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West Palm Beach Lewd or Lascivious Molestation Attorneys

Lewd or Lascivious Molestation Attorneys in West Palm Beach

Under F.S. 800.04(5), Florida law makes it a crime to have consensual sexual interaction with a child younger than 16. The crime occurs when a person intentionally touches the breast, genitals or buttocks of a child under the age of 16 in a manner that is lewd or lascivious; or when an offender encourages, entices or forces a child younger than 16 to touch another person in a lewd or lascivious manner.

Like all sex crimes, lewd molestation carries significant social stigma and severe legal consequences. It is critical to contact an experienced West Palm Beach criminal defense attorney as early as possible in such cases. These types of charges can be accompanied by other serious allegations, such as child pornography, further complicating the defense. Additionally, a violation of probation can make it even more challenging to defend against molestation charges. Sexual assault cases, like molestation, also come with significant penalties, underscoring the need for strong legal representation.

Lewd and lascivious molestation is a strict liability crime under Florida law. This eliminates several otherwise common defenses, including that the age of a child was unknown, therefore the crime was unintentional, and/or that the child consented to the sexual act.

Child Molestation Penalties

Lewd and Lascivious molestation or child molestation can be charged several ways under Florida law:

  • Child under the age of 12: When an adult offender is convicted of molesting a child under the age of 12, it is considered a life felony, punishable by a minimum of 25 years in prison, followed by lifetime sex offender probation and a $10,000 fine. Under Criminal Punishment Code in the state of Florida, this is a Level 9 offense, requiring a judge to sentence an offender to a minimum of 25 years in prison.
  • Child over age 12, younger than 16: Second-degree felony punishable by up to 15 years in prison, 15 years of sex offender probation and a $10,000 fine. A Level 7 offense, requiring a judge to sentence an offender with no prior criminal history or grounds for a downward departure to a minimum of 51 months in prison, followed by at least two years of sex offender probation.
  • Minor offender on a victim younger than 12: Second-degree felony punishable by up to 15 years in prison, 15 years sex offender probation and a $10,000 fine. A Level 7 offense, requiring a judge to sentence an offender with no prior criminal history or grounds for a downward departure to a minimum of 51 months in prison, followed by at least two years of sex offender probation.
  • Minor offender, victim older than 12 but younger than 16: Third-degree felony punishable by up to 5 years in prison, 5 years of sex offender probation and a $5,000 fine, requiring a judge to sentence an offender with no prior criminal history or grounds for a downward departure to a minimum of 36 months in prison, followed by at least two years of sex offender probation.

These offenses are ineligible for gain time, meaning an offender must serve an entire sentence before being eligible for release.

Defense of Child Molestation Charges

These charges require an experienced West Palm Beach defense lawyer to quickly build an aggressive defense of a client in both the court of public opinion and a court of law.

Possible defenses include:

  • False allegations: These allegations are common in child custody cases, juvenile offender cases, substance abuse cases and other types of criminal or civil cases where false allegations may be made to seek a legal advantage.
  • Romeo and Juliet Exemption: This exemption is available to some offenders where consensual sexual contact involved a minor ages 14-17, where the minor was no more than 4 years younger than the defendant. Such defendants may be successful in eliminating sex-offender designations and registry requirements.
  • Mitigating circumstances: In some cases charges may be mitigated when a child is the aggressor or prevoker of an incident, where the defendant requires treatment for a mental disorder, or where a defendant is sentenced as a youthful offender.
  • Lack of intent: Lack of lewd intent may be a defense. Lewd and lascivious conduct must be definable as wicked, lustful, unchaste, licentious or sensual in intent on the part of the person doing an act.
  • Downward departure: Because of the mandatory minimum sentences in many of these cases, successfully arguing for a downward departure can significantly benefit a defendant. This may include a plea bargain, successfully arguing a defendant was a minor accomplice, deficient capacity to understand the criminal nature of the conduct, need for payment or restitution outweighs the need for prison time, defendant acted under extreme duress. cooperation of defendant, remorse of defendant, or designation as a non-violent offender.

