Sex Crime Defense Strategies
In Florida, sex crimes fall into three of the following categories: lewd/lascivious acts, sexual battery and/or rape, and illegal sexual activity with minors. If you or a loved one have been charged with or are under investigation for a sex crime, it is imperative that you contact and retain an experienced criminal defense attorney as they can help you understand your legal rights and options.
The best defense strategy for you and your case can vary based on a host of factors, including (but not limited to): the specific charges being faced, the prosecution’s state evidence and arguments, case-specific information, etc. Here are some defense strategies that may be used to help your case:
- Challenges of forensic evidence. The police may have DNA evidence or other samples that they collected at the scene or from the alleged victim and/or the accused, and the prosecution may have other evidence, including messages between the alleged victim and accused, photographs, videos, etc. Your attorney can review this evidence and retain help in conducting a forensic analysis of the evidence and its storage; if it is discovered that the evidence was not collected, stored, or analyzed properly, you can work to have it dismissed.
- Elements of crime not substantiated. The prosecution must prove beyond a reasonable doubt that a crime was committed; they must also prove every element of the crime. Your attorney can work to prove that they have not met this requirement in court.
- Entrapment. In some cases, you may have been arrested and charged because of a sting operation during which the police encouraged you to commit or participate in a crime. You can argue that you would not have committed the crime if you had not been coerced; this defense tactic is commonly used in child pornography and solicitation cases.
- Gathering exculpatory evidence. If charges have not yet been filed, a common prefiling defense tactic involves fathering exculpatory evidence that challenges the validity of the accusations. Common tools used to obtain exculpatory evidence are polygraph examination data, reports from a psycho-sexual examination, and information from private investigators. While a private investigator can locate witnesses or records that can showcase inconsistencies in the state’s case, the other two types of evidence can speak to the accused’s character and the likelihood of committing the crime. If the pre-filing investigation yields solid information, your attorney can use that to discourage the prosecution from pursuing the case. However, if the information found doesn’t support the accused, the attorney can better develop another defense strategy.
- Good faith reporting. If the accused reports the crime or other information, they can work to get the charges reduced because of good faith reporting. For instance, if you are facing child pornography charges, your attorney can argue that you reported the images or video as soon as you stumbled upon it.
- Police misconduct. Police cannot conduct illegal searches and seizures, and they also must adhere to protocol when collecting and storing evidence as well as when interviewing suspects. If your rights have been violated, your attorney can work to have the evidence dismissed.
- Question the integrity of the accuser. Another pre-investigation tactic and strategy for the court involve investigating the accuser to determine whether they have cause to make a false allegation.
- Substantial assistance. If the accused helps the state build a case against or identify others involved in the crime, they can negotiate a plea deal or fight to have their charges reduced or suspended.
Consult with Our Highly Qualified Attorney
Facing criminal charges, especially for a sex crime, can be frightening—not only because of the potential criminal consequences of a conviction but also because of the impact these charges can have on your reputation and freedoms. At the Law Office of Jody L. Fisher, we are committed to providing our clients with personalized, aggressive, and high-quality legal representation.
With over two decades of experience, our attorney is more than equipped to help you or a loved one develop a solid defense strategy. Our team can also help you:
- Connect with experts (i.e. psychologists, private investigators, etc.) who can help with your case
- Understand your legal rights and potential case outcomes
- Make informed case decisions
- Ensure you are treated with respect throughout the legal process
- Have an objective opinion
- Know whether a plea deal or agreement is in your best interest
- Handle legalities (i.e. filing motions, reviewing evidence, etc.)
- Feel supported as you have someone in your corner throughout the proceedings who has a legal background
If you or a loved one have been arrested or are under investigation for a sex crime, contact the Law Office of Jody L. Fisher to discuss your case and legal options today. Call .