Miami Sexual Assault Attorney
Defending Against Sexual Battery Charges in Miami-Dade County
While facing any criminal charges can be intimidating, sex crimes are punishable by harsh penalties in Florida. An accusation of sexual assault in Florida, legally defined as Sexual Battery under Florida Statute § 794.011, is the most devastating charge a person can face.
At Beckham Law Firm, we understand that even good people make mistakes. That’s why our sexual assault defense lawyers are committed to safeguarding your life and liberty in Miami-Dade County by fighting for the second chance you deserve.
Don't throw away your future by failing to secure skilled representation! With decades of experience defending against sexual assault, our fierce attorneys can build you a strategic defense aimed at reducing or dismissing the charges against you.
If you were arrested for sexual assault, our fierce defense lawyers can help you establish a strong defense. Contact us online or call (786) 244-8010 to discuss your case.
What Constitutes Sexual Assault in Florida
In Florida, the charge commonly referred to as sexual assault is legally prosecuted as Sexual Battery under Chapter 794 of the Florida Statutes.
This law is expansive and defines the crime as any:
Oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object, without the victim's consent.
The severity of the charge—and thus the potential penalty—is determined by the circumstances, including: the age of the victim, the age of the accused, and the use of force or weapons. This categorization is crucial for a sexual assault attorney in Miami to challenge.
Key Classifications of Sexual Assault (Sexual Battery) in Florida
- Aggravated Sexual Battery: This includes the use or threatened use of a deadly weapon, the use of actual physical force likely to cause serious personal injury, or offenses against victims who are mentally or physically incapacitated, or under the age of 12. These are classified as Life Felonies or Capital Felonies, carrying penalties up to life imprisonment or, in the most egregious cases, the death penalty.
- Sexual Battery Without Aggravating Factors: This typically applies where the victim is 12 or older, and there was no use of a weapon or force likely to cause serious injury. This is generally a Second-Degree Felony, punishable by up to 15 years in state prison.
Understanding the nuances between these degrees can be crucial in forming an effective defense strategy. Each degree requires detailed attention to the specifics of the case, how the evidence is interpreted, and the legal definitions that apply. Effective legal guidance will delve into these distinctions to build a compelling defense narrative in alignment with the accused's circumstances.
Penalties and Collateral Consequences of a Sexual Assault (Sexual Battery) Conviction
The penalties associated with a sexual assault conviction in Florida are among the most severe in the criminal code. We fight relentlessly to prevent these consequences from destroying your life.
Direct Penalties
The potential sentence for a Sexual Battery conviction ranges from 15 years in prison up to life imprisonment, depending on the degree of the felony:
- Second-Degree Felony: Up to 15 years in prison and a fine up to $10,000.
- First-Degree Felony: Up to 30 years or life in prison and a fine up to $10,000.
- Life Felony: Punishable by a term of imprisonment not exceeding life.
- Capital Felony: Punishable by life imprisonment without parole, or death.
Mandatory sentencing guidelines apply to most of these offenses, meaning judges often have limited discretion to impose lighter sentences.
Collateral Consequences
The consequences of a conviction extend far beyond the prison term and carry a significant stigma in the Miami community:
- Mandatory Sex Offender/Predator Registration: Conviction for nearly all sexual battery offenses triggers a mandatory, lifetime requirement to register with the Florida Department of Law Enforcement (FDLE) as a sex offender or sexual predator. This registration severely restricts where you can live, work, and travel.
- Loss of Civil Rights: You will lose your right to vote, serve on a jury, and own or possess firearms.
- Professional License Revocation: A felony sex crime conviction will result in the suspension or revocation of nearly all professional licenses (medical, law, teaching, financial, etc.).
- Immigration Status: For non-citizens in South Florida, a conviction for sexual assault is classified as an aggravated felony and a crime involving moral turpitude, leading to mandatory deportation and permanent inadmissibility to the United States. We understand these unique pressures.
Defending Against Sexual Assault Charges
No matter the circumstances, securing experienced representation from a sexual assault defense lawyer is imperative to protect your rights and hard-earned reputation. Our lawyers can collaborate with you to establish a robust defense on your behalf.
Common defense strategies against sexual assault include:
- Consent: If the alleged victim was a legal adult who consented to the sexual act, our lawyers can fight to get the charges dropped.
- Mistaken identity: If you were charged with a sexual assault offense you didn’t commit due to mistaken identity, we can work tirelessly to dismiss the charges you’re facing by presenting compelling evidence in your favor.
- False accusations: In some cases, defendants can face false allegations due to vengeance or pettiness. If you were falsely accused, our attorneys can help you gather evidence to establish your innocence.
- Alibi: Proving that you weren’t at the scene of the crime when it was committed can result in dropped charges.
- Constitutional rights violations: If your constitutional rights were violated by law enforcement at any stage of the process, we can fight to dismiss or reduce the charges against you.
- Mental incapacity: If you committed the act due to mental impairment, an attorney may be able to demonstrate a lack of intent.
Why Partner with Beckham Law Firm?
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Distinguished ReputationOur reputation is backed by numerous awards and recognitions.
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Comprehensive Team ApproachWe give you the benefit of three accomplished attorneys.
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35 Years of Combined ExperienceOur team will help you get the results you deserve.
Frequently Asked Questions About Sexual Assault Defense
Can I Face Charges for Attempted Sexual Assault?
