The age of consent for sexual activity in the State of Florida

The age of consent for sexual activity in the State of Florida

 In the State of Florida, the age of consent for sexual activity is 18 years of age. If you are 24 years old or older and have sexual relations with a person who is 16 to 17 years old, you can be charged with a second degree felony under Florida Statute 794.05. In Florida, a second degree felony carries a maximum prison sentence of 15 years. Sexual activity is defined by the statute as:

“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; however, sexual activity does not include an act done for a bona fide medical purpose.”

Consent in Florida

Consent in Florida

As a former prosecutor, I can attest that the State of Florida takes allegations under this statute very seriously. Oftentimes these charges are reported many years after they are alleged to have occurred. It is important to remember that the victim’s prior sexual activity is not relevant in the prosecution under this statute. If you are questioned by law enforcement about a violation of Florida Statute 794.05, I would strongly recommend that you contact a criminal defense attorney about your rights immediately. If you have questions about your case, please feel free to contact me at my office in Orlando, Florida by phone at 407-415-9626 or via email at Jeremiah@JeremiahDAllen.com.

 

I was caught with marijuana—what do I do?

Although marijuana is now legal in many states and some Florida cities have decriminalized possession of small amounts (< 20 grams), police officers and prosecutors continue to arrest and indict people for marijuana possession. The State of Florida continues to spend resources on these cases even though Florida now allows some farmers to grow a certain low type of marijuana for medicinal purposes. In many cases, if you are found with a small amount of marijuana you may not be arrested but instead given what is called a “Notice to Appear,” which is essentially a legal document requiring you to appear in court to face a criminal charge. It’s important to know that even if you are not arrested for marijuana possession in such a situation, you are indeed still facing a criminal charge.

Marijuana in Florida

What should I do?

I was caught with marijuana—what do I do?

  1. Get legal advice from an experienced criminal defense attorney. Criminal defense attorneys usually charge a flat fee; for reference, I usually charge between $1-2K for a Misdemeanor Possession of Marijuana charge.
  2. I don’t recommend pleading guilty at your first court date. Remember, Possession of Marijuana is a crime and could be on your record for years to come, which could severely impact your future. Take your time and get legal advice before you make a life-altering decision.
  3. Talk to several attorneys and ask them how much experience they have defending marijuana cases. Ask your potential attorney how many cases he or she has taken to a jury trial in the last year, and how long he or she has been practicing criminal law.
  4. Even if the prosecution has a strong case against you, you may still be able to keep a clean record. If you have no priors, the prosecutor may let you go into a diversion program (often called PTI) that allows the case to be dismissed after you do community service, take a drug class, and pay a fine.

Please call me at my office in Orlando, Florida at (407)-415-9626, if  you have questions about your Florida Marijuana case.