In Florida, a law enforcement officer includes police, correctional officers, probation officers and Fish and Wildlife Commission officers. A battery is when someone intentionally touches another against their will. If the “victim” of a battery is a civilian, the criminal charge is considered a misdemeanor in Duval County. When the victim is a law enforcement officer, the charge is elevated to a third degree felony. Because the woman is a teacher, she likely has no criminal history. Programs for people who have no previous arrests may allow her to have the charge dropped if she completes certain requirements, such as anger management and performing community service. Probation in Jacksonville is also an option.

The other teacher is a chorus teacher at First Coast High School. She is accused of having sexual contact with a student. According to an article in the Florida Times Union, the victim was sixteen or seventeen years-old at the time. This teacher has been charged with several counts of Unlawful Sexual Activity with Certain Minors. Each of these charges is a second degree felony, punishable by up to fifteen years in prison and the possibility of becoming a sex offender in Florida. Under Florida law, when a person who is 24 years-old or older engages in sexual activity with someone who is 16 or 17 years-old, they can be arrested for this charge. Each act is considered another crime. Sexual activity includes oral, anal or vaginal contact. Under this law, the “victim’s” sexual history is considered not relevant. As with the other teacher, this chorus director likely has no criminal past. And although the victim’s prior sexual history is not considered important under the letter of the law, it is very important to understanding what happened and important in mitigating the charge.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crime Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The man is charged with video voyeurism, which is considered a second degree felony in this case in Florida. The maximum punishment if convicted is fifteen years in prison. To prove the crime of video voyeurism in Jacksonville, the state attorney’s office must prove that the man intentionally used an imaging device to view or record the boy, without the boy’s knowledge or consent, who is privately exposing his body. “Privately exposing the body” is defined as exposing a sexual organ. “Imaging device” can be any electronic viewing device, camera, video camera or cell phone. The state of Florida would also have to prove that the recording was made for the man’s amusement, sexual arousal or gratification. Because the man is twenty nine years-old and the boy is six, the crime is elevated to a second degree felony. If the suspect was under nineteen, the voyeurism case would be considered a first degree misdemeanor.

While the crime of video voyeurism is sexual in nature, it is not considered a sex crime in Jacksonville that would require sex offender/predator registration. Even though registration is not required when convicted of this crime, the likely punishment would include probation to complete many of the conditions required on a sex offender probation in Duval County. The conditions may include getting a psychosexual evaluation and comply with any recommended follow-up, not being allowed to have unsupervised contact with minors, payment of restitution to the victim’s family for any psychological treatment of the boy, and possibly the wearing of a GPS monitor while on probation.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Voyeurism Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The man is facing kidnapping with a weapon and sexual battery charges in Florida. Both charges are considered life felonies in Jacksonville. To prove the charge of kidnapping in Florida, the state would have to prove that the man confined, abducted or imprisoned the woman by force, secret or threat with the intent to commit any felony. Sexual battery is defined as any oral, anal or vaginal penetration or union with the sexual organ of another person without their consent. The State Attorney’s Office has established a new unit within their office to handle these “cold cases”. As more and more rape kits are tested, more and more people will be identified through DNA and will be eventually be arrested in Jacksonville on sex charges. While DNA evidence is powerful, there is a spectrum of levels the DNA matches and points to a particular person. The level of accuracy of the evidence found depends on how much of a foreign DNA strand is located in the kit.

Sexual charges are the most serious charges one can face. They are punishable as if you have killed someone and there is rarely physical evidence. Just someone saying it happened. If you or someone you love is accused of committing a sex crime in Duval, Clay, Nassau or St. Johns Counties, call an experienced criminal attorney immediately. You have the right to remain silent. Exercise that right and call.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Sex Crime Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The teacher is charged with two separate crimes. The first is Sexual Performance by a Child, which is a second degree felony. This charge carries up to 15 years in prison and a sexual offender designation. In Jacksonville, “sexual performance” is defined as any performance that includes sexual conduct by a child less than 18 years of age. A “performance” is further defined as any play, motion picture, picture, exhibition, show, image, data, computer depiction, representation or other presentation over a period of time. In order to prove this charge in Duval County, the state attorney’s office has to prove that the teacher, knowing the content, he or she produces, directs or promotes any performance that includes sexual conduct of a child.

