Being accused of a crime that is sexual in nature, is a troubling, embarrassing and life changing experience. If you have been accused of a sexually related office it is important that you contact an experienced defense attorney immediately. Anthony Rickman, Esq. is skilled and experienced in repressing his clients in both State and Federal Court who have been charged with a sexual offense.
Based on the nature of the charge, a person accused of a sexually related offense will likely suffer consequences above and beyond just the criminal accusation. Often times allegations of sexual misconduct are fabricated, exaggerated, and motivated by other reasons. If you are accused of a sex crime it is important to act quickly and hire an attorney who has the knowledge, skill, and experience to fight against these accusations. Attorney Anthony Rickman is aggressive and diligent in fighting your charge and the accusation against you before you ever step foot in a courtroom. Often times he is able to get the state to drop the charges and allegations against you before it ever gets to court. If you are under investigation, or contacted by the police regarding an allegation that is sexual in nature. It is important to know your rights before making any statement to law enforcement. If you have been contacted by law enforcement, had a warrant executed on your residence, or accused of a sex offense, Contact Anthony Rickman for a free consultation.
Once a sexually related charge has been brought against you, it is important to here an attorney who has the courtroom experience to fight against these accusations. Anthony Rickman has the experiences skill and knowledge to represent you in all stages of your criminal case. In analyzing your case, Mr. Rickman will look at the nature of the accusation, the credibility and reliability of the witness. Using his skills that were learned as a prosecutor and perfected as a defense attorney, Anthony will be provide you with the top notch representation needed to poke holes in the stats case and achieve a favorable outcome.
Often in sex cases law enforcement uses techniques that may be illegal or in violation of your rights. Through his experience and knowledge Mr. Rickman will be able to look at the conduct of law enforcement to determine if you were the victim of police entrapment, illegally searched, illegally detained or illegally questioned. If your rights have been violated by the police who are conducting your investigation then your case may be dismissed. If you have been accused of a sex offense it is important that you contact Anthony Rickman for a Free Consultation.
Possession of Child Pornography
Florida Law defines Child pornography as any image, photo, magazine, video or computer file depicting a child under the age of 18 who is engaged in sexual conduct. Sexual conduct is broadly defined and includes sexual intercourse, masturbation, exposition of the genitals in a sexually suggestive manner, simulated sexual conduct, and rape.
It’s illegal to possess, distribute, transmit, and manufacture any item of child pornography. These are felony offenses, and they can include substantial jail time. It’s important to note that “child erotica” is different from child pornography. While certain images of children may include nudity, those photographs or images may not meet the requirement of “sexual conduct” under Florida law.
It is important to note that having only one photo on your computer that is deemed child pornography is a violation of the law. also photos images or videos that have been deleted from your computer may be recovered and used against you in a criminal case. Possession, distribution, transmit or manufacturing child pornography is a serious felony offense in Florida and possibly in our Federal Court System. If you have been accused in State or Federal Court of a crime related to child pornography, don’t delay contact Anthony Rickman for a free consultation.
Convictions on charges of possession of child pornography when you are in possession of less than 10 images is a third degree felony which is punishable up to 5 years in prison as well as fines not exceeding $5,000. If you are convicted of having more than 10 images you could be charged with a second degree felony with possible sentence of up to 15 years in prison with fines of up to $10,000. Any person convicted of child pornography or related sex crimes charge like child molestation or statutory rape must also register in the Florida Sex Offender Database.
Child pornography charges may also be prosecuted in Federal Court. Federal law prohibits the production, distribution, reception, and possession of child pornography. It applies whenever child pornography occurs in interstate commerce. This includes the following: using the U.S. mail, internet or CD’s/Videos that cross state lines to transmit, receive, possess or produce child pornography. In the Federal system a first time offender charged with transmission of child pornography faces a minimum mandatory sentence of 5 years in prison. A person convicted of production of child pornography faces a mandatory fifteen years in prison.
Child pornography cases are complex, and you need an experienced and skilled attorney to represent you and fight the Governments accusations. There are several defenses a person may have when accused of possession of child pornography. These defensives include attacking if the image is pornography, attacking the unlawful search of your home or computer, determining if you were entrapped by the police, and attacking if it was you who actually possessed or viewed the images. If you have been arrested accused or investigated for an accusation off possession of child pornography. Don’t Delay contact Anthony Rickman at The Rickman Law Firm.
Sexual Battery (Rape) is a very serious offense in the State of Florida. A conviction for sexual battery could result in your incarceration in the Florida State Prison as well as the requirement that you register a sex offender for the rest of your life.
Sexual battery is defined non consensual 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. It is important to note that a person under the age of 18 in the state of Florida cannot lawfully consent to sexual contact.
The degree of change and penalties for a sexual barmy conviction vary based not he circumstances and allegations against a person.
Sexual Battery of a Victim Under 12
Capital Sexual Battery of a victim under 12 is the most serious of the sexual battery charges. An adult who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of someone younger than 12 years old is guilty of a capital felony punishable by life in prison, and the designation as a sexual predator.
Forcible Sexual Battery
Anyone threatening to use or actually using a deadly weapon, or who uses physical force likely to cause serious personal injury commits a life felony. Penalties include a fine, up to life in prison, or both.
Sexual Battery Victim Offender Younger than 18 Victim younger than 12
A minor who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of someone younger than 12 years old is guilty of a life felony. Penalties include a fine, up to life.
Sexual Battery Victim Offender Older than 18 Victim older than 12
It is a First Degree felony punishable buy up to 30 years in prison to commit sexual battery on someone older than 12 when specified circumstances exist.
