Tampa Criminal Lawyer

Our firm handles all kinds of cases, ranging from traffic offenses to major felony crimes committed in State or Federal Court. Common cases we defend are:

Federal Sex Crimes

Federal sex crimes can be anything from possession, distribution, or production of child pornography to an allegation that one proactively attempted to purchase a minor for a sex act. Like sex crimes prosecuted in State court, Sexual Abuse is a common allegation in Federal court, depending on the specific circumstances surrounding the allegation. Relevant to an analysis of these charges is the level of force alleged to have been used, the age of the alleged victim, or various other factors that may aggravate the allegation. Sexual exploitation of children is another crime often alleged in Federal court due to a more prosecutor friendly penalty scheme.

Sex crimes are commonly prosecuted in our Federal courts due to the Federal penalty structure and the much harsher penalties available under federal law. Many Federal sex crimes carry with them the requirement of a minimum mandatory prison term and all sex crimes are subject to the extremely harsh sex offense sentence calculations found within section 2G of the United States Sentencing Guidelines. Unlike other criminal allegations, always weighing heavily on the mind of a criminal lawyer in Tampa is the exposure of their client to sex offender status. If one is convicted of a sex crime allegation, be it at the Federal or State level, there will be the requirement that that individual register as a sex offender or predator.

State Sex Crimes

Like their Federal counterparts, State sex crimes often carry with them the requirement of a minimum mandatory prison term. For example, a person accused of lewd and lascivious battery upon a child under 16 years of age when the defendant is over 18 years old, would be subject to a life sentence or a split sentence, involving a 25-year minimum mandatory prison term. Similarly, if one is convicted of a Capital Sexual Battery, there is a statutory mandate of life imprisonment.

While a State sex crime allegation is not subject to Federal sentencing guidelines, under the Florida sentencing scoresheet, a penalty can be enhanced if there is penetration, contact, injury, or if the offense involves an adult committing the crime upon a minor. Again, like a Federal sex crime allegation, any Tampa criminal attorney must be cognizant that a sex crime conviction in State court will require sex offender registration.

Federal Fraud

Fraud or theft cases, otherwise known as “white collar crime” is routinely prosecuted in the Federal system. Generally, if the allegation claims the fraud or theft resulted in the loss of hundreds of thousands or millions of dollars, the United States Attorney’s Office will pursue the case. Sentencing guideline 2B1.1 almost always dictates a potential sentencing range for fraud case and can harshly punish an individual based upon the amount money stolen, the number and kind of victim, what methods were used to facilitate the theft, and if the scheme was sophisticated. If the theft involved an identity theft, the United States will often use the consecutive minimum mandatory might of an added aggravated identity theft to harshen the penalty against someone. For instance, if one’s recommended guideline sentence for a wire fraud is thirty six months but they have also pled or been convicted of an aggravated identity theft, their sentence for an aggravated identity theft would not begin until service of the wire fraud sentence is complete.

Federal Drug Crimes

Federal drug crimes typically allege that an individual either substantively possessed or conspired to possess an amount of drugs well in excess of a personal use amount. While Federal drug cases are not specifically called “trafficking” cases, the undertone of a drug indictment is that the person accused is in some capacity involved with a drug distribution organization. The amount alleged to be the focal point of the charge is almost always substantial enough to invoke a five or ten year minimum mandatory prison term if convicted and depending on prior criminal history, an accused might be subjected to an increased minimum mandatory prison term or other harsh penalties often accompanying a Federal drug allegation. Like the Federal Fraud sentencing guideline, sentencing guideline 2D1.1 primarily relies on the amount of drug at issue for determination of potential sentence.

Regardless of your criminal charge, Jason Mayberry is an experienced criminal attorney in the Tampa area who has the dedication and concern for you and your case necessary to strive for the best possible outcome. If you are facing a criminal charge, please contact our office at (813) 444-7435.