The other charge the teacher is facing is Transmission of Material Harmful to Minors by Electronic Device or Equipment. The man has to have actual knowledge or believed the recipient of the communication was a child. Knowing this, the state of Florida has to prove that the teacher believed he was transmitting an image, information or data that is harmful to minors. This charge is one level down from the previous charge. It is considered a third degree felony, punishable by up to five years in prison.

It is always a serious matter when someone is accused of sex crimes in Jacksonville, but it is particularly terrible when the accused is a teacher. Just based on an accusation, the teacher will lose his job. Even before any plea or conviction. If you are accused, or hear of any possible accusations coming your way, contact an experienced sex crime attorney in Jacksonville as soon as possible.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crime Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Video voyeurism is not a common crime in Jacksonville, but that is the charge this man faces. In order to convict someone of this Duval County sex crime, the State Attorney’s Office has to prove that the man intentionally used or installed an imaging device to secretly view or record the women, without them knowing. They have to have been undressing or privately exposing their body at a place and time when they had a reasonable expectation of privacy. Installing the camera has to be for his amusement, entertainment, sexual arousal, gratification, profit, or to degrade another person. As you can see, there are quite a few things the prosecutor assigned to the case would have to prove.

Because the man is nineteen years of age or older, the crime of video voyeurism is considered a felony. If convicted, the man faces up to five years in prison. If the man was under nineteen, the crime would be considered a misdemeanor, punishable by up to one year in jail.

It is unclear what the relationship of the man and two women who lived in the home was, but the man did live there. It was his shower as well. At this point in the case, a prosecutor will be looking at all of he evidence to decide what charge to file, if any. That is why it is so important to consult with an experienced Jacksonville criminal attorney as soon as possible after arrest. The State Attorney’s Office has a lot of discretion in who and what they charge. You must have someone fighting for you.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crime Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

This arrest was out of a sting called Operation Cruel Summer. Periodically, police departments all over Florida conduct online trolling operations and make several sex crime arrests. Local law enforcement will usually post an online profile on a website, such as Craigslist. The men will begin a chat with a detective posing as a child and the “child” will eventually reveal his or her age. Some of the men continue the conversation, whether via email, text or messaging. Some men will ask for pictures and send pictures of themselves. Some clothed and some not. Often times, the “child” will ask the men to meet up at a location, usually their house. This house has been procured by the police and is full of officers waiting to pounce on the suspect as soon as he comes to the door.

The charges that come out of these stings can vary, but the most common are what the firefighter has been charged with. Solicitation of a child via computer is a third degree felony and is considered a “sex” crime in Florida. If convicted, at a minimum, the man will be a sex offender for the rest of his life. Any person who uses a computer service to seduce, solicit lure a person believed to be a child to commit a sex act is guilty of this offense. The maximum time in prison for this St. Johns County sex case is five years. The other felony charged is unlawful use of a two-way communication device, which also is a third degree felony. Although punishable by the same amount of prison time, this is not considered a sex crime in Florida. Any person who uses a two-way communications device, such as email or text, to facilitate or further the commission of ANY felony commits this crime.

Even though not charged in this case, the other sex crime most commonly charged in these sting operations is traveling to meet a minor. If the man traveled any distance to seduce, lure, entice or attempt to get a child to engage in sexual conduct, they can be charged with traveling. This is a more serious felony, second degree, and is punishable by up to fifteen years in prison. It is also considered a sex crime.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our St. Johns County Sex Crime Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The first, and most serious charge, is capital sexual battery in Jacksonville. If a person is convicted of this charge, the judge would have to sentence that person to life in prison. A judge would have no discretion. Capital sexual battery is when an adult commits a sexual battery on a child under twelve years of age. “Sexual Battery” is defined as any oral, anal or vaginal penetration, or touching of, by sexual organ of the perpetrator or by an object. The other sex charge is showing obscene materials to a minor. A person cannot knowingly sell, rent, loan, give a way, distribute, transmit or show any obscene materials to a minor. “Obscene” is defined as material that the average person would, taken as a whole, appeal to prurient interests, depicts in an offensive way sexual conduct and taken as a whole lacks any serious literary, artistic, political or scientific value. “Materials” are any book, magazine, periodical, pamphlet, newspaper, photo, video, etc.

