Articles Posted in Sex Crimes

In Florida criminal trials, multiple charges may be joined in a single case only if they are sufficiently related in time, place, or circumstance. When charges are improperly joined, it can result in unfair prejudice that undermines a defendant’s right to a fair trial. A recent decision from a Florida court the limits of joinder in a sex offense prosecution involving both molestation and possession of child sexual abuse material, and emphasizes that separate and unrelated charges cannot be tried together merely because they involve similar subject matter. If you are charged with multiple criminal offenses, a Tampa criminal defense attorney can advise you on whether a motion to sever may be appropriate to protect your rights.

Procedural History and Factual Background

It is reported that the defendant was charged in a 64-count amended information, including one count of lewd or lascivious molestation of his daughter, several counts of promoting sexual performance of a child, and dozens of counts of possession of child sexual abuse material. The molestation and promotion counts arose from alleged contact with a specific victim, while the possession counts were based on digital images stored on electronic devices found at the defendant’s home. The charges were tried together, and the defendant was convicted on all counts. He was sentenced to life in prison for the molestation count and received concurrent terms on the remaining offenses. The judgment and sentence were affirmed on direct appeal.

It is alleged that the defendant later challenged the propriety of the trial court’s decision to allow all 64 charges to be tried in a single proceeding. He contended that the charges stemmed from different acts and circumstances and should not have been joined under Florida Rule of Criminal Procedure 3.150. He argued that joining the molestation charges involving a known victim with the unrelated possession charges involving unidentified minors created undue prejudice and improperly influenced the jury’s verdict.

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In serious criminal cases, especially those involving potential capital offenses, the size and composition of the jury can raise important constitutional and statutory questions. Florida law historically permits six-person juries for most felony trials, but capital cases require twelve-person juries under both statutes and procedural rules. In a recent Florida sex crime case in which the defendant challenged the use of a six-person jury the court discussed what steps defendants must take to preserve their right to challenge jury decisions. If you are charged with a serious felony in Florida, a skilled Tampa criminal defense attorney can help you understand your trial rights and advocate on your behalf throughout the legal process.

Case History

It is reported that the defendant was charged with a series of serious sexual offenses that allegedly took place between 2007 and 2019. The charges included multiple counts of sexual battery on a child under the age of twelve, sexual battery on a child between the ages of twelve and eighteen by a person in familial or custodial authority, and lewd or lascivious molestation. The alleged victim was the defendant’s daughter, who testified that the abuse began when she was five years old.

It is alleged that the case proceeded to trial before a six-person jury, consistent with Florida practice for non-capital felonies. The defendant did not object to the jury size or request a twelve-person jury. The jury convicted the defendant on nearly all counts, and the court imposed multiple life sentences without the possibility of parole.

It is further reported that on appeal, the defendant raised two main arguments. First, he argued that his convictions for certain counts violated the constitutional prohibition on ex post facto laws, as he was charged under a statutory definition of sexual battery that was amended after the alleged offenses occurred. Second, he argued that he was entitled to a twelve-person jury under Florida law and the United States Constitution because he was charged with capital felonies. Continue Reading ›

In criminal proceedings, the reliability of jury verdicts is fundamental to the justice system. As such, if a jury issues a verdict that does not align with the evidence presented at trial, it may constitute grounds for vacating a conviction. In a recent Florida decision issued in a sex crime case, the court addressed the issue of inconsistent jury verdicts, highlighting the constitutional and procedural safeguards that ensure fair outcomes. If you are accused of committing a sex crime, it is crucial to retain a skilled Tampa sex crime defense lawyer to advocate for your rights and address any procedural irregularities.

Factual Background and Procedural Setting

It is alleged that the defendant was charged with multiple offenses, including a count of sexual battery by penetration. At trial, the jury found the defendant guilty of sexual battery by penetration but issued a special verdict explicitly stating that penetration had not occurred. This inconsistency was reportedly confirmed through a jury poll requested by defense counsel. Despite the apparent contradiction, no objection to the verdict was raised at trial, nor was a motion for arrest of judgment filed.

Reportedly, the defendant appealed, and the court initially affirmed the conviction without opinion. Subsequently, the defendant filed a petition alleging ineffective assistance of appellate counsel for failing to argue that the inconsistent verdict constituted fundamental error. The court found merit in this claim, concluding that the verdicts were “truly inconsistent” and warranted further review. A second appeal was then granted, limited solely to the issue of the inconsistent verdict. Continue Reading ›

Sentencing in federal cases often involves balancing the severity of the offense with mitigating factors presented by the defendant. A recent Florida decision examined whether a 300-month sentence for the production of child pornography was substantively reasonable, ultimately upholding the district court’s judgment. If you are accused of a sex crime, you should consult a Tampa sex crime attorney to assess your rights and options.

Facts of the Case and Procedural Setting

It is alleged that the defendant secretly installed hidden cameras on his family’s property to record two children, ages eight and nine, in private settings. The first camera was concealed in an outdoor shower, where it captured the children changing clothes. The second camera was hidden in an electrical outlet in a child’s bedroom, set at an angle to capture inappropriate images. Additionally, law enforcement found evidence suggesting the defendant tampered with the images to magnify inappropriate details.

