Our Palm Beach Sex Crimes Defense Lawyers Make Sure Any Case Against You Is Filed Promptly or Barred From Court
Being charged with a sex crime – or thinking you might be arrested – may cause a lot of anxiety. Your whole life can change if you are convicted. The uncertainty can be overwhelming, but you may not have to live with it forever. The government has a limited amount of time to bring a case against you for many types of sex crimes.
The experienced Palm Beach criminal defense lawyers at the Law Offices of Robert David Malove will ensure the government complies with all applicable statutes of limitations and that all your legal rights are protected. You don’t have to handle the complicated criminal justice system alone. We are here to help.
Statute of Limitations for Sex Crimes in Florida
The statute of limitations is the legal time limit for prosecutors to file criminal charges against a suspect. These time limits ensure that criminal cases are based on fresh evidence and protect defendants from the threat of prosecution indefinitely.
In Florida, the statute of limitations for sex crimes varies depending on the severity of the offense. Below are examples of sex crimes and the applicable Florida statute of limitations:
No Statute of Limitations
- Sexual battery on a victim under 12 years old
- Sexual battery with a deadly weapon or force causing serious injury
- Sexual battery by multiple perpetrators
- Human trafficking
Eight-Year Statute of Limitations
- Sexual battery on a victim over 16 that is not reported within 72 hours
Three-Year Statute of Limitations
- Unlawful sexual activity with certain minors
- Lewd or lascivious exhibition in the presence of an elderly or disabled person
- Incest (note: the three-year statute of limitations begins to run when the alleged victim is 18 years old)
- Computer pornography (other than first-degree felonies)
- Sexting (if it is a first-degree felony)
Two-Year Statute of Limitations
- Sexting (misdemeanor)
One-Year Statute of Limitations
- Soliciting for prostitution
For certain sex crimes involving minors, the statute of limitations may not begin until the victim turns 18 or reports the crime, whichever occurs earlier.
It's important to note that these are examples, and the specific circumstances of each case can affect how it's charged and prosecuted. Additionally, Florida law is subject to change. For example, in 2020, Donna’s Law was enacted to create statute of limitation exceptions in sexual battery against minor cases. Accordingly, it’s essential to consult with a qualified attorney for the most up-to-date and accurate legal advice regarding sexual offenses and their statutes of limitations.
What Happens if Florida Prosecutors Do Not File a Case Before the Criminal Statute of Limitations Expires
If prosecutors fail to file charges within the specified statute of limitations, they generally lose the ability to pursue the case. This means that even if evidence of a crime exists, you cannot be prosecuted for that specific offense if the time limit has passed. However, you may have to raise the statute of limitations as an affirmative defense in your case.
How Our Palm Beach Sex Crimes Defense Lawyer Can Help
When you're facing sex crime charges, having an experienced legal advocate in your corner can make a difference. At The Law Offices of Robert David Malove, we're committed to providing a strong defense for our clients.
Our approach to resolving your case includes the following:
- Thorough case evaluation. We'll carefully review all evidence and circumstances surrounding your case to identify potential weaknesses in the prosecution's arguments.
- Strategic defense planning. Based on our evaluation, we'll develop a tailored defense strategy aimed at achieving the best possible outcome for your situation.
- Negotiations with prosecutor. We'll engage in plea negotiations to potentially reduce charges or penalties when appropriate.
- Pre-trial motions. We may file motions to suppress evidence or dismiss charges if we identify legal grounds to do so.
- Trial representation. If your case goes to trial, we'll vigorously defend your rights in court, challenging the prosecution's evidence and presenting a compelling case on your behalf.
Throughout this process, we'll keep you informed and involved, ensuring you understand your options and can make informed decisions about your case. While we can't guarantee specific outcomes, our experience and dedication have helped many clients achieve favorable results. Here are a few of the things our clients say about us:
- “Malove is one of the best attorneys ever….” – Lude
- “Robert is a consummate professional who knows the law and courts ensuring the best possible outcome for your legal issue….” -Dan
- “Robert Malove is an excellent criminal defense Lawyer! He saved me. I owe him my life….” -name withheld upon request
We encourage you to review our other client testimonials and case results to get a better understanding of the outcomes we've achieved for others. Remember, every case is unique, and past results don't guarantee future outcomes, but they do demonstrate our commitment to fighting for our clients' rights and freedom.