When the offender does not use physical force or violence likely to cause serious personal injury commits a felony of the second degree. Penalties include a fine, up to five years in prison, or both.
Sexual battery is a serious crime that is often the result a false accusation. There occasions where a consensual sexual act is reported as a rape although both parties consented and agreed to the sexual contact. A false accession of sexual battery could lead to many problems including the loss of your livelihood, reputation, and freedom. If you have been accused of a sexual battery it is important to contact an aggressive experienced attorney to fight against these accusation. Contact Anthony Rickman today for a free consultation.
Traveling To Meet A Minor
Traveling to meet a Minor to Commit an Unlawful Sex Act
We have all seen the TV shows and heard the news reports of people being arrested in sting operations designed the catch adults using the internet to meet minors for sex acts. If you have been arrested, or accused of “Traveling to Meet a Minor”, or “Using the Computer to Solicit a Minor” it is important that you seek the services of an experienced attorney. Attorney Anthony Rickman has been successful in representing clients accused of Traveling to meet a minor. Contact us today for a free consultation.
Traveling to meet a minor is a serious offense and if convicted you do face the possibility of a substantial prison sentence and would be required to register as a sexual offender. The crime of Traveling to Meet a Minor to Commit an Unlawful Sex Act is committed when a person: Uses an on-line service, app, internet service, or electronic device to seduce, solicit, lure, or entice a person believed to be a minor child to engage in an unlawful sexual conduct; and Travels to a location for the purpose of engaging in sexual conduct with the child.. It should be important to note that to prove this crime the state does not need to show that you actually contacted the minor at the location just that you traveled. Furthermore the person you traveled to meet does not have to be a minor as long as there is sufficient evidence to establish your intent to meet a minor.
Often times a traveling to meet a minor charge is the product a government undercover sting operation. During these stings officers pose on websites, web apps and classifieds as minors for the purpose of finding those they believe are interred in sexual contact with minors. These Government operations involve tactics that could be illegal such as entrapment.
A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.
Law enforcement cannot originate a criminal design, implant on an innocent person’s mind the disposition to commit the crime and then induce the commission of that crime so that the Government may prosecute. Often times in these to catch a predator cases law enforcement uses tactics to lure ordinary people to travel to a location by lying or deceiving the individual, seeking a person out when that person gives no indication they are looking for children and has no predisposition to commit the crime, by never stating or verifying their alleged age, by sending photos of attractive adults to the person as opposed to a child, or by instigating sexual conversation and enticing these individuals to travel to the officers location by manipulating their emotions or making repeated pleas.If you have been entrapped by law enforcement your case could be dismissed.
Lewd and Lascivious Conduct/Statutory Rape
Lewd and Lascivious Battery (Statutory Rape)
Lewd and lascivious battery (statutory rape) is a serious sex offense. Lewd and Lascivious is a second degree felony punishable by up to 15 years in Florida State prison and up to 15 years sex offender probation. If convicted of Lewd and Lascivious battery a defendant faces a mandatory prison sentence and mandatory registration as a sex offender on the Florida Sex Offender Registry.
Under Florida law, the crime of Lewd or Lascivious Battery is committed when a person engages in sexual activity with a child older than 12, but younger than 16; or Encourages, forces, or entices a child older than 12, but younger than 16, to engage in: Sadomasochistic Abuse, Sexual Bestiality, Prostitution, or Any other act involving sexual activity.
Lewd and Lascivious battery is a “strict liability” crime which means the minor’s consent, the defendant’s mistake of age, proximity of the minor’s age, the minor’s misrepresentations about age and the defendant’s intent are not defenses. For example, if a person under the age of 18 lies and even proved a false ID indicating that they are over the age of 18, you still may be convicted of a crime even though you honestly believed the person was over the age of 18.
If you have been accused of Lewd and Lascivious battery it important that you contact an attorney immediately. Before talking to the police you should contact an attorney who is skilled, knowledgeable and experienced with these kind of cases. Anthony Rickman has successfully handled numerous cases and allegations of Lewd and Lascivious Battery. Through his representation Mr. Rickman has been able to present information, evidence, argument and mitigation what has resulted in the state not pursuing the charges against his clients, reducing charges that have been filed against his client or completely dropping a charge of Lewd and Lascivious. Don’t delay, contact Anthony Rickman Today for a free consultation.
Violation of a Sex Offender to Report
Failure to Report as a Sex Offender
A person who is classified as a sexual offender has many restrictions placed on their freedom, where they can live, where they can travel, and places they can go to. The failure of a sex offender to report to local authorities is a crime in Florida that may result in a lengthy prison sentence. If you have been accused, or arrested for failing to report as a sex offender, it is important that you contact an attorney immediately. Anthony Rickman at the Rickman Law firm represents sex offenders who have failed to report to local authorities.
Under Florida Law, a convicted sex offender is required to register with local authorities in the jurisdiction which they live, work and/or go to school. As a convicted sex offender you are required to report twice per year to your local sheriff’s office to advise them of your living location. Additionally, Florida Law requires you to report to your local Sheriff within 48 hours of you temporarily changing residence. A convicted sex offender must also report in person to the Department of Highway Safety and Motor Vehicles and must give a copy of a completed sexual offender registration form, in order to obtain a Florida identification card or driver’s license.
Failure to report as a sex offender is a third degree felony. If convicted of failure to report as a Sex Offender you face up to five years in Florida State Prison and/or five years probation. If you have been accused of failing to report as a sex offender contact us today for a free consultation