Proven Criminal and DUI Defense
I don’t care what you’re accused of doing. You are a human being and you deserve to have someone in your corner who will fight for you. I will not judge you; I’ll defend you. - Tim Flaherty

If you’ve been charged with a crime, call (850) 243-6097 to get a FREE consultation.

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Crestview Sexual Battery Resolved With No Conviction

Because we defend a lot of sex crime allegations, we understand that for anyone facing such a charge, they are in a crisis. It is vital to have someone at your side who has been there before. Someone who knows what moves to make, and how to develop and execute a strategy that gets results.

GA hired us after being arrested for 9 different sex crime allegations in Crestview including multiple counts of Sexual Battery. He was facing a life sentence in prison.

We immediately got to work reviewing the evidence, contacting witnesses favorable to our case, and taking depositions of all the State witnesses. At one of these depositions, I caught the alleged victim in a big lie under oath and the Prosecutor knew it. After the deposition, the Prosecutor and I discussed a possible plea deal. I knew that with GA being a government contractor, he couldn’t accept any deal that involved sexual offender registration or a felony conviction. And obviously, he wasn’t willing to accept any time in jail or prison.

We ended up negotiating a plea that led to the dismissal of all the sexually related charges. He was able to stay out of jail, off the sexual offender registry, and he did not receive a felony conviction.

GA made a very wise decision when he decided to hire Flaherty Defense Firm to defend him. If you are in a similar situation and are facing a sex crime prosecution, call me right away at (850) 243-6097.

If you have been charged with or accused of Sexual Battery in Crestview or anywhere in Okaloosa County, call us today at (850) 398-8098 for a free, confidential consultation. We are available 24 hours a day, 7 days a week.

Okaloosa County Sex Offense Dismissed

I’ve been practicing as a criminal defense lawyer in Okaloosa County since 2001. You would think that after that long, I’d have seen it all. Let’s just say that this case presented some unique challenges.

JH hired me after being arrested for sexually exposing himself on the side of the road. At the time we were hired, it was uncertain whether the case would be filed as a felony Lewd or Lascivious Conduct, or as a misdemeanor Indecent Exposure. If it went felony, he was looking at up to 5 years in prison and mandatory registration as a sex offender. As a misdemeanor, he was facing up to a year in jail and a conviction on his record.

I knew that my first priority had to be making sure that the case was filed and resolved as a misdemeanor.

Being arrested for any offense is embarrassing enough. When the arrest is for exposing yourself in broad daylight in public, it’s mortifying. Needless to say, JH was extremely embarrassed and scared. He had recently had a nasty breakup and as a result believed the “anonymous caller” who turned him in was his ex-girlfriend. He claimed that he was parked on the side of the road in Destin using his cell phone. When confronted by law enforcement, he adamantly denied exposing himself to the caller.  However, he did admit to being in the area that the caller reported from.  And, there was certain “physical evidence” that was identified at the scene.

JH was looking to us to save his career and his reputation. He was a military veteran and was employed with a military contracting firm in Okaloosa County.  A conviction of this magnitude would have resulted in a total career loss.

I was able to work with the prosecutor in this case to get JH the help he needed and keep the case in misdemeanor court where it belonged. I also secured a pretrial diversion agreement for him that led to all charges being dismissed once he completed all of his requirements.

If you have been charged with a Sex Crime in Okaloosa County, I won’t judge you. Call Flaherty Defense Firm at (850) 243-6097 and let me put my experience to work for you.

Lewd or Lascivious Sex Crime Resolved Without Prison Sentence In Okaloosa County

When I started Flaherty Defense Firm in 2004, I knew that I wanted to exclusively practice criminal defense law. What I didn’t really plan on was that eventually I would end up defending more sex crime charges than just about any other firm in Okaloosa County.

Any time a client is charged with a sex crime in Okaloosa County, a prison sentence is a very real possibility. Over the years, I have successfully resolved many of these cases. Some were won at trial, some were dismissed, and others were reduced to lesser charges. Getting a sexual charge reduced is important because usually that means my client is able to stay out of prison and is able to avoid having to register as a sexual offender.

DC was charged with Lewd or Lascivious Exhibition (L & L) in the presence of a minor under the age of 16. This charge is a second degree felony punishable by up to 15 years in prison. DC was accused of exposing his genitals in a lascivious manner in the presence of a minor child.

Upon hearing such an allegation, the disgust that most people feel is understandable. Anything involving sexual allegations against a child is something that any rational person would be repulsed by.

My job as a criminal defense attorney is to look for solutions to often impossible situations. I knew that DC would not likely “win” his case. He was captured on a security video committing the crime, and after being confronted by the police, he made a full confession.

When he came to meet with me, I was very realistic with him. I told him that it was more likely than not that he would go to prison for what he had done. But I also told him that there were things he could do to help himself. I instructed him to immediately enroll himself in sex offender counseling and to also return to the mental health therapy that he had been in before.

After several weeks in therapy, I was able to get DC’s therapist to write a letter indicating that DC was considered a low level risk to reoffend and that he had been actively participating in his therapy.

