Miami Child Molestation Lawyers
Child Molestation Laws, Defenses, Penalties, and Defense Attorneys in Miami, Florida
Child molestation criminal charges are one of the most severely punished criminal offenses in the state of Florida. The penalties if convicted may include lengthy prison sentencing, lifetime registration in both Florida and National Sex Offender Registries. If you are a member of your family who has been charged with child molestation in Miami, Florida, if you or your loved ones are convicted, the consequences are severe and permanent. Even if he defended is found "not guilty," The accusations are likely to follow the accused for the rest of their life. However, anyone charged with child molestation must rigorously defend themselves to protect their freedom, right to privacy, reputation, and way of life. Florida State's Attorneys are relentless in their pursuit of maximum penalties. That is why it's important to retain a private Miami child molestation defense attorney as quickly and as early in the criminal trial process.
At Musca Law, a defendant accused of child molestation in Miami, Florida, will benefit from over 150 years of collective criminal defense experience. Our attorneys guide each client through the difficult legal matter that they are facing, and our firm works hard to obtain the very best results on behalf of our clients. For your free consultation, call 305-203-0333 or stop by a local law office located at 7950 NW 53rd St., Suite 337, Miami, FL 33166. We are available 24/7.
What Constitutes "Child Molestation" in Miami, Florida?
Under Florida criminal statutes, a person who purposefully and willfully touches the genital area, breast, buttocks, or the clothing that covers up these intimate areas of a minor child, who is under the age of 16 years of age or forces or entices a child under the age of 16 to touch the alleged perpetrator in those private areas, has committed an act of child molestation. In the state of Florida, child molestation is called "lewd or lascivious molestation. "
Under Florida statute section 800.04(5), The legal definition of child molest station is an act between an adult perpetrator and a victim who is under the age of 16 that involves sexual or indecent activities.
Florida categorizes the effects involving "alleged "acts of child molestation into four separate and distinct criminal offenses, including:
- Lewd or lascivious battery
- Lewd or lascivious conduct
- Lewd or lascivious exhibition
- Lewd or lascivious molestation
Child Molestation Penalties in Miami, Florida
One important fact to understand about child molest station or sex crimes involving children who are under the age of 16 is that these are "strict liability crimes." In strict liability criminal cases in Miami, Florida, The defense may not argue as a defense that they did not know the child's actual age or that the child gave consent to engage and his sexual act with the defendant.
According to Florida criminal code, an individual who intentionally touches a child under the age of 16 in a lascivious or lustful way in intimate areas such as the buttocks, breast, genital area, genitals, or on top of intimate areas covered by clothing, or attempts to entice or force a child under the age of 16 to touch the defendant, commits an act of "lewd or lascivious molestation. "
In the state of Florida, a criminal charge of lewd molestation of a minor child may be charged as a third-degree felony, second-degree Felony, or a "life felony. "The severity of the criminal charges depends upon the age of the perpetrator and the age of the victim.
Life Felony: if an adult engages in lewd molestation of a child under the age of 12, they could be charged with a "life felony. "
Second-Degree Felony: if the perpetrator is under age 18 and he or she engages in lewd molestation of a child under the ages of 12, the perpetrator will be charged with a second-degree felony. An adult over the age of 18 who is accused of molesting a child between the ages of 12 and 16 will also be charged with a second-degree felony.
Third-Degree Felony: An individual will be charged with a third-degree felony if he or she is under the age of 18 and is charged with lewd molestation of a child between the ages of 12 and 16.
The state of Florida has minimum mandatory sentencing for any crime that is a second-degree felony or a life felony. For example, suppose the defendant is convicted of committing a second-degree lewd and lascivious battery on a child. In that case, the judge must sentence the defendant to a minimum prison sentence of 34 1/2 months and may also punish the defendant With any combination of the following punishments:
- A prison sentence of up to 15 years
- A Sex Offender probation period of up to 15 years
- Up to $10,000 in fines
Punishments for a Child Molestation Conviction in Miami, Florida
In the state of Florida, any sexual abuse offense is a felony offense. The degree of severity of the offense follows specific guidelines set forth by the Florida Criminal Statutes. The severity of the criminal charge depends heavily on the criminal history of the defendant, the age of the defendant, and the age of the "alleged" victim.
- If the child's age is 12 years or older but under 16 years of age, and the offender under 18 years of age, the crime is a third-degree felony. The defendant faces a minimum of three years in prison and up to 15 years in prison.
- If the child is under 12 years old, and the defendant is under age 18, the crime is charged as a second-degree felony and is punishable by a minimum of four ¼ years in prison and a maximum prison sentence of 15 years.
- If the child is 12 years of age or older but less than 16 years old and the defendant's age is 18 years or older, the crime is a second-degree felony punishable with a minimum prison sentence of 4 ¼ years and a maximum of 15 years in prison.
- If the child is under 12 years of age, and the defendant's age is 18 years or older, the crime is a "life felony," punished with a minimum prison sentence of 25 years in prison plus probation or community control for the remainder of the person's natural life. The maximum prison sentence is life in prison.
Child Molestation Defenses in Miami, Florida Criminal Cases
The experienced Miami Child Molestation Defense Attorneys at Musca Law has over 150 years of combined legal defense experience. Our defense attorneys work hard to damage the state's case against our clients to have evidence suppressed or dismissed to obtain leverage in plea negotiations, have charges dismissed, or win an acquittal at trial. When our firm investigates our clients' case we look for:
- Miranda rights violations,
- Forensic investigation errors,
- Incidental sexual contact,
- Violations of constitutional rights,
- and much much.
