Sex crimes are taken very seriously in courtrooms throughout the United States. While many other categories of criminal offenses involve victims and therefore carry additional weight and potential for greater sentences, the victims of sexual offenses are often treated with an even more compassionate hand by prosecutors, judges, and law enforcement entities. In today’s climate, with “Me Too” movements and social media uprisings, many of those accused of sex offenses are treated as guilty until proven innocent. The lawyers at Hanlon Law believe that the Constitution must be observed, that our clients are innocent until proven guilty beyond a reasonable doubt, and are entitled to a fair and just hearing on all charges.
Crimes can be prosecuted at either the State or Federal level. State charges are typically brought by county level prosecutors for offenses that occur within the jurisdiction of the State of Florida. Crimes like sexual battery or lewd and lascivious molestation typically fall under the jurisdiction of State prosecutors. The Federal government can also bring charges for offenses that cross state borders either physically or via the use of technology like computers or cell phones. Child pornography offenses can often be prosecuted by the Federal government because such materials are commonly exchanged across state lines via the internet. If you’ve been investigated or charged with any Federal sex offense, you should not try to deal with it yourself, but should immediately retain a skilled Sarasota criminal lawyer.
Types of Federal Sex CrimesThe Federal government, through the Department of Justice and the United States Attorneys office, will enforce violations of Federal laws. Federal cases are often more taxing to defend and those convicted of Federal charges can face more serious penalties than those convicted of State charges. Discovery rules differ between the state and federal charges. If you are charged in Florida state court, you are entitled to a broad range of discovery, including depositions of any and all witnesses on your case. In Federal court, there is very little discovery and defense attorneys are required to get more creative when trying to learn all of the information about their client’s cases.
One of the more common offenses charged as a Federal crime is child pornography. Federal prosecutors can bring charges in any case that involves the use of interstate commerce or actions that cross state borders. The distribution, transmission, and even receipt of child pornography materials very often involves the use of the internet to share illicit materials. Because the internet is an instrument of interstate commerce, and because child pornography materials are commonly shared across state and national lines, many child pornography charges can be prosecuted under federal law as opposed to state law. Anyone charged with Federal child pornography offenses should consult with a dedicated Sarasota criminal lawyer immediately to begin to build his or her defense.
Sometimes even more serious offenses can be charged as Federal crimes. For example, under 18 U.S. Code 2251A, a person can be charged with selling or buying of children, an ominous sounding criminal charges that carries with it similarly ominous penalties. Under the statue, anyone who transfers the custody of a minor with the knowledge that the minor will be portrayed in child pornography materials faces a minimum prison sentence of thirty years. The trafficking of children across state lines and the exchange of children for money for the purposes of forcing them into sex acts or producing child pornography are extremely serious criminal charges. Anyone facing such charges should retain a zealous Sarasota criminal defense lawyer immediately.
Contact Hanlon Law TodayThe attorneys at Hanlon Law have the experience and dedication necessary to defend you on even the most serious State or Federal charges. If you are under investigation or have been charged with a Federal sex crime, contact us today for a consultation at 941.462.1789.