Miami, Florida Sexual Assault Defense Attorney

Lawyer for Charges of Sexual Assault or Sexual Misconduct in Miami

In modern society, it can seem like people are always on the lookout for sexual misconduct. A person who is accused of inappropriate sexual behavior may not only encounter problems that could affect their employment, their personal relationships, and their reputation, but they could also be arrested and charged with a crime related to sexual assault. These allegations are taken seriously, and they may lead to investigations, protective orders, and criminal prosecution. A person who is convicted may face harsh penalties, including being designated as a sex offender.

Sexual assault accusations can occur in many different situations, including claims involving sexual intercourse, sexual contact, or other forms of sexual conduct that were non-consensual. In some cases, accusations may be based on misunderstandings or conflicting accounts of events, including in situations where both parties were intoxicated. When a person has been accused of sexual assault of a minor, the penalties they may face can be especially serious.

At The Hoffman Firm, our attorney has the experience needed to defend clients against charges of sexual assault or other sex crimes. He can examine police reports, interview witnesses, review digital evidence, challenge other forms of evidence, and find inconsistencies in the claims made against a person. He will work to protect his client's constitutional rights throughout every part of a criminal case, from the initial arrest to a trial.

Understanding Sexual Assault Charges in Florida

While many people use the term "sexual assault" broadly, the laws in Florida detail several categories of offenses, including sexual battery, lewd or lascivious conduct, unlawful sexual activity with minors, and more. Sexual battery charges may apply if a person has been accused of engaging in vaginal, oral, or anal intercourse without receiving consent. An adult may be charged with statutory rape if they are accused of having intercourse with a minor, or charges of lewd or lascivious molestation may apply in cases involving other forms of sexual contact with a minor.

Consent is a major issue in these cases. Prosecutors may base their cases on accusations made by an alleged victim, testimony from other witnesses, physical evidence from the scene of an alleged offense, medical examinations performed through "rape kits," text messages or other forms of communication between the parties, and other evidence.

The severity of the charges a person may face may increase if an offense allegedly involved the use of violence or force, if a person was allegedly carrying a weapon, or if the alleged victim suffered injuries. Previous convictions for sexual battery or other sex crimes may also lead to harsher penalties for a person convicted of a crime involving sexual assault.

Examples of Situations Leading to Sexual Assault Allegations

Accusations of sexual assault may involve:

Non-Consensual Sexual Intercourse

A person may be accused of engaging in sexual intercourse without receiving consent from the other person. These cases may involve acquaintances, dating partners, coworkers, strangers, or even married spouses. Charges may be based on claims that one person withdrew consent during a sexual encounter, but the other party continued, or disputes may arise about whether consent was communicated clearly. Situations where one or both parties were intoxicated could lead to differing accounts about what happened and whether consent was given.

Accusations Involving Inappropriate Touching

Sexual assault allegations may involve sexual conduct other than intercourse. A person may be accused of groping or making other forms of unwanted sexual contact. These charges may be based on accusations between coworkers, incidents that took place in public locations like bars or nightclubs, interactions between students on college campuses, or other situations. While sexual battery charges may not apply in cases where sexual intercourse did not occur, a person could be charged with battery or another offense if they are accused of inappropriate sexual contact.

Allegations Involving Minors

Severe penalties may apply in cases involving the sexual assault of a minor. Because minors under the age of 16 cannot legally give consent to sexual conduct, a person who is accused of engaging in sexual activities with a minor could face criminal charges. Any sexual intercourse with a minor may lead to charges of sexual battery. Other forms of sexual contact with a minor could lead to charges of lewd or lascivious molestation. A person who has allegedly exposed their private parts in the presence of a child could be charged with indecent exposure.

Contact Our Miami, FL Sexual Assault Defense Lawyer

An arrest and a criminal charge involving sexual assault can place your freedom, career, and future at risk. Whether a case involves an alleged victim who is a minor or an adult, or whether you have been charged with sexual battery or another offense, it is important to take these charges seriously and get legal representation as soon as possible.

At The Hoffman Firm, our lawyer can evaluate your case, explain your legal options, and work to protect your rights while defending against a conviction. Contact our Miami sexual assault attorney today at 305-249-0090 to arrange a free, confidential consultation.