Being arrested for sex crimes in Polk County, Florida can be traumatic and frightening. You may face severe penalties for a conviction, including jail, fines, and collateral consequences. Protect your freedom and reputation with the help of our legal team at Thomas C. Grajek, Attorney At Law.
Our criminal defense lawyer at Thomas C. Grajek, Attorney At Law has over 25 years of experience. Attorney Thomas Grajek is nationally recognized for his legal experience and successful track record. He appears on The National Trial Lawyers Top 100.
We stand up for the rights of the accused. Our legal team fights to protect the best interests of our clients. contact us online or call us today at (863) 688-4606 to schedule a consultation with our Polk County sex crimes lawyer.
How Thomas C. Grajek, Attorney At Law Can Help You With a Sex Crimes Case in Polk County, Florida
You need trusted legal advice whether you have been arrested or under investigation in Polk County, FL. It is wise to have a lawyer present when questioned by law enforcement officers, regardless of the reason for being questioned. We have assisted clients in obtaining favorable outcomes in many types of criminal cases.
When you hire our top-rated Polk County criminal defense lawyers, you can trust we will:
- Complete a comprehensive investigation to gather evidence
- Perform a thorough analysis of the facts and circumstances of your case, including analyzing all evidence in your case
- Retain leading expert witnesses as needed to assist with your case
- Discuss your legal rights and the options for a defense
- Explore options for a plea deal to avoid going to trial if that is in your best interest
- Provide guidance and emotional support as you navigate this challenging matter
- Advocate for you during all court appearances, including taking your case to trial if necessary
Attorney Thomas Grajek is a member of numerous prestigious legal organizations. He is a member of The Florida Association of Criminal Defense Lawyers, The Florida Bar Criminal Law Section, and The National Association of Criminal Defense Lawyers.
Contact Thomas C. Grajek, Attorney At Law to schedule a confidential consultation with an experienced Polk County sex crimes lawyer.
Overview of Sex Crimes in Polk County, FL
Florida prosecutors and judges view sex crimes as serious criminal offenses. State law imposes severe penalties for sex crime convictions. A conviction for a sex crime can negatively impact aspects of your personal and professional life.
Examples of sex crimes in Florida include, but are not limited to:
Sexual Battery
Florida law defines sexual battery as a non-consensual act of sexual penetration. The sexual penetration includes vaginal, oral, or anal penetration. It also includes penetration of the female genitalia or a person’s anus with any object.
Failure to Register as a Sex Offender
Many sex crimes require mandatory registration as a sex offender if you are convicted. You must comply with all requirements of being on the sex offender registry. Failing to register or violating any conditions could result in additional criminal charges and penalties.
Indecent Exposure
If you have sex in public, streak across a college campus, or flash someone, you could be charged with indecent exposure. There must be a component of lewd or sexual content. This crime does not include accidental clothing mishaps or breastfeeding.
Many of these offenses are charged as misdemeanors. However, you could face felony charges if you expose yourself to a child.
Prostitution
It is unlawful to engage in sexual acts for financial compensation. Even though the parties consent to the sexual conduct, charging someone to have sex is a crime. Likewise, soliciting someone to have sex for money is also a crime.
Child Pornography
Any activities related to child pornography carry severe penalties. It is unlawful to possess, create, or promote child pornography. Child pornography means any image depicting a minor engaged in sexual conduct. It also includes images adapted, created, modified, or altered by electronic or other means to portray a minor engaged in sexual conduct.
Statutory Rape
Statutory rape is defined as having sexual activity with a minor under the age of 18 years old. It also includes sexual activity with someone who is mentally disabled if the offender is 18 years old or older. An exception exists if the minor is 16 or 17 years old and consents to sex with an offender who is under 24 years old.
The above list is not inclusive of all sex crimes in Florida. Our attorneys handle all types of sex crimes, including the offense above and other sex crimes.
What Are the Penalties for Sex Crimes in Polk County, FL?
A conviction for a sex crime in Florida includes criminal penalties and collateral consequences. The penalties are severe and vary depending on the criminal charges and the factors involved in the case. A person’s criminal history may also impact the penalties they receive for sex crimes.
If you are facing a sex crimes charge, the potential penalties for a conviction could include:
Prison or County Jail
Most misdemeanor sex crimes can result in a jail sentence of up to one year. Even though you serve time in county jail, being incarcerated for up to a year could result in devastating consequences, such as losing your job and home.
More serious sex crimes are charged as felonies. Felony convictions often result in state prison sentences. Depending on the crime and circumstances, a felony sex crime conviction could result in a few years to life in prison.
Fines
Fines vary widely for sex crimes. You could pay a few hundred dollars to several thousand dollars. Judges may impose fines and incarceration as part of your sentence.
Probation
Judges may sentence some individuals to probation instead of jail time for minor sex crimes. The court may also impose probation in addition to a jail or prison sentence.
Serving probation for a sex crime can result in strict conditions for probation. Violating probation can result in additional penalties, including incarceration.
Mandatory Counseling and Treatment
The court may sentence you to mandatory treatment and counseling. You are responsible for paying for the treatment or counseling programs.
Sex Offender Registry
Most sex crime convictions require the defendant to register as a sex offender. Being on the sex offender registry can impact where you live, work, and travel. You must report changes in residence and employment to law enforcement officials. The conditions can be severely restrictive in some cases.
Potential Defenses to Sex Crime Charges
A defense attorney examines the evidence in your case to determine the types of defenses that might be beneficial during your trial or plea negotiations. Potential defenses to charges of sex crimes include:
Lack of Evidence
The state must prove all legal elements of the sex crime beyond a reasonable doubt. Your defense may include attacking the credibility of witnesses to undermine the prosecution’s case.
Your attorney may offer expert testimony to refute the state’s evidence or present an alternative explanation for the allegations. Highlighting the lack of “hard evidence,” including forensic and physical evidence, can also raise reasonable doubt.
Consent
Many sex crimes involve non-consensual sexual activity with another person. Credible evidence proving that the alleged victim consented to the sexual activity can be a valid defense. Evidence could include conversations between the parties, such as text messages, emails, telephone messages, etc.
Albi
You may be accused of committing a sex crime, but you were somewhere else. Proving that you were not anywhere near the crime scene can be an effective defense against some sex crimes. You must have corroborating evidence proving that you were in another place at the time of the crime.
False Accusations
Alleged victims may make false allegations of sex crimes. Motivation for making false allegations could include anger, revenge, misunderstandings, and regret.
Proving the allegations are false can be a devise. However, you must have credible evidence showing the accuser is lying for this defense to work. Evidence demonstrating inconsistencies in the alleged victim’s testimony can help create reasonable doubt.
Schedule a Consultation With Our Polk County Sex Crimes Attorneys
Do not face a criminal charge alone. Defend yourself by hiring an experienced criminal defense lawyer. Call Thomas C. Grajek, Attorney At Law today to schedule a consultation with our Polk County sex crimes lawyer. Having an attorney in your corner improves your chances of beating sex crime charges.