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For example, if you are 18-years-old or older and are accused of sexual battery on a person also older than 18 without that person’s consent, it’s considered a first-degree felony, which is punishable by up to 30 years in prison. It’s extensive and there are varying degrees of offense. In the state of Florida, sexual battery is described in F.S. Because sexual crimes are among the most reviled (and the consequences so steep), it is extremely important that you work with a defense lawyer who has experience and a history of prevailing. This person will be defending your integrity, your credibility and your civil right to due process and fairness. Having an skilled criminal defense attorney is imperative. There may be lesser crimes to which one can plead that do not have the same stigma or penalty. Criminal investigators may do a poor job. The reality is arrest is just the beginning of the process. Continue readingįort Lauderdale criminal defense attorney clients accused of a felony crime – especially one as serious and morally fraught as a sex offense – have told us it feels like the whole world is coming to an end. (Mothers breastfeeding babies does not count.)Īlthough these two were charged with a misdemeanor, Fort Lauderdale defense attorneys have seen prosecutors pursue felony charges for Florida sex on the beach. It’s a first-degree misdemeanor, punishable by up to one year in jail. 800.03 states it is unlawful to exhibit one’s sexual organs in public (or on private premises so near as to be seen by those on public property) in a manner that is vulgar or indecent. The two were arrested on charges of indecent exposure. Witnesses said they pair may have been having sex. The husband walked up and asked why they could not be naked, as “we are all human.” Officers explained Sanibel is not a nude beach, and it’s against Florida law to be on a public beach with no clothing. Officers saw the woman naked in the water, summoned her over to them and gave her a towel. Most recently, a married couple from Vermont vacationing on Sanibel Island were arrested by police, who had received complaints the pair were naked on the beach. As a Fort Lauderdale defense lawyer, it seems an important fact to address because locals and tourists alike continue to run afoul of public indecency and lewd lascivious laws – and prosecutors don’t seem intent to cut them any slack. It’s romanticized in a classic scene in the 1950s film, “From Here to Eternity.” However, having actual sex on a beach in Florida can land you in handcuffs (and not in a good way). In Florida, sex on the beach is typically understood as a cheeky, sugary cocktail with peach schnapps. That’s generally not advisable, but because of the potential long-term implications, Fort Lauderdale criminal defense attorneys especially warn against doing so until you’ve spoken with a a lawyer experienced in defense of prostitution solicitation crimes. Those arrested in Florida for misdemeanor prostitution (often overlooked as a sex offense) may be tempted to simply plead guilty, pay the fine and enter a diversion and/or complete other requirements so they can quickly put it all behind them.
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Now, a new Florida law will have those arrested for misdemeanor prostitution solicitation in Florida facing additional public ridicule – with potential to even further impact one’s employment, housing, education and financial situation – not to mention personal relationships. There are the initial mugshots, incident and arrest reports and identifying details all available for public release – and that’s even before a person is convicted. Florida has one of the broadest public records laws in the nation, which means one of the most powerful bargaining chips Florida prosecutors have – particularly in sex offense cases – is shame.