The Sheriff’s office, according to the report, interviewed the man in this case and he allegedly confessed to the crime and possibly admitted to others. When someone is accused of a sex crime in Duval County, the police follow a protocol. A call comes into the police, usually through 911, and a patrol officer goes to the scene. The alleged victim, or victim’s parents, talk to the patrol officer. A sex crime detective is assigned at some point after and a Child Protection Team forensic interview is scheduled. The child is taken to the interview and without the parents being present, the child is interviewed. That forensic interview is usually videotaped.

After the child interview is completed, the detective will attempt to talk to the suspect. If you have been accused of a sex crime, or any crime for that matter, you have a right to remain silent. Exercise that right. As part of police training, police are taught interrogation techniques. They are taught to lie to a potential suspect to attempt to get admissions. Yes, you read that right. Detectives are taught to lie as part of their questioning. When accusations are brought out, you should immediately call an experienced sex crime attorney in your area.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crime Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The man faces a lewd or lascivious exhibition charge in Jacksonville. In order to prove the charge, the state attorney’s office has to show that the man intentionally masturbated, intentionally exposed his genitals in a lewd or lascivious manner or intentionally committed a sexual act that did not involve physical contact with the alleged victim. Examples of this could be bestiality or simulations of sexual activity. If the suspect is eighteen years-old or older and the alleged victim is under sixteen, the charge is considered a second degree felony punishable by up to fifteen years in prison.

A $100,003 bond was set in Duval County for this case. Accused sex suspects, in Jacksonville and all over Florida, are considered especially dangerous by prosecutors and the judiciary. Even though there is no allegation of touching in this case, the man must post a very high bond to be released to fight his charge. In cases involving any type of sex accusation, there very often is no physical evidence to corroborate the alleged victim’s statement. But it is that statement that leads to an arrest and being held in jail, all while the suspect has the presumption of innocence. The state attorney’s office has to prove the charge beyond all reasonable doubt and until they do, the accused is considered innocent under the law.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Sex Crime Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

This is in stark contrast to Florida’s age of consent. In Florida, and many other states, eighteen is the minimum age that a person can consent to sex. Consent is defined as intelligently, knowingly and voluntarily consenting to the contact and cannot be coerced. Ages of both the accused and the alleged victim are extremely important to the various sex charges in Jacksonville. For example, sexual battery, or rape, in Jacksonville is defined as oral, anal or vaginal penetration by any means without consent. If a person eighteen years of age or older commits a sexual battery on another adult, the crime is considered a second degree felony punishable by up to fifteen years in prison. If the accused is eighteen or older and the alleged victim is twelve or older and less than eighteen, the sex crime is elevated to a first degree, punishable by up to life. The same elevations apply to lewd or lascivious crimes in Florida. Lewd molestation is when someone intentionally touches, in a lewd or lascivious way, the breasts, genitals, genital area or buttocks or the clothes over them of a person under sixteen years of age. If the accused is eighteen or older and the alleged victim is less than twelve years of age, it is considered a life felony. If the accused is an adult and the alleged victim is twelve or older but less than sixteen, the level is dropped to a second degree felony.

No matter the ages, when someone is convicted of a sex crime in Florida, they are looking at being a sex offender or predator for their entire life. Restrictions will be placed on where they can live, where they can work and who they can associate with. In addition to the registration, they are subject to being on sex offender probation, which is the most stringent probation by far in our state. Sex offender probation in Florida includes intensive psychosexual counseling, periodic polygraph examinations, restrictions of where you can live, restrictions on where you work, restrictions on where you go and restrictions on being around any minors, including natural born children.

