Any conviction of a criminal offense that is sexual in nature wreaks havoc on the accused, victims and family members of both. If convicted, the results are usually long prison sanctions, destruction of one’s reputation and an overwhelming feeling of being condemned by the community where you reside, your peers and loved ones. Florida is a State that is particularly harsh when it comes to prosecuting these crimes. Crimes that consist of lewd or lascivious battery, molestation, conduct and exhibition. Other associated offenses are unlawful sexual activity with minors, sexual battery and rape. Certain crimes in Florida require minimum mandatory prison sentences that the Court has no discretion when it comes to departing and handing down less severe sanctions. The only way this minimum mandatory sentences can be avoided, is if the prosecutor handling your case agrees to waive them. Mr. Clayman will investigate the case in its entirety, depose all listed State witnesses, including the victim then work with the prosecutor to show deficiencies in their case in chief. This is done to get min mans waived and in some cases avoid jail or prison time entirely and even can result in your case being down-filed to less severe charges or even dismissed.

What Are You Charged With?

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Florida StatuteFelony DegreeDescription

LEVEL 1

847.011(1)(a)3rdSell, distribute, etc., obscene, lewd, etc., material (2nd conviction).

LEVEL 3

796.05(1)3rdLive on earnings of a prostitute.

LEVEL 4

800.04(7)(d)
3rdLewd or lascivious exhibition; offender less than 18 years.

LEVEL 5

800.04(6)(c)
3rdLewd or lascivious conduct; offender less than 18 years.
800.04(7)(c)
2ndLewd or lascivious exhibition; offender 18 years or older.
825.1025(4)3rd
Lewd or lascivious exhibition in the presence of an elderly person or disabled adult.
827.071(4)
2ndPossess with intent to promote any photographic material, motion picture, etc., which includes sexual conduct by a child.

LEVEL 6

775.21(10)3rdSexual predators; failure to register; failure to renew driver's license or identification card.
794.011(8)(a)3rdSolicitation of minor to participate in sexual activity by custodial adult.
794.05(1)2ndUnlawful sexual activity with specified minor.
800.04(5)(d)
3rdLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender less than 18 years.
800.04(6)(b)2ndLewd or lascivious conduct; offender 18 years of age or older.
825.1025(3)3rd
Lewd or lascivious molestation of an elderly person or disabled adult.
827.071(2)&(3)2ndUse or induce a child in a sexual performance, or promote or direct such performance.
847.0135(3)3rdSolicitation of a child, via a computer service, to commit an unlawful sex act.
914.232ndRetaliation against a witness, victim, or informant, with bodily injury.
943.0435(9)3rdSex offenders; failure to comply with reporting requirements.

LEVEL 7

796.032ndProcuring any person under 16 years for prostitution.
800.04(5)(c)1.2ndLewd or lascivious molestation; victim less than 12 years of age; offender less than 18 years.
800.04(5)(c)2.2ndLewd or lascivious molestation; victim 12 years of age or older but less than 16 years; offender 18 years or older.

LEVEL 8

2ndSexual battery, victim 12 years or over, offender does not use physical force likely to cause serious injury.
794.011(5)
800.04(4)2ndLewd or lascivious battery.
825.1025(2)2nd
Lewd or lascivious battery upon an elderly person or disabled adult.

LEVEL 9

794.011(2)1stAttempted sexual battery; victim less than 12 years of age.
794.011(2)LifeSexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
794.011(4)1stSexual battery; victim 12 years or older, certain circumstances.
794.011(8)(b)1st
Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
800.04(5)(b)1stLewd or lascivious molestation; victim less than 12 years; offender 18 years or older.

LEVEL 10

794.011(3)Life
Sexual battery; victim 12 years or older, offender uses or threatens to use deadly weapon or physical force to cause serious injury.