Child Molestation

Child Molestation Attorney Miami, FL

Defense Against Child Molestation Charges in Florida

Child molestation charges, like most sex crime charges, are very serious, and the repercussions can leave one with a blemished reputation for many years after. Even if the accused person is ultimately relieved of their charges after trial deliberations and what not, the stigma that surrounds the case will always surround the individual for the rest of their life.

If you are facing charges for child molestation, contact our Miami child molestation defense attorneys today to discuss your case! Call us at (305) 330-1360.

Florida Child Molestation Laws

Florida law states in §800.04 that a person who intentionally touches the genitals, buttocks, breasts, or clothing that covers those areas of a child younger than 16 years old, he/she could be charged with lewd or lascivious molestation. Lewd and lascivious are defined as being sexual, lustful, or wicked in nature.

Child molestation is considered a felony offense, which carries a prison term, expensive fines, and registration as a sex offender in Florida. The severity of the penalties depends on the age of the defendant and the child.

Florida Child Molestation Penalties

Here are the penalties for child molestation in Florida, according to age:

  • If the defendant is at least 18 years old and the child is under 12 – The defendant can be charged with a life felony, which carries a life imprisonment sentence (with a minimum term of 25 years), a maximum $10,000 fine, and sex offender probation for life.
  • If the defendant is at least 18 years old and the child is between 12 and under 16 years of age – The defendant can be charged with a second-degree felony, punishable by a prison term of up to 15 years, a maximum $10,000 fine, and sex offender probation for 15 years.
  • If the defendant is under 18 years of age and the child is younger than 12 – The defendant can be charged with a second-degree felony.
  • If the defendant is under 18 years of age and the child is between 12 and under 16 – The defendant can be charged with a third-degree felony, which carries a prison term of up to five years, a maximum $5,000 fine, and sex offender probation for up to five years.

Legal Defenses Available for Child Molestation in FL

Pretrial defenses include illegal search and seizure, the statute of limitations, and warrantless arrests, which can be raised through a motion to suppress or dismiss. Trail defenses include alibi, duress, or even entrapment.

Additionally, there are two main defenses to child molestation charges: lack of lewd intent and false allegations.

Lack of Lewd Intent

To prove the defendant committed lewd or lascivious molestation, the prosecution must show lewd or lascivious intent when the defendant engaged contact with a minor. If there is no sexual or lustful intent when the defendant touched the child, he/she cannot be charged with child molestation.

False Allegations

False allegations can occur for many reasons. The most common reasons include being forced by angry or mentally ill parents, the child has a mental illness, or even jealousy.

Defense from Miami Child Molestation Defense Attorneys

As you can see, these penalties are quite severe; for those who were wrongly accused and must defend themselves, it is all the more imperative to retain legal counsel who can wholeheartedly fight to protect you. Remember that in these situations, the stakes are high, so do not leave your case in the hands of a mediocre or weak team---trust only Hager & Schwartz, P.A.!

Call our Miami child molestation defense lawyers at (305) 330-1360 now for the tough legal defense you need!

A Defense Firm With a Winning Record

read a Few of Our Case Results
  • Case Dismissed
  • Case Dismissed
  • Case Dismissed
  • No Jail/Prison Time
  • Case Dismissed

Our Client Success Stories

  • Brett Schwartz is one of the best attorneys

    “Brett Schwartz is one of the best attorneys available in Florida. I was charged with a DUI with Serious Bodily Injury and Leaving the Scene. I was facing a possible 10 year sentence with a Judge that rejected our plea on several occasions and seemed to have a soft spot for cases like this. And then when everything seemed hopeless and I spent my ...”

    - Katie

  • I thoroughly recommend Brett Schwartz as a defense attorney.

    “I ​thoroughly recommend ​Brett Schwartz ​as a defense attorney​. He worked tirelessly and relentlessly to get my case dropped even before it went to trial. He succeeded, although the odds were heavily stacked against us. Thanks to ​our overcrowded​ justice system, the entire ordeal took two months, ​and ​was the most stressful experience of my ...”

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