Call Us for the Defense You Can Trust

There are many other scenarios that may provide a defendant with the opportunity for a significant downward departure. However, more than many other types of crimes, law enforcement and prosecutors do not want to be seen as easy on offenders accused of crimes against children. Failure to exercise your right to remain silent and seek immediate consultation with an experienced West Palm Beach criminal defense lawyer may eliminate many options for your defense.

In many cases, defendants unwittingly attempt to cooperate and give law enforcement information or cooperation for free that could otherwise be used to minimize the charges and potential penalties against them.

The experienced Palm Beach defense lawyers at Salnick Law, P.A. represent clients facing criminal charges in Palm Beach County and throughout the area, including West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Jupiter, Lake Worth, Riviera Beach, Greenacres, Lantana and Palm Springs.

Call 561-471-1000 today for a free and confidential consultation to discuss your rights.

Frequently Asked Questions

A lewd or lascivious molestation defense attorney in West Palm Beach can help by providing expert legal representation and advice tailored to the specifics of such serious allegations. We can work on disproving the elements required for conviction, such as intent, and challenge the credibility of witnesses and evidence presented against you. Strategies may include demonstrating inconsistencies in the accuser’s testimony, proving a lack of intent, or negotiating plea deals where applicable. The attorney can also handle sensitive aspects of the case discreetly to protect your reputation and personal life.
The penalties for child molestation in West Palm Beach can be severe and include lengthy prison sentences, significant fines, and mandatory registration as a sex offender. These penalties vary based on the specifics of the case, such as the age of the child and the nature of the offense. In some cases, life sentences may be imposed. For instance, molestation of a child under 12 by an adult is a life felony, carrying a minimum of 25 years in prison.
Contacting a child molestation defense attorney immediately in West Palm Beach is crucial due to the seriousness of the charges and the potential for severe penalties. Early intervention allows the attorney to begin gathering evidence, interviewing witnesses, and building a robust defense strategy before the prosecution solidifies its case. An experienced attorney can also manage critical pre-trial processes, such as bond hearings and motions to suppress evidence, which can significantly impact the case's outcome. Early legal representation can also help protect the accused's rights throughout the criminal justice process.
A defense attorney for lewd or lascivious molestation charges in West Palm Beach can help by building a strong legal defense which may involve challenging the credibility of the accuser's testimony, demonstrating a lack of intent, or arguing for mitigating circumstances that could lessen the severity of the charges. Possible defenses include proving the accusations are false, applying for Romeo and Juliet exemptions, or showing that the defendant was not aware of the child's age, despite this being a strict liability crime in Florida. Reach out to us for expert legal guidance.

Additional Information in West Palm Beach

The 2023 Florida Statutes - Lewdness; Indecent Exposure: Detailed information the criminal offenses involving inappropriate behavior towards a minor, specifying the conduct considered illegal, potential defenses, and the associated penalties. Understanding the specifics of this statute is crucial in defending a case related to lewd or lascivious acts, as it outlines what the prosecution must prove for a conviction and the legal definitions that could impact defense strategies.
Florida Department of Children and Families - Child Protection: Offers a wide range of services aimed at the protection and well-being of children and families. This includes support for adoption, foster care, child welfare, and assistance for youth transitioning to independence. The site also provides resources for reporting child abuse and accessing various family services. In a lewd defense case, this site could provide valuable information and resources to understand child protection laws and services, potentially offering insights into legal standards and support systems that could be relevant in such cases.
U.S. Department of Justice - Child Exploitation and Obscenity Section: Details their mission to enforce federal criminal statutes related to the exploitation of children and obscenity. It offers resources, news, and guidance on preventing child exploitation, with a focus on internet-facilitated crimes. For a lewd defense case, this site can provide insights into federal priorities, legal frameworks, and the latest enforcement techniques, which could inform defense strategies or highlight potential prosecutorial approaches.

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