Sex crimes lawyer Miami

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Every day we hear in the news about rapes, assaults, and all types of sexual crimes happening in South Florida. There are harsh punishments for sex crimes in the State of Florida and the accused can face a possible lifetime of legal consequences. When you are wrongly accused of a sex crime in Miami the consequences can have a lasting impact if you don’t have a sex crimes lawyer Miami protecting your rights.

Individuals accused of sex crimes are often seen as morally reprehensible people who lead double lives and don’t have legal rights available for them. False allegations can cause lasting damage to the person’s reputation and haunt him or her in the future. This is why it’s important to aggressively challenge such allegations with the help of a well-versed sex crimes lawyer Miami.

Oftentimes, these allegations can go very far if you don’t have a sex crimes lawyer Miami representing you. These accusations are often the product of angry former spouses or other partners taking advantage in child custody after divorce. At other times, people may accuse family members, neighbors, teachers, or anyone else they dislike of a serious criminal offense.

Types of sex crimes handled at Gallardo Law Firm

Being convicted of a sex crime can ruin someone’s reputation. Unless you find legal representation you may find yourself facing a losing legal battle. Sex crimes usually include a coerced or illegal conduct against someone and they fall into several categories:

  • Lewd and Lascivious Behavior: In this category we have sex crimes such as Indecent Exposure, Prostitution, Peeping, participating in public pornography, etc. These are sexual acts that are particularly offensive, especially in public. Depending on the state it could refer to people living together, solicitation for prostitution, entertainment to arouse sexual sensations, etc.
  • Lewd and lascivious battery or Molestation: This category includes Lewd and Lascivious Battery and Molestation. Lascivious Battery is when adults engage in sexual activity with minors. This is charged as a Second Degree Felony and it might result in penalties of 15 years in prison. Lasciviousness Molestation it’s also related to sexual activity with minors and it can be punishable by up to life in prison.
  • Statutory Rape: This category has to do with engaging in sexual activity with someone younger than the legal age of consent, which is 16 in FL. First time offenders may receive up to 15 years in prison and habitual offenders up to 40 years in prison.
  • Child Pornography: This is a serious crime and it’s considered as exploitation of children. This crime will definitely ruin the offender’s reputation and can result in stiff prison time sentences. It’s considered a Third-Degree Felony in Florida with up to five years in prison.
  • Human Trafficking: This is a serious violation of human rights. It involves recruitment, transfer, transportation, sheltering or receiving individuals y threatening them or using force, fraud, deception, etc. as well as giving and receiving payments or benefits to obtain the consent in order to have control over another person for the purpose of manipulation.
  • Internet Sex Crimes : This includes a number of crimes such as sexual solicitations, the production distribution of child pornography, interactions with minors, etc.
  • Sexual assault and Rape: Any sexual, visual or physical act that will force undesired contact against the person's will. It is a term commonly used to refer to forced sexual relations, including vaginal anal, and oral sex. It is a weapon used by the offender, motivated by the need to control, humiliate and harm the victim.
  • Child Abuse: This goes beyond bruises and broken bones. It also includes emotional abuse and neglect that leave lasting scars. Child abuse is defined as an act or failure to act on the part of parent or caregiver, which may result in death or serious emotional or physical harm.

Child abuse has become a major problem in our modern world. Children die every year as a result of cruelty and abuse. It’s an awful epidemic that should end. And the only way is by increasing awareness of this issue. Among the most common types of child abuse we have:

  • Physical abuse: Any harm done to a child intentionally. This incorporates hitting, kicking, slapping, blazing, squeezing, hair pulling, gnawing, gagging, pushing and whipping.
  • Sexual Abuse: Any sexual deed forced between an adult and a child. This given by effective touch, penetration, profanity, or practice of prostitution, oral sex, or forced observation of sexual intercourse.
Child sexual abuse Miami
  • Negligence: Consists of not taking into account a child's physical needs, such as absence of supervision, inadequate housing, lack of water and meal, improper clothing for the season or temperature, abandonment, inefficient health care and the existence of improper hygiene.
  • Emotional abuse: Refers to an attitude or behavior that will interfere with the mental health and social development of the child. This includes yelling, insulting, embarrassing, or comparing negatively. It also comprises lack of affection and emotional support in order for the child to have a healthy social, physical, and intellectual development.

