Anyone who is being investigated or has been charged with a sex crime will be treated unfairly by the criminal justice system from the second an accusation is made. The concept of innocent until proven guilty is still respected for the most part by the court system and by potential jurors, but when unfortunately, when it comes to sex crimes this is simply not the case. Defendants charged with a sex offense have a tougher battle to overcome when fighting their case, and those convicted of sex offenses are often sentenced disproportionally to those convicted of other crimes. Sex crime defendants do not get the benefit of the doubt, but Benjamin Herbst is an experienced and skilled South Florida sex crimes lawyer that fights to even the playing field. Benjamin has successfully defended dozens of clients in the most serious of sexual crimes, and has won jury trials and achieved dismissals in numerous rape and sexual assault cases. He never backs down from the state and will not hesitate to put witness through vigorous cross examination to expose their untruthfulness. If you have been charged with any sex offense including sexual battery, rape, child pornography, human trafficking, indecent exposure and prostitution contact Benjamin Herbst immediately for a free consultation. Benjamin fights for clients facing charges in Miami-Dade, Broward, Palm Beach, Martin and St. Lucie Counties but will not hesitate to travel anywhere in Florida to offer representation to those in need of the right defense lawyer. Contact Benjamin at (954) 543-0305 to set up a free consultation or to schedule an office visit at his Fort Lauderdale or West Palm Beach locations.
Sexual battery is the most serious sex crime, and is the crime most closely related to rape. Sexual battery does not require intercourse, and can be charged when any type of penetration is alleged. Sexual battery can range from a second-degree felony all the way to a life felony if there was force alleged to have been used. Sexual battery cases often come down to the testimony of the alleged victim, and Benjamin is no stranger to vigorously cross examining victims. In cases where penetration is not part of the accusation a defendant may still face the charge of lewd and lascivious molestation. This charge can occur when there is contact with a sexual part of the body but no penetration, or in cases where an adult and minor engage in consensual but unlawful sexual activity.
Florida has one of the harshest statutory rape laws in the country, and it is a strict liability crime. This means the adult may still be prosecuted if the victim lied about his or her age and consented to the sexual activity. Any adult who is at least 24 years old may not have any type of sexual relationship with a minor. Doing so could result in second-degree felony charges and if convicted the possibility of being forced to register as a sex offender. Benjamin Herbst is an experienced Florida statutory rape lawyer, and understands the issues that make these cases especially difficult for the defendant and his or her family to deal with. He fights tooth and nail to restore the lives and clear the names of his statutory rape clients, and will not hesitate to take a case before a jury.
While not specifically considered a sex crime, anyone charged with prostitution faces a stigma as if they were charged with one. Prostitution is legal in some parts of the country and yet it is prosecuted vigorously in South Florida. Law enforcement agencies dedicate extensive resources to their vice squads, and routinely place undercover officers out in the field that could better be used elsewhere. Law enforcement routinely justifies the use of these resources by stating their overall mission to stop human trafficking, but most of these prostitution stings have nothing to do with human trafficking. Benjamin is an experienced South Florida prostitution lawyer who will do whatever it takes to assure your case is resolved in a timely matter with the best possible result. He will make sure your privacy is protected at all costs. Contact Benjamin for a free consultation about your Florida prostitution case at (954) 543-0305.