Representing defendants in all stages of a criminal prosecution

Every day, thousands of people are charged with crimes in the United States. The people charged with a crime, and the person who is ultimately found guilty of the crime, are referred to as the "defendant" in the court system. You will often hear the word "defense" used instead of "defense attorney.” The role of a criminal defense attorney is to represent the interests of their client in all stages of criminal prosecution. Read more about injunction defense lawyers here. 

Representing a Client Charged With Sexual Assault

One of the most complex and difficult roles of a defense attorney is representing a sexual assault defendant in Florida, which often involves representing the client against the strenuous objections of the victim. In Florida, the burden of proof in a sexual assault case is the "preponderance of the evidence", which is defined as more than half of the evidence. This means that in order to prove a sexual assault, the prosecutor only needs to show that it is more likely than not that the sexual assault occurred. This is much weaker than the "beyond a reasonable doubt" standard required in other states.

The Consequences of Sexual Assault Charges

In point of fact, there are very few types of criminal accusations that have the potential to have such life-changing effects. Because of the sensitive issues with sexual assault allegations, the accused is automatically stigmatized by society even before the case is brought to trial. Accusations of sexual assault are among the toughest to defend. People who have been wrongly accused of the crime tend not to take the allegations seriously enough, thinking there is no reason to be concerned about the potential consequences.

The Difficulties of Defending Sexual Assault Charges

When it comes to sexual assault, because of the sensitivity of the sexual assault or sex crimes, prosecutors typically have a stronger inclination to trust the victim even if the evidence contradicts what the victim has said, even when the victim's words have been contradicted by the evidence. Even if the victim is lying, it's possible that this will still be the outcome. The personal testimony of the claimed victim and the accused both play a significant role in cases involving allegations of sexual assault; however, in the majority of cases, the word of the accuser is given higher credence than the word of the accused. In cases involving allegations of sexual assault, the personal statement of the claimed victim and the accused both play a significant role.

Penalties Relating to Sexual Assault in Florida

A person who is found guilty of sexual assault within Florida might face, at the very least, a conviction for a felony of the second degree, which is punished by a maximum of fifteen years in prison and financial penalties of as much as $10,000. The most severe kind of sexual assault in Florida can result in capital or even life crime, which carries the potential for life in prison or a death sentence, in addition to fines reaching up to $15,000.

Even if you consider yourself innocent, if accused of sexual assault, you should hire a criminal defense lawyer as early in the case as possible.