I had a series of meetings with the prosecutor. The first meeting did not go well. Her first inclination was to recommend a lengthy prison sentence followed by probation. Over the course of several more meetings, and after providing her with the therapist’s recommendation, the prosecutor eventually agreed to reduce DC’s Lewd or Lascivious charge to a non-sexual charge. She offered to allow him to plea to a probation sentence with no felony conviction on his record.

DC made a very wise decision when he decided to trust me with his defense. I’ve been doing this for a long time, and I’ve developed a reputation in sex cases as an attorney who gets results.

If you have been charged with Lewd or Lascivious Exhibition or any sexual offense in Okaloosa County, call Flaherty Defense Firm at (850) 243-6097 and I will put my experience to work for you.

What is the Age of Consent for Sex in Fort Walton Beach?

I have a lot of experience defending sexual offenses in Fort Walton Beach. One of the questions I get the most often is about the age of consent.

The age of consent is the age that someone must be before they can legally consent to sex. In other words, if someone is below the age of consent, it doesn’t matter if they willingly engage in sexual behavior. The law is in place to protect young people from being taken advantage of before they are old enough to make the decision for themselves.

If you plan on having sex with someone, you better be sure they are over the age of consent because if they aren’t, you are in a lot of trouble. The police in Fort Walton Beach will coordinate with the Children’s Advocacy Center and their #1 goal will be to send you to prison.

One reason the age of consent issue in Florida is so confusing is because there are really 2 different ages of consent, depending on the charge and also on the age of the suspect.

Lewd or Lascivious Crimes In Fort Walton Beach

Lewd or Lascivious (L & L) crimes include the following:

  • Lewd or Lascivious Molestation
  • Lewd or Lascivious Battery
  • Lewd or Lascivious Conduct
  • Lewd or Lascivious Exhibition

All of these charges involve sexual contact or activity with, or in the presence of, a person who is less than 16 years old.

In Lewd or Lascivious cases, the age of consent appears to be 16 then right? This is where the law gets confusing. The L & L statutes all seem to suggest that the age of consent if 16 years old. And it is, for L & L crimes.

Does that mean you can engage in sexual activity with a 16 year old? Not if you are 24 years old or older.

Unlawful Sexual Activity With Certain Minors

This charge can be found in Florida Statute 794.05. It states that you are guilty of Unlawful Sexual Activity With Certain Minors if you have sex with a 16 or 17 year old if you are 24 or older.

Does this all seem confusing?

The two charges make it clear there are two ages of consent. If you are less than 24 years old, you may lawfully have consensual sex with a 16 or 17 year old. If you are 24 or older, you may not legally have sex, whether consensual or not, with anyone under 18 years old.

Are you facing a sex crime accusation in Fort Walton Beach?

As I said earlier, the police and the sex crime prosecutors are already building their case against you. If they have you in their sights, they will be relentless in going after you. You need an effective criminal defense attorney on your side.

If you are being accused in Fort Walton Beach of a Lewd or Lascivious crime, or Unlawful Sexual Activity With Certain Minors, or any other sexually related offense, it is time to fight back. Call Flaherty Defense Firm at (850) 243-6097 for a free, confidential consultation.

Sex Crime In Fort Walton Beach Reduced With No Felony Conviction

After their son was arrested for L & L Battery in Fort Walton Beach, JL’s parents called me. They knew that getting an effective criminal defense attorney involved early on was an extremely important first step in protecting their son.

When I was retained, JL was still in jail. After meeting with him at the jail, I scheduled a bond hearing. At the bond hearing, I was able to get him released from jail.

With this case, I had my work cut out for me. My client was facing up to 15 years in prison for L & L Battery (statutory rape) along with lifetime registration as a sexual offender. Defending a sexual assault case requires skill and experience to do it right. One wrong move or mistake and the client could go to prison.

I developed a defense strategy based on the relationship between my client and the alleged victim. After outlining some, but not all, of this strategy with the Prosecutor, she indicated that she was willing to try and negotiate a plea bargain.

I told the Prosecutor that the following conditions were non-negotiable:

  1. No jail or prison time
  2. No sexual offender registration
  3. No felony conviction on his record

Of course, the Prosecutor didn’t want to agree to any of those conditions. Her first offer was a prison sentence with registration and a felony conviction. But after continued negotiations, JL was able to resolve his case with no incarceration, no sex offender designation, and no felony on his record.

I honestly don’t know the full reason why the Prosecutor gave me everything I wanted. I’d like to think it had something to do with the fact that I have a lot of experience defending sexual assault cases, and a long track record of success, including against this Prosecutor.

At Flaherty Defense Firm, I have built a reputation as a lawyer that fights for my clients. And JL is a free man today because of that reputation that I’ve worked so hard to build.

If you or a loved one has been charged with L & L Battery, or any sexual assault allegation in Fort Walton Beach, call Flaherty Defense Firm 24/7 at (850) 243-6097 and let’s talk about how I can help you.

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10.0Tim Michael Flaherty

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