Any sex allegations or accusations can effect your entire life going forward. Even if there is no physical evidence, if the police and prosecutors believe the accuser, you will be arrested and possibly fighting for the rest of your life. It is imperative to talk to a qualified sex crime attorney as soon as possible.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Because the man was arrested for a new law violation while on probation, his Duval County sex offender probation is going to be violated. Even though he now has a $500,000 bond on the new sex charge, the bond for the violation of probation will almost surely be NONE. That means once arrested on the violation, he cannot bond out at all. When you are on probation in Jacksonville and are arrested on any new charge, you can be violated if the new arrest was based on probable cause. That means that more likely than not, the arresting officer believed a crime was committed. The man is on probation for sexual battery of a minor, which is a first degree felony. That means he is facing up to thirty years in prison if he is found in violation of his probation. This possible sentence does not include the new charge.

The new sex charge is sexual battery, which is a second degree felony in Florida. If filed, this charge carries a maximum of fifteen years in prison. Sexual battery, also referred to as rape, is usually a he said/she said. That appears to be the situation in this case, although police claim the man denied any sexual contact with the woman. This presents a problem if his semen was in fact found on her pants. The fact that the man is a registered sex predator is going to hurt his credibility with prosecutors assigned to make the decision on whether or not to file the new charge.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crime Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

When someone is arrested for any sex crime in Jacksonville, they will most likely have a very high bond. As high as if they were facing a murder charge with a lot less evidence. The State Attorney’s Office then has about two and a half weeks to make a decision about what to do with the case. They can file the case as charged, they can drop the case because of a lack of evidence, or try to negotiate a disposition prior the the filing decision.

Negotiations in sex cases are very important and can have lifelong consequences. Sometimes, the prosecutor assigned to the case will offer to file a non-sex charge in return for the defendant serving jail time, going on probation, or both. Sometimes, the prosecutor will offer the sex charge with no jail or prison time, but require sex offender probation with the added bonus of being labeled a sex offender for life. In Duval County and every county in Florida, when you are convicted of a sex crime, such as sexual battery, sex offender probation is going to be part of the punishment. Florida sex offender probation is the most difficult probation in our justice system. An offender will be required to successfully complete psychosexual counseling, have no unsupervised contact with minors, cannot live within 1,000 feet of places where children regularly congregate, submit themselves to searches from the probation officer at all times, may have to wear an ankle monitor as well as many other conditions.

If a defendant survives the strenuous sex offender probation, they face the lifelong sex offender registry. The defendant will have to tell the police where they live (sleep) and where they work FOREVER. If a defendant moves from their residence, they must report it to the government within a certain time period. Where the offender lives and what crime they were convicted of is available to the public at all times.

Sex offender registries are the only registries in our country. A person can serve their time in prison for the crime, but never fully be able to move on with their lives, unlike ALL other criminal charges. There is no “murder” registry. There is no “theft” registry. That is why it so very important to consult with an experienced sex crime attorney if there are even accusations or talk of sex charges.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crime Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

When police set up these stings, they have their act together. All communications with a subject are saved, including emails, direct messages, texts and phone calls. When the suspect comes to the location set up by the detectives, they are immediately arrested when they walk in the door. All electronic devices are taken from them, including their cell phones and computers. The phones and computers are searched and if any questionable images or videos are found, a new charge will be added. Under Florida law, if you seduce, lure or entice a child, or someone you believe to be a child, to commit illegal sexual conduct, this is a third degree felony. In addition to facing up to five years in prison, you are facing being labeled a sex offender, forever. Traveling to meet the minor is also a third degree felony, punishable the same way. The one felony associated with these stings that is not a “sex” charge is unlawful use of a two-way communication device. This is also a felony in Florida. The one man in this sting has an additional charge of possession of child pornography. Child pornography is defined as any image showing a minor engaged in a sex act.

