Sexual Assault in Sarasota, FL Explained

Sexual assault charges can have a dramatic impact on your life, and you have the right to defend yourself. Get help with your defense by reaching out to an experienced sexual assault lawyer in Sarasota. 

Even being accused of sexual assault can destroy your personal and professional reputation. But worse than that, your freedom could be taken from you if you are found guilty of such a crime. Regardless of your guilt or innocence, you are entitled to defend yourself in court. 

But you may need help doing so. Fortunately, a respected Sarasota sexual assault lawyer could make all the difference in the success of your criminal defense. 

Michael Fayard, Attorney at Law has years of experience as a trial lawyer and former prosecutor. Spending my days in the courtroom, I know what it takes to obtain an acquittal for my clients. If I am able to take on your case, you can breathe easier knowing your case is getting the personal attention it deserves.

What Is Sexual Assault Under Florida Law?

In Florida, sexual assault encompasses any threatened, attempted, or physical sexual act against another person without having the consent of the victim. This also includes any unwanted oral, vaginal, or anal penetration by an individual or a foreign object. 

You may be wondering what the difference is between rape, sexual battery, sexual harassment, marital rape, child sex abuse, and sexual assault. These are all different types of sexual assault and carry additional penalties depending on which crime you have been charged with. Sexual assault is a separate charge that includes any forcible or coerced sexual acts.

What Happens If You’re Convicted of Sexual Assault in Sarasota

The circumstances of your case will determine what type of charges you will be facing. Sexual assault can be a second degree felony, which is punishable by fines of as much as $10,000 and prison time of up to fifteen years. That’s on the low end. 

You could even be charged with capital felony, which could take away your freedom for life, put you at risk for the death penalty, and require you to pay fines up to $15,000. If you are fortunate enough to be paroled, your entire life will be upheaved. You’ll likely have to register as a sex offender, and your criminal record will reflect the charges and conviction against you.

This could impact your ability to find gainful employment, safe and affordable housing, and your ability to be awarded federal student loans if you hoped to go back to school upon your release. Your reputation will likely be destroyed in the process. 

Get Help from a Sarasota Sexual Assault Attorney

If you are facing sexual assault charges and aren’t sure where to turn for help, get in touch with respected Sarasota sexual assault lawyer, Michael Fayard, Attorney at Law. You can schedule a free consultation when you fill out the quick contact form provided below or give the office a call at 941-306-1310. 

Need a Criminal Defense Attorney in Sarasota Florida?

How I Defend Sexual Assault Cases

• Immediate damage control: Contact with law enforcement and prosecutors goes through me. I protect your rights, stop avoidable mistakes, and manage communications.

• Case investigation: We interview witnesses, obtain and review bodycam and 911 audio, digital messages, social media, location data, and forensic reports.

• Consent & credibility analysis: We scrutinize timelines, inconsistencies, intoxication issues, prior communications, and potential motives to fabricate.

• Forensics & experts: Where appropriate, we consult medical, DNA, SANE, and digital forensics experts to test the state’s evidence.

• Pretrial motions: We pursue suppression of unlawfully obtained evidence, exclusion of prejudicial material, and enforce your constitutional protections.

• Negotiation or trial: We push for dismissal or charge reductions when warranted, or take a clean, compelling defense to a jury.

What To Do (and Not Do) After an Accusation

Do:

• Call a lawyer immediately. Early legal advice can change outcomes.

• Preserve evidence. Save texts, DMs, emails, location history, photos, and call logs. Make a secure backup.

• List witnesses. Anyone who saw you before/after the incident, or knows about the relationship dynamics.

Don’t:

• Contact the accuser. No calls, texts, or social media messages.

• Discuss your case publicly. Avoid posts or comments that can be used against you.

• Consent to interviews or searches without your attorney present.

Understanding Consent in Florida (Plain-English Guide)

• Consent must be voluntary and informed. Silence or lack of resistance is not the same as consent.

• Intoxication matters. If a person is incapacitated, intoxicated, or unable to consent, consent is not legally valid.

• Context counts. Prior consensual encounters don’t prove consent on a later date.

• Digital trails help. Messages, timestamps, and location data can clarify timelines and context in consent disputes.

Disclaimer line: This is general information, not legal advice. Your facts determine which statute applies.

Common Defenses We Evaluate

• Actual consent / mistaken perception of consent

• Identity or alibi (misidentification, location data conflicts)

• Insufficient evidence or credibility challenges

• Unlawful search or seizure (suppression issues)

• Forensic flaws (collection, chain-of-custody, lab methods)

• Fabrication or bias (motive to accuse)

The Criminal Process in Sarasota (What to Expect)

• Investigation & arrest (or notice to appear)

• First appearance & bond

• Arraignment (formal charges; we enter a plea and preserve rights)

• Discovery (we obtain the state’s evidence)

• Pretrial motions (to exclude or suppress)

• Negotiations (dismissal, reduction, or alternative resolutions)

• Trial (if necessary)

• Sentencing & post-trial (if applicable)

Small local note: Your case may be heard in the Twelfth Judicial Circuit serving Sarasota County; procedures and schedules vary by courtroom.

Sex Offender Registration: Collateral Impact

If registration applies, it can affect where you live, work eligibility, travel, and community restrictions. We analyze whether registration is required, fight overbroad conditions, and advise on long-term compliance risks.

Why Choose Michael Fayard

• Former prosecutor insight: I know how the state builds these cases—and how to dismantle weak ones.

• Trial-tested: Comfortable in the courtroom; prepared to try the case when that’s the best path.

• Direct access & updates: You get clear communication, strategy talks, and prompt responses.

• Discreet and strategic: We protect your reputation while fighting the charges.

Frequently Asked Questions

Q: Should I talk to police to “clear things up”?
A: Not without a lawyer. Even innocent people can be misunderstood. Let counsel handle communications.

Q: The accusation is false—can we get this dismissed?
A: Many cases resolve short of trial. We push for dismissal or reductions when evidence is weak or rights are violated. Outcomes depend on facts.

Q: Do I have to register as a sex offender if convicted?
A: It depends on the statute and case facts. We assess exposure and challenge unnecessary conditions.

Q: Will this go public?
A: Criminal cases are generally public record, but we work to minimize publicity and collateral damage.

Q: What will this cost?
A: Fees depend on complexity and stage (pre-charge vs. post-filing, motion practice, trial). We’ll map options in your consultation.

Need a Criminal Defense Attorney in Sarasota Florida?