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Date Rape Put a Skilled and Trial-Proven Attorney in Your Corner

Miami Date Rape Lawyer

Also Serving Fort Lauderdale

Sex crimes are serious criminal offenses which could impose some of the stiffest punishments permitted by Florida law. However, it has become increasingly common for both males and females to be falsely accused of sexual battery throughout our state. Being convicted of a sex crime could result in a lengthy prison sentence, costly fines, and being required to register as a sex offender. Even an accusation could bring your entire life into question and transform a highly respected person into a social pariah. At The Hoffman Firm, our Miami date rape lawyer has decades of experience handling these kinds of cases. We know how to help you protect your reputation and obtain the best possible outcome for your charges.

Call The Hoffman Firm today at (305) 928-1669 if your case is in Miami, 954-737-3004 if your case is in Broward County, or contact us online to learn more about how we can help you.

What is Date Rape?

According to Florida Statute 794.011, "sexual battery" or "rape" is any non-consensual oral, anal, or vaginal penetration by another person's sexual organ or an object.

In addition to the general sexual battery, several enhanced forms of sexual battery can be committed in Florida. One of which is aggravated sexual battery.

"Aggravated sexual battery", commonly referred to as "date rape", is defined as engaging in oral, anal, or vaginal sex by penetrating an alleged victim with a sexual organ or object while the alleged victim was unable to consent due to mental incapacitation.

What is Mental Incapacitation?

"Mental incapacitation" is defined by Florida Statute 794.011 as being:

Temporarily incapable of assessing or controlling one's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to the alleged victim without his or her consent or due to any other act committed upon the alleged victim without his or her consent.

An aggravated sexual battery offense is classified as a first degree felony when the victim was at least 18 years of age when the alleged offense took place.

Along with a mandatory prison sentence of 34.5 months, a first degree felony conviction could lead to:

  • A prison sentence of up to 30 years
  • Sexual offender probation for up to 30 years
  • A fine of up to $10,000

An aggravated sexual battery offense is classified as a life felony when the victim was between the ages of 12 and 18 years of age when the alleged offense took place.

Along with a mandatory prison sentence of 108 months, you could also face:

  • Life in prison
  • Sexual offender probation for the remainder of your life
  • A fine of up to $10,000

Available Defenses for Aggravated Sexual Battery

In Florida, two statutory defenses exist that could prove a defendant's innocence when faced with an aggravated sexual battery allegation: consent and false allegations.

Consent

Florida Statute 794.011 defines "consent" as intelligently, knowingly, or voluntarily consenting to a sexual act. However, a coerced submission or a failure to physically resist a sexual act will not be considered by a court as consent.

This means that if an alleged victim states they were unknowingly drugged by the defendant or were too intoxicated to consent to the sexual conduct, a jury could conclude the aggravated sexual battery indeed occurred.

False Allegations

Being falsely accused of aggravated sexual battery has become increasingly common throughout the state of Florida. Though being accused falsely accused of a crime is not an enjoyable experience, effectively proving an allegation is false is a valid defense in Florida and would result in exoneration.

Some of the unjustified reasons people create false allegations are:

  • Jealousy
  • Fear of being caught cheating on their spouse
  • Manipulation by a third party
  • Lack of sound judgment
  • Mental illness

At The Hoffman Firm, we know what it takes to help you tell your side of the story and avoid suffering serious criminal consequences.

We’ll help you understand the legal processes and your options. Call us at (305) 928-1669 today if you are in Miami. Call 954-737-3004 if you are in Broward County.

Why Should You Choose The Hoffman Firm?

Here Are Six Reasons
  • Client-Focused Representation

    Our Firm is dedicated to client satisfaction. We are available 24/7 to help those in need.

  • Decades of Experience

    Attorney Evan Hoffman has over two decades of experience fighting for the accused.

  • Premier Criminal Defense Firm

    Experienced Attorney Evan Hoffman has handled some of the most high profile and complex cases.

  • Proven Track Record

    Client satisfaction is our top priority. At The Hoffman Firm we take great pride in our success and case victories.

  • Florida Former State Prosecutor

    Attorney Evan Hoffman has extensive knowledge of the strategies used by prosecutors throughout Florida.

  • Free Initial Consultation

    We offer free initial consultations to ensure that we have your best interests in mind.

Hear it From Our Clients

Read What Past Clients Had to Say
  • “As busy as he is, I was always able to get a hold of him. He provided me his personal cell phone and I was always able to text him if I had any questions.”

    - John
  • “Evan was able to get all my charges dismissed and now 6 months after the worst mistake of my life (getting arrested), Evan was able to give me my life back.”

    - Stacy
  • “I cannot say enough great things about Evan and his staff. He helped me and he will help you too. Call Evan if you are ever in legal trouble.”

    - Armando
  • “I know that I am grateful for all of Evan's hard work and can without a doubt recommend him to my friends, family and all of those out there on the world wide web.”

    - Joshua
  • “If anyone is ever arrested or even under investigation, I can assure you the only person you need to call is EVAN!”

    - John
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Record Of Success

Aggressive Traffic Ticket Defense
  • Charges Dismissed Domestic Violence - Battery

    Mr. Hoffman was able to convince the State Attorney’s Office to drop all charges.

  • Not Guilty Felony Sexual Battery

    Client was arrested for sexual battery and case went to trial. In less than 30 minutes the verdict was not guilty.

  • Not Guilty Felony Robbery

    Client was charged with armed robbery in Tallahassee. In less than an hour, the jury returned a verdict of not guilty.

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