5

Daniel Turner

Read Full Review
Average 5 out of 5 rating based on 44 Reviews

Consequences of a Sex Crime Conviction

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. 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.

Collateral Consequences

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 also can 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.

Sex Crimes Defense

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 answer the police officer’s questions without a lawyer 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 Attorney, P.A.

With an experienced lawyer 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 alleged 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 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 Attorney, P.A. at (813) 258-4800 to talk with Brett in person.

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