Is sexual harassment a crime?

Sexual harassment is a type of psychological abuse. Harassment involves unwanted approaches, requests for favors or other verbal or physical behavior with a sexual objective in mind. This act will explicitly or implicitly affect the individual’s life interfering with work or creating an intimidating, hostile or offensive environment.

Sexual Harassment can occur in multiple circumstances such as:

  • The victim and tormentor can be of either gender and do not necessarily need to be of the opposite sex.
  • The victim is not only the person being harassed; the victim may be any individual who becomes affected by this aggressive behavior.
  • Sexual stalking through the internet is another form of harassment.
  • The victim should seek and utilize any complaint mechanism when being harassed. Hindrance is the best tool to eradicate sexual harassment.

Considerations about domestic violence under criminal law

Domestic abuse can occur to anyone, yet the biggest and most common mistake is to ignore it, deny it, or justify it. This occurs mainly when the abuse is psychological and not physical. This type of violence will manifest in order to take complete control over the person being abused. The wrongdoer does not "play fair". These actions occur between couples of the same or opposite sex alike, as well as any age, race, or social class.

Women generally suffer most through these abuses even though men are also abused, especially emotionally, verbally, and even physically. Although this type of abuse is not considered criminal behavior, it’s a form of abuse, which can lead to criminal violence. This abusive behavior is never acceptable.

Some examples of emotional abuse include:

  • Keeping a partner from contacting family or friends
  • Withholding money
  • Stalking
  • Sexual assault
  • Intimidation
  • Withholding a partner from getting or keeping a job
  • Name calling

A lawyer helping you fight your sex crime charges

Abuse and sex crimes are in the middle of the most punishable crimes in the U.S. In lawsuits relating to these cases, prosecutors are facing great pressure because of the importance of these cases so their decisions when sentencing are strong. As the consequences to these offenses are so serious, people facing these charges who are wrongly accused of committing such crimes should always look for the services of a criminal defense attorney with experience and knowledge in this area of law. Victims of such crimes can also have the legal advice of an attorney so that no crime or offense goes unpunished.

sex crime charges

Federal sex crimes and penalties

There are two types of courts: federal and state. State courts are found in cities and counties and established by each state. Federal courts are established under the United States constitution to handle disputes. A federal crime or offense is made illegal by legislation. The list of federal crimes is quite extensive and it includes human trafficking, aggravated sexual abuse, sexual abuse of a minor, etc.

Various distinctive offenses fall under classification of sexual offenses, yet generally allude to unlawful sexual behaviors or coercion against another individual. Each state has laws banning these sorts of sexual offenses, for example, assault and rape, and each state has its proper time limiting (or "statute of limitations") in which casualties of sexual crimes may file a lawsuit against the alleged wrongdoer. Persons convicted of sexual offenses, regardless of the hardness, are considered "sex offenders" on their particular state.

After a jury finds the defendant guilty of a sex crime, the case goes onto court for sentencing. The judges base their decisions in light of several factors when determining a sentence. First, criminal laws will generally establish a series of punishments for sexual assault, commonly consisting of the maximum or minimal imprisoning, as well as fines and other punishments. The judges will acknowledge the heightening and diminishing factors to decide the definite terms of their judgment.

Federal law obliges judges to consider various factors, including the offender's criminal history and his acknowledgement of responsibility when the punishment is established. The elected law criminalizing rape conveys a maximum punishment of 20 years in jail, and fines.

In addition, federal law provides that those declared guilty of sexual assault ought to compensate their victims for expenditures directly related to the offense. This includes the cost of medical care, physical or occupational therapy, legal fees and other pertinent expenses.