It's also important to remember that a defendant is considered to be innocent until proven guilty by the prosecutors in the case. As experienced criminal defense attorneys, our goal is to weaken the prosecutor's case against our client. One potential defense is attacking the allegations of the accused. For example:
- The defendant was falsely accused of obtaining money from the defendant.
- A law-enforcement officer asked leading questions during an investigation resulting in a forced accusation.
- An ex-spouse made a false accusation to win or gain leverage in a custody or divorce proceeding.
- The accused misrepresented an innocent touch.
Potential Defense Used in a Miami Child Molestation Criminal Trial
In Florida, the defense may not use any defenses such as a) lack of chastity on the part of the accuser, b) consent was granted by the accuser or c) the defendant was unaware of the victim's age as potential legal defenses in any child molest station case. When defending against child molestation charges in Miami, Florida, the most effective way to defend a client is to attack the accuser's allegations. In many cases, the defenses that may create a reasonable doubt might include potential mental illness of the accuser, the manipulation of a child bite and rage parent, jealousy, or greed. This is why it is essential that our Miami child molestation defense attorneys work early in the case to investigate potential motivations that could be used to assert that the accuser's allegations of child molestation are false.
According to Florida statute section 800.04(2), The following defenses are prohibited in a lewd or lascivious molestation case:
- The victim consented to the sexual acts
- The victim lied about their age
- The victim has a past sexual history
Additional Penalties for a Miami Child Molestation Conviction
Child molestation laws in Florida are designed to shield children under the age of 16 from being sexually exploited by adults or teens for their own sexual desires, needs, or gratification. After the individual has served their prison sentence, he or she will face additional permanent consequences such as:
- Your name will be permanently added to the National Sex Offender Registry.
- You will never be permitted to work unsupervised with children.
- You will no longer have the right to live and travel wherever you want. Your movements will forever be restricted.
- Most employers will not hire a convicted child molester or anyone who is convicted of a sex crime against children. If they do, you cannot under any circumstance work with or around children.
- You may be required to stay within a certain amount of feet away from children, and this could even include your own children.
Individuals who have been charged with child molestation in Miami, Florida, must immediately speak to a criminal defense attorney to begin the process of unraveling the prosecutor's case. The longer a defendant waits to engage a criminal defense attorney, the opportunity to build a strong and effective defense strategy begins to slip away.
Florida's Sexual Predators Act – Statute Section 775.21
Under Florida statute 775.21, Florida sexual predators act defines the types of criminal offenses against children that are deemed sexual predator crimes and outlines the penalties of these offenses. It is the opinion of Florida legislatures, law enforcement, prosecutors, and the criminal justice system believes that sexual predators are usually repeat offenders. Florida law treats former sex crime defendants as if they pose a continuous and direct threat to families with children.
When an individual is labeled a sex predator, that individual will Suffer lifelong consequences such as gaining employment, finding housing, maintaining privacy, loss of reputation, and many other negative consequences for the rest of their life. If you or a loved one are charged with any type of sex crime, it's important that you contact MuscaLaw as quickly as possible to protect your legal rights, discuss your legal options, and determine the best next step in your criminal case.
Sex Predator Criminal Offenses in Miami, Florida
Most people believe that individuals who are classified as "sexual predators" frequently engage in preying on young children. However, this is generally not the case. In most situation's this is the only crime that the individual has been charged. In Florida, the nature of the criminal offense is what will determine whether or not an individual will be classified as a sexual predator. In order for the defendant to be classified as a sexual predator in the state of Florida, he or she must have committed a violent sexual crime, or be a repeat offender, or commit a sexual crime.
Florida prosecutors are aggressive and seek maximum punishments, including lifetime sexual predator registration, maximum prison sentences, and thousands of dollars in fines. Following release from prison, "sexual predators" are required to register as a sexual predator within 48 hours in most occasions. Also, the offender is required to register with the National Sexual Predator and Florida Sexual Predator website registries.
The sex offender registration also requires that the convicted sexual predator report to their closest sheriff station. The sexual predator registrant is also required to reregister on the sexual predator registry websites on their birthday each year and every three months for the rest of their life. The Registrant must report any changes of physical appearance or address changes immediately.
Free Case Evaluation with Our Best Miami Child Molestation Attorney
When you speak with one of our Miami Child Molestation Lawyers, our attorneys will listen to you to understand your situation and provide guidance and advice about the possibilities of reducing urgent dismissing your criminal charges. MuscaLaw, we care, and our attorneys want to help you beat your criminal charges. Our law firm possesses over 150 years of collective legal experience in all serious sex crimes. Our child molestation attorneys in Miami, Florida, are ready to work hard to achieve the best possible outcome in your case.
To receive your free case review, call us 24/7 at 305-203-0333 or stop by a local law office located at 7950 NW 53rd St., Suite 337, Miami, FL 33166.
Free Case Review with Our Best Miami Voyeurism Defense Attorneys
If you, a friend, or a family member have been arrested and charged with voyeurism or video voyeurism in Miami, Florida, contact Musca Law right away to start defending your charges. Each stage of a criminal trial is important and will help to reduce or dismiss a criminal charge. The longer an individual waits to retain a private criminal defense attorney, the more difficult it will be to negotiate down the criminal charges or two fight for a dismissal. To receive your free case review, call us 24/7 at 305-203-0333 or stop by a local law office located at 7950 NW 53rd St., Suite 337, Miami, FL 33166.
7950 NW 53rd St, Suite 337
Miami, FL 33166
Hours: Open 24 hours
Phone: (305) 203-0333
RMCF+GG Miami, Florida