If arrested in a traveler sex sting, it is imperative to seek the advice of an experienced and knowledgeable Jacksonville sex crime lawyer. Not every case is the same. Mitigation can be presented to the state attorney’s office to possibly have the charges reduced or even dropped in the right circumstance.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crime Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Sexual battery when a victim is physically incapacitated or unable to resist is one of the most serious sex crimes in Jacksonville and all of Florida. It can be charged as a first degree felony, which is punishable by up to thirty years in prison. Florida statutes define a “physically helpless” victim as one who is unconscious, asleep, or is physically unable to consent. Being drunk or intoxicated on drugs can be considered physically helpless in this case. In any rape allegation, it usually comes down to a he said/she said. A woman saying she did not consent to sexual contact can be enough to prosecute a sexual battery. Even if she did not physically resist. Even if she did not initially report the alleged assault. Even if the two were seen together, happy, just before the alleged rape. In many cases, there is no physical evidence to substantiate the claim. If the alleged victim seems credible to the prosecutor, that is enough to move forward. In the Gainesville case, the security reportedly took cell phone video of the contact between the parties at the dumpster. If there is video evidence of sexual contact, the issue will come down to whether or not the woman consented or had the ability to consent.

The extremely high bond, half a million dollars, is not abnormal when there are accusations of sexual misconduct. In Duval County and around Florida, bonds for sex cases are far higher than any others, including some murders and violent crimes. The mere suggestion or allegation of illegal sexual contact can lead to being arrested and put in jail on a bond so high you cannot meet it or you could have no bond. Just based on a person’s word. That is why it is so important to consult with an experienced Duval County Sex Crime Attorney the minute there is any word of sexual misconduct.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

When someone is even accused of a sex crime in Jacksonville, there is a stigma that automatically attaches. Even if the accusation is a complete lie. In sex cases, there is often no physical or eyewitness evidence, just someone’s word. Despite the lack of evidence which so often accompanies sex charges, they are punishable as if you had murdered someone. Many Jacksonville sex crimes are punishable by fifteen years, thirty years or life in prison. There are all kinds of reasons people lie, but when someone says they have been sexually assaulted, there is usually going to be an arrest.

If you are arrested for any type of sex crime in northeast Florida or anywhere, you should first contact an experienced criminal defense lawyer in your area. Just because you have been arrested does not mean that the State Attorney’s Office will file the charges you were arrested for. As in the above mentioned case, prosecutors have wide discretion in what charges they pursue. In this case, the State’s alleged victim lied up front, claiming she had sex against her will. It turned out she was lying, for whatever reason. Even if the sex was consensual, a minor cannot consent to any sexual contact and the State could have pursued the sex charges. Instead, they chose to drop all of the sex felony charges and let the men enter pleas to a misdemeanor. They will be able to go on with their lives and hopefully avoid any of these type of issues in the future.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crime Defense Lawyer, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

When someone is arrested for a sex charge in Duval County, the State Attorney’s Office will assign the case to a particular prosecutor. That prosecutor will be in the Special Assault Division, commonly referred to as “SAD”. Once assigned, that prosecutor must make a decision about what happens in the case. This part of the process is called pre-filing. The prosecutor will look at all of the reports and speak to the detective, witnesses and alleged victim. This is the most critical part of any case. The benefit of hiring an experienced sex crime lawyer in Duval County is that the lawyer will meet with the assistant state attorney before they make any decisions about the case. The criminal defense lawyer can also accumulate evidence that the police missed or were not interested in.

If the prosecutor elects to file the sex case in Jacksonville, a defendant has a few options. The accused can fight the charge in court. Their sex defense attorney will get all of the reports generated in the case and any video and audio recordings taken. At that point, depositions will be scheduled. Depositions are where sworn testimony is taken of any and all witnesses in the case, including the person making the allegations. Almost anything can be asked at depositions, even if those questions cannot be asked in a trial. Once all the depositions are completed, the case will go to trial.