Yes—an individual may face attempted sexual assault charges even if no physical act occurred. Prosecutors may argue intent, preparation, or overt actions toward committing the offense. Defenses may focus on disproving intent, demonstrating impossibility, or highlighting weak or unreliable evidence. Because attempted charges still carry serious consequences, consulting a defense attorney early is critical to protect rights and build a strong response.
How Can a Defense Lawyer Help If I’m Wrongly Accused?
A defense lawyer can challenge false allegations by locating favorable evidence, questioning witness credibility, and analyzing inconsistencies in the prosecution’s case. They may also work with expert witnesses, forensic specialists, or investigators to uncover information supporting innocence. Skilled representation protects constitutional rights, prevents damaging missteps, and ensures accusations are tested thoroughly—helping reduce the risk of wrongful conviction or long-term personal and professional harm.
What Should I Do Immediately After Being Accused of Sexual Assault?
After an accusation, remain calm, avoid speaking to law enforcement without an attorney present, and do not discuss the situation with others. Preserve text messages, emails, social media posts, or potential witnesses who may help your defense. Contacting a sexual assault defense lawyer quickly ensures you understand your rights, receive guidance on next steps, and begin building a strategic response before police or prosecutors act.
What Are Common Mistakes to Avoid During a Sexual Assault Trial?
Mistakes such as speaking publicly about the case, posting on social media, or sharing details with non-lawyers can damage a defense. Failing to challenge questionable evidence, ignoring discovery deadlines, or giving inconsistent statements may also weaken credibility. Working with experienced counsel helps avoid these pitfalls, maintain confidentiality, and ensure evidence is properly presented—giving you the strongest possible position in court.
How Long Does the Legal Process Take for Sexual Assault Cases in Miami?
Sexual assault cases in Miami may take several months to over a year, depending on witness availability, forensic testing, plea negotiations, and court scheduling. Cases involving complex evidence or trials typically take longer. A defense attorney can explain deadlines, prepare filings, and communicate with prosecutors to help move the process forward. Throughout the case, legal guidance provides clarity, real expectations, and structured next steps.
What Steps Can Protect My Reputation After an Accusation?
Protecting your reputation requires strategic legal and personal decisions—such as avoiding public statements, limiting social media use, and directing all inquiries through your attorney. Some individuals benefit from professional crisis management or legal motions to restrict media access. Staying focused on work, family, and positive community involvement may also help counter negative perceptions. Guided communication protects both legal and personal interests during the case.
Will I Have to Register as a Sex Offender if Convicted?
Many sexual assault convictions require mandatory sex offender registration, which can affect employment, housing, travel, and community standing. The length and conditions depend on the charge and state law. A defense lawyer can explain potential registration consequences early in the case and pursue strategies—such as reduced charges—that may prevent long-term registry requirements.
Can False Allegations of Sexual Assault Be Proven?
False accusations can be challenged through inconsistent statements, digital evidence, timeline contradictions, DNA analysis, or witness testimony. Defense attorneys investigate communication records, motives, and credibility issues. While proving falsity takes careful work, thorough fact-gathering and expert support can significantly strengthen the defense.
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Sexual Battery (Rape)Sexual battery is defined as “oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object” (Florida Statutes § 794.011). This includes rape and attempted rape, which both fall under the broader umbrella of sexual battery.
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Statutory RapeStatutory rape is defined as unlawful sexual activity with minors(§ 794.05).Under state law, minors under the age of 16 cannot legally consent to sex. This means that even if the alleged victim consented to the sexual act, you can still face charges for statutory rape.
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Indecent ExposureIndecent exposure is defined as exposing one’s genitals in a lewd or lascivious manner (§ 800.03). This offense can be charged as a misdemeanor or felony, depending on the circumstances.
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A person in a position of authority, such as a teacher or coach, who engages in sexual activity with someone under their care can be charged with sexual assault. If an adult commits this crime against an alleged victim between the ages of 12 and 18, they can face first-degree felony charges punishable by life in prison.
Types of Sexual Assault Offenses We Defend Against
Fortunately, our attorneys are well-versed in criminal law to defend against a wide range of sexual assault offenses, including:
Navigating the legal intricacies of sex crime laws can be daunting and overwhelming.
Having an experienced lawyer on your side can significantly affect the outcome of
your case.
Stay In The Know
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Trump Labor Nominee’s Conflicting Stances on Sex Crimes
Turn to Beckham Law Firm for an Aggressive Defense
Sexual assault and other sex offenses can result in significant repercussions. Consulting with a trusted sexual assault defense lawyer is critical to protecting your life and liberty in Miami-Dade County.
At Beckham Law Firm, our award-winning attorneys consistently meet the highest level of legal excellence and ethical standards. With a winning track record of results and years of experience navigating the high stakes and legal complexities of sex crime cases, you can trust us to vigorously defend your rights.
Choosing to work with Beckham Law Firm means aligning with a firm that values transparency and communication. We believe in educating our clients throughout the legal proceedings, allowing them to make informed decisions every step of the way.
This level of client involvement helps us build not only effective defense strategies but also trusting relationships that prioritize the best interests of those we represent. From pre-trial motions to negotiations, we provide comprehensive support tailored to the specific needs of each client.
Arrested for sexual assault? Securing a skilled defense is essential to protect your rights and reputation. Call (786) 244-8010 to schedule a free consultation.
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