Reportedly, the children discovered one of the cameras and alerted adults, leading to the defendant’s confrontation and subsequent arrest. During the investigation, law enforcement recovered 775 explicit images and one video from the defendant’s damaged cellphone. The defendant later pleaded guilty to two counts of production of child pornography under federal law, each carrying a mandatory minimum sentence of 15 years and a maximum of 30 years. Continue Reading ›

Under state and federal law, the courts must generally follow sentencing guidelines when issuing penalties for criminal offenses. In some instances, though, they can issue enhanced sentences that fall outside of the standard sentencing ranges, pursuant to the terms of the guidelines. For example, if a court determines that a defendant is a dangerous or repeat sex offender, it may find it necessary to impose greater penalties, as shown in a recent Florida ruling. If you are accused of committing a sex crime, it is in your best interest to speak with a Tampa sex crime defense lawyer about what defenses you may be able to assert.

Case Setting

It is reported that the defendant pled guilty to attempting to entice a minor and committing a felony crime involving a minor while being required to register as a sex offender. These charges arose from the defendant’s previous conviction in Florida for traveling to meet a minor after soliciting a guardian. The defendant had believed he was communicating with a stepparent of a minor child, discussing inappropriate matters, and sending explicit images.

Allegedly, however, the “stepparent” was an undercover law enforcement officer, and the defendant was arrested when they arranged to meet. At sentencing, the district court imposed a significant enhancement under the “repeat and dangerous sex offender against minors” provision due to the defendant’s prior Florida conviction. The court sentenced the defendant to 355 months of imprisonment, followed by a lifetime of supervised release. The defendant appealed, challenging the application of the sentencing enhancement and the overall reasonableness of the sentence. Continue Reading ›

The United States Constitution grants criminal defendants numerous rights to help ensure that they receive fair hearings. Among other things, the Constitution guarantees the right to a trial before a jury. As discussed in a recent Florida sex crime case, however, the right to a jury trial does not require a trial before a 12-person jury in most instances. If you are accused of committing a sex offense, you should talk to a Tampa sex crime defense lawyer about your possible defenses.

Factual and Procedural Background

It is alleged that the defendant was charged with three sex crimes for offenses that occurred between March and May 2020. Florida law provides for a six-person jury in non-capital cases. The trial court empaneled a six-person jury as the defendant’s charges did not qualify for a twelve-person jury because the death penalty was not applicable to the offenses at the time they were committed. During the trial, the court granted the defendant’s motion for judgment of acquittal on one count of capital sexual battery.

Reportedly, the jury then convicted the defendant of one count of battery, a lesser-included offense, one count of capital sexual battery, and one count of lewd or lascivious molestation. The trial court sentenced the defendant to life in prison without the possibility of parole for the capital sexual battery and molestation charges and to time served for the battery count. The defendant appealed, arguing that the use of a six-person jury violated his constitutional rights, claiming he was entitled to a 12-person jury under the Sixth and Fourteenth Amendments. Continue Reading ›

People charged with sex crimes often fear that they will have to remain in jail until their trial is over. In many cases, though, the courts find it appropriate to release people charged with sex offenses on bond, which allows them to participate more fully in their defense. If a person out on bond is charged with a second offense, their bond may be revoked, however. In a recent Florida ruling, the court discussed grounds for revoking and reinstating bond in a criminal action.  If you are faced with charges that you committed a sex crime, it is imperative to meet with a  Tampa sex crime defense lawyer to discuss what you can do to safeguard your liberties.

Factual and Procedural Background

It is alleged that the defendant faced numerous charges, including sexual battery upon a child under twelve, sexual activity with a child twelve to eighteen years old, lewd or lascivious conduct, and lewd or lascivious molestation. While out on bond for these charges, the defendant was arrested for domestic battery, leading to a second criminal case against him.

Reportedly, the court revoked the defendant’s bond in his first case due to the new offense. The State later dropped the domestic battery charge against the defendant, however, effectively ending the second case. The defendant then sought to reinstate his bond in his first case, arguing that since the second case against him was dismissed, there was no basis for bond revocation. The trial court denied the defendant’s request, after which he filed a petition for habeas corpus. Continue Reading ›

In Florida, when sentencing a person convicted of a crime, the courts will rely on numerous factors when determining an appropriate penalty, including victim injury points. Thus, if a sentencing court improperly adds victim injury points, the resulting sentence may be illegal, and there may be grounds for vacating it, as demonstrated by a recent Florida opinion delivered in a sexual battery case. If you are charged with a crime of a sexual nature, it is important to understand your rights, and you should meet with a Tampa sex crime defense lawyer as soon as possible.

Facts and Procedure of the Case

It is alleged that the defendant filed a motion under Florida Rule of Criminal Procedure 3.800(a) to correct an allegedly illegal sentence. The defendant argued that his life sentences for two sexual battery offenses were illegal because victim injury points were improperly added. The offenses occurred in 1988, and under the law at that time, victim injury points could only be added once per victim per criminal episode.

Reportedly, the defendant contended that he received victim injury points for three offenses, but there were only at most two criminal episodes involving a single victim. Removing 40 penetration points for one sexual battery would reduce his permissible guidelines sentencing range from life to 40 years in prison. The trial court denied the defendant’s motion and he appealed. Continue Reading ›