Ocala Sex Crimes Defense Lawyer

Under Investigation or Arrested? Take These Steps First

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Many sex crime cases take shape during the investigation, before any arrest. While you wait to speak with a lawyer:

• Decline interviews without a lawyer. Detectives may invite you to share your side. Politely say no and ask to speak with an attorney.
• Watch for calls about the accusation. Law enforcement sometimes records calls or messages between the accuser and the accused, so do not discuss the allegations with the accuser.
• Keep every device and account as it is. Deleting data after learning of an investigation can create new charges and harm your defense.
• Follow any court conditions. If you have been released, obey every condition, including limits on contact or internet use.
• Make a private timeline for your lawyer. Write down dates, places, who was present, and where messages or records can be found.

Why Choose Defend Ocala?

Straight Answers and Personal Attention

People accused of sex offenses often feel judged before anyone has listened to them. We treat you with respect, explain what the State alleges, and help you understand how each decision could affect your freedom and your future.

Experienced Florida Criminal Defense Attorneys

Our founder, Jeffery Higgins, has been licensed in Florida since 1998 and holds a Martindale-Hubbell AV Preeminent rating, and attorney Brett Kocijan has defended clients since 2001. Sex offense defense is a core part of our practice, and these cases call for a firm familiar with forensic interviews, digital evidence, and registration law. Meet our attorneys to learn more.

Flat Fees, Payment Plans, and No Trial Fee

Defend Ocala works on a flat fee with payment plans available, and we do not charge a separate trial fee. In serious cases, an added trial fee can push people toward pleas they do not want. Our fee stays the same if your case goes to trial. We will discuss the fee for your case at your free consultation.

What Offenses Are Considered Sex Crimes in Florida?

Florida’s sex offenses are spread across several chapters of the Florida Statutes. Some of the most frequently charged offenses include:

• Sexual battery: Charged under § 794.011 when the State alleges sexual penetration or union without consent, or with a person who cannot legally consent.
• Lewd or lascivious offenses: Charged under § 800.04 for alleged conduct involving a person under 16, including battery, molestation, conduct, and exhibition.
• Unlawful sexual activity with certain minors: Charged under § 794.05 when a person 24 or older is accused of sexual activity with a 16- or 17-year-old.
• Online solicitation and traveling to meet a minor: Charged under § 847.0135 for using a computer or device to solicit someone believed to be a minor, or traveling to meet that person.
• Unlawful use of a two-way communications device: Charged under § 934.215, often together with online solicitation.
• Child pornography: Charged under § 827.071. Visit our child pornography defense page to learn more.

How Do Internet Sting Cases Work?

Many solicitation and traveling charges come from undercover operations, where officers pose online as minors or as parents offering access to a minor. Because Florida’s law covers someone the accused believed was a minor, no actual child needs to be involved. These cases often turn on the exact messages, who first raised sexual topics, what was said about age, and whether officers induced the offense.

What Happens After a Sex Crime Arrest in Marion County?

Many sex crime arrests follow an investigation that started weeks or months earlier. Cases in Marion and Lake counties are prosecuted by the State Attorney’s Office for Florida’s Fifth Judicial Circuit.

First Appearance and Release Conditions

At first appearance, the judge sets bond and conditions, which can include no contact with the accuser, limits on contact with minors, and restrictions on internet or device use. Bring the written order to your lawyer so advice is based on its terms.

The Filing Decision

The State Attorney’s Office decides whether to file charges and which charges to file. The filed charges can be different from the arrest charges.

Evidence Review and Depositions

Once charges are filed, the defense receives the State’s evidence, which may include recorded forensic interviews, medical records, DNA results, and phone extractions. Florida’s rules also allow the defense to take depositions in felony cases. Some cases end in dismissal or a reduced charge, but no result can be guaranteed.

What Are the Penalties for Sex Crimes in Florida?

The sentence depends on the offense, the ages of the people involved, the facts alleged, and prior history.

Felony Penalties

Most sex offenses are felonies. Sexual battery on an adult without force likely to cause serious injury is a second-degree felony punishable by up to 15 years in prison. Lewd or lascivious battery and traveling to meet a minor are second-degree felonies, and online solicitation of a minor is a third-degree felony. Certain offenses involving children under 12 carry life or capital penalties.

Sex Offender Registration

Many sex offense convictions require registration under Florida Statutes § 943.0435, often for life, and a withheld adjudication counts as a conviction for registration purposes. Registration includes reporting requirements, public listing, and, for some offenses, residence restrictions under § 775.215.

Sex Offender Supervision and Civil Commitment

A sentence may include sex offender probation or community control under § 948.30, with conditions such as curfews, treatment, and limits on contact with minors. After a prison term, some people are also evaluated for civil commitment under Florida’s Jimmy Ryce Act, beginning at § 394.910.

These consequences should be reviewed before accepting any plea.

How We Build a Sex Crime Defense

An accusation is where the investigation begins, not where it ends. Our review looks at what the evidence shows and whether the State can prove each element.

Gather the Full Picture

Depending on what exists, useful evidence may include messages and social media, forensic interview recordings, medical records, DNA results, phone location data, and witness statements. Timing, earlier statements, and inconsistencies can matter.

Choose the Defense the Evidence Supports

• Consent: In cases involving adults, consent is often the central question.
• False or mistaken accusations: Timelines, digital records, and prior statements can reveal inconsistencies or motives.
• Entrapment and inducement: In sting cases, the undercover officer’s conduct and the exact wording of the chats can decide the case.
• Reliability of a child’s statements: Under § 90.803(23), certain out-of-court statements by a child are admissible only after the court finds them reliable at a hearing.
• Digital evidence and search issues: Warrants can be challenged, and the State must prove who used a device or account.

Every case is different. We explain the strengths and weaknesses we see so you can make informed decisions about your defense.

State and Federal Sex Crime Charges Are Different

Some online cases are prosecuted in federal court instead of, or in addition to, state court. Under federal law, enticement of a minor under 18 U.S.C. § 2422(b) carries a 10-year mandatory minimum prison sentence, which is much harsher than many similar state charges.

If federal agents are part of your investigation, tell your lawyer right away, because the strategy for a federal case can be very different.

Sex Crime FAQs

Office visits by appointment. Call (352) 607-8548