Defending Clients Against Unlawful Sexual Activity Charges in Coral Gables
Using “Ignorance of Age” as a Defense
One potential defense in unlawful sexual activity cases is that the accused did not know the minor’s age and reasonably believed them to be of legal age. Referred to as “ignorance of age” or “mistake of age,” this defense argues that the accused should not face criminal liability for a reasonable mistake.
However, mistake of age is not an absolute defense in Florida. The accused adult still faces potential penalties. But if we can show the mistake was reasonable under the circumstances, it may persuade prosecutors to offer a better plea deal or the judge and jury to impose lighter punishment.
As experienced Coral Gables sex crime defense attorneys, we know how to present convincing evidence and testimony to bolster a mistake of age argument. This may include the minor’s statements about their age, their physical appearance and maturity level, how the parties met, whether IDs were checked, etc.
While strict liability laws aim to protect minors from exploitation, punishing reasonable mistakes too harshly undermines justice. Our attorneys fight to defend our clients’ rights and avoid disproportionate punishment in unlawful sexual activity cases.
Additional Defenses in Unlawful Sexual Activity Cases
Beyond arguing mistake of age, numerous other defenses may apply in unlawful sexual activity cases, depending on the facts:
- No sexual activity occurred – We can challenge the accusation that any unlawful sexual acts took place. Oftentimes accusations stem from misunderstandings, family conflicts, or outright fabrications. We thoroughly investigate claims.
- Consentual relationship defense – While consent is not a defense regarding the sexual acts themselves, evidence of an ongoing romantic relationship can help rebut accusations of exploitation. This may persuade prosecutors to show leniency.
- Entrapment – If police or informants induced or encouraged the unlawful sexual activity, an entrapment defense may succeed. This applies primarily to undercover sting operations targeting specific individuals.
- Statute of limitations – Prosecutors must file charges for unlawful sexual activity with a minor within a certain time frame or the right to prosecute expires. If this deadline was missed, we can argue for dismissal.
- Improper police conduct – If police violated search and seizure laws, interrogation rules, or other procedures, evidence may be suppressed and charges dropped.
As dedicated Coral Gables sex crime defense lawyers, we explore every angle of a case to build the strongest defense for our clients. Contact us for a free case review and to discuss options for fighting your unlawful sexual activity charges.
Coral Gables Attorneys Specializing in Sex Crime Defense
Here at [Firm Name], our attorneys have extensive experience specifically defending sex crime charges like unlawful sexual activity with minors. We handle cases across South Florida from our office in Coral Gables.
Both partners [Attorney 1] and [Attorney 2] concentrate their practices on criminal defense and have successfully defended numerous child sex crime cases over their careers. They stay up to date on the latest legal defenses and case strategies for achieving dismissals, acquittals, and favorable plea offers for clients.
Our background and expertise in defending unlawful sexual activity with minor allegations means we understand these complex cases and the stakes involved better than general practice attorneys. We know how to identify issues and build strong defenses tailored to the unique circumstances of each case.
Beyond our courtroom and negotiation skills, clients appreciate our compassionate approach. We understand these cases often stem from complicated relationships and personal situations. Our first priority is always defending our clients’ legal rights, but we also provide the empathy and discretion these sensitive cases deserve.
What to Expect at Sentencing If Convicted
The potential penalties for unlawful sexual activity with certain minors charges vary based on the ages of the defendant and minor. But possible sentences if convicted can include years in prison as well as lifelong sex offender registration. These severe consequences demonstrate the critical need for an experienced defense lawyer.
However, even if our best defense efforts fail and a conviction occurs, experienced Coral Gables sex crime attorneys can still advocate for the most favorable outcome possible at sentencing.
In preparation for sentencing, we will thoroughly research and present mitigating factors to persuade the judge to show leniency. These may include:
- Defendant’s lack of criminal history
- Evidence the defendant accepted responsibility
- Defendant’s mental health or substance abuse issues
- Defendant’s public service record and positive contributions
- Victim impact statement requesting leniency
- Collateral consequences of incarceration on family
Our lawyers understand the many nuances judges consider when imposing sentences for sex offenses against minors. We will fight tirelessly to minimize any time behind bars as well as argue against sex offender registration if appropriate. And we prepare clients and their families to present heartfelt, compelling statements at sentencing.