Another option is to negotiate with the prosecutor on the case. If the evidence against a defendant is strong, some people elect to get the best possible disposition in the case. If the defendant does not want to go to trial and does not want to negotiate, the only other option is to enter a plea of guilty to the judge. In many sex cases, this may not be a viable option because minimum mandatory sentences apply to many sex charges, which means that judges do not have discretion to go under the minimum time proscribed under Florida law unless the prosecutor waives that time.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crime Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

The first and most serious charge the man is facing is sexual battery while the victim is incapacitated. Under Florida law, a sexual battery is any sex act forced on someone else without consent. Consent has to be “intelligent, knowing and voluntary”. When a victim is helpless to resist, the sexual battery is elevated from a second degree felony to a first. This means the accused is facing up to thirty years in prison and being a sexual offender for life. A victim is considered physically helpless if they cannot tell the other person they are unwilling to consent to the sex act. In most Clay County rape cases involving physical helplessness, the victim is drunk on alcohol or high on some kind of drug. If the sexual battery case went to trial, a jury will have to be convinced beyond all reasonable doubt that the alleged victim was in fact incapacitated.

The other two charges are less common and are both misdemeanors in Florida. Sexual cyber harassment is when a person publishes sexual images of someone on the Internet without that person’s consent. The person posting the sexually explicit material must have the intent to cause the victim substantial emotional distress. It has to be willful and malicious. This law does not just apply to pictures. It also includes videos or any other real depiction of another person in a sexual position. Video voyeurism is the second misdemeanor the man is charged with. This occurs when a suspect installs a recording device to record someone where they have a reasonable expectation of privacy. If the suspect is nineteen years-old or older, the Clay voyeurism charge is a third degree felony. If the suspect is under nineteen, it is a first degree misdemeanor.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Clay County Sex Crime Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Unlawful sexual activity with certain minors is a second degree felony in Florida punishable by up to fifteen years in prison. Along with the possible prison term, this charge, along with all Jacksonville sex charges, can lead to the lifetime sentence of becoming a sex offender or predator. To prove this charge, the state attorney’s office must show that there was sexual activity between someone who is twenty four years-old or older and the alleged victim is sixteen or seventeen. Under Florida statutes, “sexual activity” is defined as any oral, vaginal or anal penetration or union with another’s sexual organ or an object. The alleged victim’s prior sexual history is considered not relevant under Florida law.

During police investigations or sex accusations, JSO detectives follow a similar pattern. It starts with a report of unlawful sexual activity, which can be sex with minors to allegations of rape. A sex crime detective is assigned and depending on the age of the alleged victim, will interview the alleged victim. If the victim is under eighteen years of age, the Child Protection Team will interview the minor. If the case calls for it, a medical examination will be conducted as well. Once an interview is done, the police will turn their attention to the alleged assailant. One common tactic is to initiate a controlled phone call. This is a recorded phone conversation between the alleged victim and the suspect. The victims are instructed on what to say and even during the conversation, get prompts from the detective who is sitting nearby. The goal is to get the suspect to make some kind of admission. In the Fletcher teacher’s case, the girl wore a recording device. This tactic is less common, but is used sometimes. Police will then attempt to interview the suspect. If you are approached to “give your side of the story” to police, don’t. Detectives are allowed, even taught, to lie to potential sex crime suspects. Common lies include telling the suspect his or her DNA was found on the victim when they have none, or that the victim has injuries that the actually don’t. It is so important to consult with an attorney who is experienced in Florida sex crimes before talking to anyone else, especially the police.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Sex Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

When someone is arrested for any crime, the prosecutor’s office in that county has to make a decision on whether or not to file the charge. In order for the police to make an arrest in Jacksonville, they must have “probable cause”. This means, more likely than not, the accused committed a crime. Once the case lands on a prosecutor’s desk, that prosecutor must decide whether or not they can prove the case beyond all reasonable doubt, which is a much higher standard than an arrest. When someone is arrested for a felony in Duval County, which all sex charges are, the prosecutor’s office has a period of time to make a decision about what to do. They can file the felony case as charged, drop the case if there is not enough evidence, or file the case as a misdemeanor. Assistant state attorneys have a lot of discretion when deciding what to do and that is why it is so important to hire an experienced criminal attorney. The Jacksonville criminal attorney can gather evidence and meet with the prosecutor to present your side prior to any charges being filed.