Understanding sex offenders laws

sex offenders laws

The face and name of these sex offenders is added to state records and categorized as federal crimes. The person will be required to register their name and address on the national sex offender registry, headshot with a description of their offense, which means that anyone can have access to such information for years to come. This registration will also limit where you live and the places where you can live, how close you go to school, Public Park, etc.

Importance of hiring a Sex crimes lawyer Miami to protect your rights

Gallardo Law Firm has an incredible team of criminal lawyers dealing with cases of allegations of sex crimes in Miami. In our firm, we will listen carefully, and assess the situation from a defensive point of view. We know the criminal laws encompassing these types of cases, and are completely mindful of the maximum prison sentence you may face together with the stigma of the possibility of having to enlist as a sex offender for life. If you are being falsely accused, a criminal lawyer can defend you with all the resources available to us. We will do our best to protect your rights. In the event that you are accusing a person for sexual abuse, our attorney will defend you while being conscious of any and all costs.


Questions regarding Sex Crimes in Miami

Questions and Answers regarding Sex Crimes in Miami

Aggravating factors are components such as criminal history and the seriousness of the crime proposing the demand for a more severe discipline. Mitigating factors then again, will support a more merciful sentence.
Typically, these techniques happen to be:
  • Dominance: These individuals need to feel in complete control of the relationship. They are those who make family decisions, tell others what to do, and insist that others obey without opposition. Your offender may treat people like a servant, or even as their possession.
  • Humiliation: The abuser will do everything in his power to make the victim feel bad about themselves. Insults, private and public degradation are often weapons used to erode self-esteem and make the victim feel powerless.
  • Isolation: This tactic is used to increase the dependency of the victim, to cut any link with anyone else but the abuser and can even prevent the relationship with family or friends, or not let the victim attend school or work. You must have their approval for anything to be done.
  • Threats: Abusers generally utilize threats to keep individuals frightened or alarmed. They might threaten to harm or kill you, your children, other relatives, or even pets. They may also threaten the victimized individual with suicide or false charges.
  • Bullying: They might use a broad array of intimidating strategies designed to terrify and bring the exploited person into submission. Such tactics include making aggressive looks or alarming gestures, crushing things, destroying property, damage to pets or use of weapons. The discernible message is that overlooking these behaviors will only bring brutal, sometimes even fatal consequences.
  • Denial of guilt: These people are masters at creating excuses to what is inexcusable. They justify their behavior on an awful day, terrible childhood and even on the casualty of their abuse. This person minimizes the abuse or may even deny the blame and turn it on others.
To help someone who has endured such bad experience, it is essential to listen and make sure the individual feels comfortable. Going to the police, hospitals, receiving advice from group therapies and looking for a lawyer who will advise them properly in such cases is imperative. It is also very important to convey the fact that it is not the victim's fault and it is natural to feel angry and/or embarrassed.
There are a few things to consider such as the ‘age of consent’ of the participant (based on state law), the mental and legal capacity of each individual to consent, and whether or not someone has forced or used physical force to make the victim have physical contact with him or her.
Rape can take place while the victim is unconscious or asleep, which means the person wasn’t aware of what was happening therefore he or she didn’t give consent. When the individual doesn’t give consent it’s called rape.
It means using force to take and confine someone against their will, which is a crime punishable in Florida by life sentence. These charges are aggressively pursued by law enforcement officials in the state as this is not a charge to be taken slightly. Individuals wrongly accused of this crime should find an experienced attorney to represent them.
There are two of them:
  • Quid pro quo sexual harassment: where the employee is required to yield to the sexual demands otherwise he or she will lose his/her job.
  • Hostile environment sexual harassment: this means being harassed by an employee because of his or her gender to the point where the atmosphere at work becomes a bit hostile.
Under state and federal laws both male and female employees are fully protected against sexual harassment at work whether at a small or big company. Although under federal law both same sex and opposite sex harassment are prohibited, not all states have laws that defend same sex harassment.