Sex Crime Defense
Once an investigation of sexual crimes begins, it is often “guilty until proven innocent” as these types of charges are very personal and often the alleged victim is believed before any evidence of guilt is provided. You need the experience and attention of attorney Mark Lowry to get to the bottom of what actually happened and expose the truth.
The most common type of offense in this category is Sexual Battery, which is defined as oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. § 794.011(1)(h), Fla. Stat. There are various subsets of this statute that define different types of Sexual Battery, as in when the alleged victim is 12 years old or younger (a life felony), or when the Defendant was part of the family or in a custodial position like a teacher to the alleged victim. When the allegations refer to touching without penetration of someone under 16 years old, then often the charge is Lewd or Lascivious Molestation. This is charged when a person intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age. § 800.04(5)(a), Fla. Stat. (2015). It is a life felony to commit lewd or lascivious molestation on or against a child under the age of 12. § 800.04(5)(b), Fla. Stat.
Often times these charges are brought about by the alleged victim’s statement only, and no other corroborating evidence was available. If this is the case, then choosing the right defense attorney can be the difference between living at home and living at a Florida State Prison. This is because the right attorney, like Mark Lowry, can fold back the layers of the allegations to show a motive for the alleged victim to fabricate the allegations, or how the alleged victim consented at the time but later felt ashamed and wanted to hold the Defendant accountable. We use depositions, investigators, and other private tools to search for the truth on what really happened and why.
In choosing your attorney you need to think about experience, knowledge of the laws, and knowledge of the players in the case like the prosecutor and judge. While these are important traits to look for in your attorney, you also need someone that can connect with the jury if your case goes to trial. Often times the prosecutor will not give an appealing plea offer, so a trial is necessary, and there you need an experienced attorney that will connect with the jury while not looking too combative with the alleged victim. Regardless of the allegations, if your defense attorney looks like he is torturing the alleged victim on the stand, the jury will immediately feel bad and vote to convict. Attorney Mark Lowry knows how to connect not only with the jury, but as well with the alleged victim so that the jury does not simply feel bad for the alleged victim and disregard the facts. Experience matters, but in these sexually based cases, so does the human element of connection.
Call attorney Mark Lowry today to discuss your case and how we can help you.