A sexual battery in Florida is defined as oral, anal or vaginal penetration, or union with, the sexual organ of another person or an object without the victim’s consent. Consent is defined as knowing and voluntary, not coerced. There are also different levels of sexual battery in Jacksonville. If the accused sexually battered a victim without violence or physical force, the crime is considered a second degree felony, punishable by up to fifteen years in prison and a lifetime of being labeled a sex offender. If the accused used violence or if the victim was physically incapacitated at the time, the sex crime is elevated to a first degree felony. “Physically incapacitated” can mean asleep or even drunk, which is obviously subject to interpretation. Often times, rape cases come down to a he said, she said.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crime Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

When someone is arrested for a sexual battery, or any other sex charge in Duval County, they are going to get no bond or a bond so high it will be difficult to make. When arrested on a warrant, the judge who signed the warrant will usually attach a bond amount to the warrant. On rare occasions, the judge will leave the bond blank for the judge in first appearance court to set. No matter what the bond amount is, a Jacksonville bond attorney can motion the court to set a reasonable bond or reduce a high bond. There are two reasons to set monetary bonds in criminal cases. The first is if the person is a flight risk. If the accused does not live in Jacksonville, their appearance bond will be set higher. The second reason bonds are set high is if the judge deems the accused to be a danger to the community. When it comes to sex accusations, most judges will set a very high bond even though nothing has been proven in the case.

In the above case, the woman was examined and a rape kit was used. A medical exam is conducted which includes a whole body check, including documenting of any and all physical injuries and the collection of physical evidence. If the patient reports to law enforcement, the evidence is provided to the appropriate law enforcement agency to be used in criminal prosecution. If the patient chooses not to report, the evidence is stored by law enforcement for a period of time. The people who examine alleged victims only examine alleged victims. Their job is to conduct the examinations and to testify for the prosecution in criminal cases. As an experienced sex crime attorney, I have had many sexual battery cases that include these rape examination reports. Even if there is no physical injury, not even redness on the woman, the examiners will testify that “most of the time” there is no physical evidence in rape cases. And, they say, just because there is no physical evidence doesn’t mean there wasn’t an assault.

Often times in an alleged rape case, it is a he said, she said. Words matter. Physical evidence matters. If you are accused of a sex crime in Duval County or anywhere in Florida, you need to call an attorney who fights sex based cases on a regular basis.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Sexual Battery Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.

Almost every month, counties in Florida set up these stings, often referred to as “traveler” stings. Local police set up an online advertisement, often times on Craigslist, with a general title not specifying the person posting is a child. Once a man contacts the poster, the sex detective posing as a child will message back to the man telling him they are a child. Most times, they ask if the man minds being with a younger person. This first messaging contact is all recorded to be used in the future prosecution. The conversations then move to cell phones with back and forth texting. These dialogues are also recorded for further use by law enforcement. Text messaging is where photographs are sent back and forth. The police even have pictures of the “minor” ready to send. These pictures are of a younger looking adult so the men don’t get get spooked. After the back and forth texting, some agencies set up a phone call with the suspect. Eventually, a meeting is scheduled and as soon as the man shows up, they are arrested.

Law enforcement usually rents a house in a residential neighborhood for the meetings. They set up video cameras outside and inside the house. The men are filmed driving up to the house and walking to the door. A young girl, or boy, will answer the door and as soon as the man walks in, they are thrown to the ground by police officers and handcuffed. The men are then taken to a room that is set up with a video camera and are read their rights. If the men don’t invoke their right to remain silent, they begin to answer questions about the situation and why they were there. After the interview, the men are taken to jail.

The primary crime the men are charged with is Traveling to Meet a Minor, which is a third degree felony in Florida. In order to be convicted of this Jacksonville sex crime, the man would have to use a computer to seduce or entice a child or another person believed to be a child, to engage in unlawful sexual conduct. In addition to facing up to five years in prison for this sex charge, the men are also facing being labeled a sex offender for the rest of their lives. Another common Florida felony that accompanies these cases is Unlawful use of a two-way communications device. This is also a third degree felony in Florida.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Sex Crime Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.