Sexual Assault Attorney in Jacksonville

Classifications and Degrees of the Offense

Florida law categorizes sexual battery offenses into different degrees, which are felonies with varying penalties. The severity of the charge is often tied to the victim's age and the use of force or weapons.

• Second-Degree Felony: This is a serious felony. A conviction can result in a prison sentence of up to 15 years and a fine of up to $10,000. This charge can apply in cases where the victim is 18 or older and the sexual contact occurred without force.
• First-Degree Felony: This is a more serious felony. A conviction can result in a prison sentence of up to 30 years and a fine of up to $10,000. This charge can apply in cases where the victim is 12 years of age or older, and the offender uses coercion or takes advantage of a physically helpless or mentally incapacitated victim.
• Life Felony: This applies to cases where the offender uses or threatens to use a deadly weapon or causes serious personal injury to a victim who is 12 years of age or older. A conviction can result in a prison sentence of up to life in prison.
• Capital Felony: This is the most serious charge and applies to sexual battery upon a person less than 12 years of age. A conviction for a capital felony is punishable by life imprisonment or death.

A knowledgeable sexual assault/battery lawyer in Jacksonville will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Penalties of a Sexual Assault Conviction in Florida

A conviction for the crime commonly referred to as sexual assault is a life-altering event. 

The direct legal penalties for a sexual assault conviction in Florida are steep and often include:

• Incarceration: Prison time, ranging from a few years for a second-degree felony to life in prison or the death penalty for a serious felony.
• Fines: Fines can be substantial, often reaching into the thousands or tens of thousands of dollars.
• Probation and Supervised Release: A conviction will likely be followed by a period of supervised probation, during which you must adhere to strict conditions. A violation of these terms can lead to re-incarceration.
• Mandatory Registration: A conviction for sexual assault requires mandatory registration as a sex offender, which is a severe and permanent consequence that will follow you for the rest of your life.
• Mandatory Counseling: The court may order you to attend various programs, such as sex offender treatment.

Collateral Consequences

A criminal record for a sex crime can follow you for the rest of your life, making it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and sex offenders are often barred from living in certain areas.

Additionally, a sex crime conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

Building a Strategic Defense for Sexual Assault Charges

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. As a seasoned Jacksonville sexual assault attorney, we will leverage every possible defense, including:

• Consent: In cases where the victim is of age, we can argue that the sexual activity was consensual and that the prosecution has not proven otherwise.
• False Accusations: We can argue that the alleged victim fabricated the accusations out of anger, jealousy, or a desire for revenge. This is a common defense in cases where the accuser and accused know each other.
• Insufficient Evidence: The prosecution must prove its case beyond a reasonable doubt. We will argue that the evidence presented is not sufficient to meet this high standard, either because the witness testimony is inconsistent or the forensic evidence is flawed.
• Mistaken Identity: We can argue that you have been misidentified as the person who committed the crime. This defense is particularly strong when the identification is based on a flawed witness lineup or a single, fleeting observation.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.

Our Comprehensive Defense Process

From pre-charge investigations through post-conviction matters, McCormick Law is with you at every step. Our detailed, client-focused strategies ensure:

• Thorough Investigation: We scrutinize evidence and conduct rigorous investigations to build a robust defense.
• Personalized Strategy Development: Each case is unique. We craft defense strategies tailored to individual circumstances and legal challenges specific to Jacksonville.
• Proactive Court Representation: Our familiarity with local laws and court protocols allows us to navigate the legal system efficiently and effectively.

Every case begins with a deep dive into the allegations and the context surrounding them. Our team works tirelessly to uncover every detail, ensuring that no stone is left unturned. We understand that each client has a different story, and our strategies are not one-size-fits-all. We adapt our approach based on the forensic evidence, witness testimonies, and any related legal precedents, ensuring your defense aligns with the specifics of Florida’s judicial system.

Why Choose McCormick Law for Your Defense

Choosing McCormick Law means opting for personalized and dedicated legal guidance. Our strategic location is not merely about convenience; it’s about rapid response times in critical situations. When every minute counts, being close to key judicial hubs in Jacksonville allows us to act swiftly and effectively on your behalf.

• Former Prosecutor Leadership: Attorney McCormick's insider knowledge as a former prosecutor allows us to anticipate and effectively counter prosecution strategies.
• 24/7 Availability & Flexible Scheduling: Legal challenges don’t adhere to business hours. With our round-the-clock service, you can access quality legal support whenever you need.
• Convenient Location: Our office is situated near Jacksonville’s courthouse and jail, facilitating prompt legal actions and providing easier access for consultations and meetings.
• Client-Centric Approach: We offer free initial consultations and flexible payment plans to reduce barriers to obtaining high-quality legal defense.

Contact Us for Your Free Consultation

Our team’s unique prosecutorial insight, 24/7 accessibility, and client-focused approach ensure you’ll receive the personalized guidance you need. Let us support you through this challenging time by offering clarity and strategic defense planning. Reach out today and take the first step towards protecting your future.

If you’re facing a sexual assault charge, McCormick Law is here to help. Call us at (904) 353-0436 or reach out online for a free initial consultation.