Child Molestation Attorney in Miami
Former Miami-Dade Prosecutor Defending Lewd & Lascivious Charges
A charge under Florida’s lewd or lascivious molestation statute can mean a life sentence, mandatory sex offender registration, and consequences that follow a person for decades after any prison term ends. Miami-Dade prosecutors pursue these cases aggressively, and the window to build an effective defense opens the moment an accusation is made. Attorney Armando J. Hernandez spent years at the Miami-Dade State Attorney’s Office prosecuting life and first-degree felonies, including cases before the Repeat Offender Courts. He understands how the State builds these cases because he built them.
Law Office of Armando J. Hernandez, P.A. is a boutique criminal law firm that dedicates its full attention to each client. No hand-offs to junior associates. No lost calls. Clients have direct access to Attorney Hernandez around the clock, and Spanish-language representation is available.
If you or someone you know is facing a child molestation charge in Miami, call us now for a free initial case review at (305) 400-0074. Time is critical, and we’re available 24/7.
How Florida Law Defines Child Molestation
Florida statutes don’t use the term “child molestation.” The charge is prosecuted as lewd or lascivious molestation under Fla. Stat. 800.04, which covers intentional touching of a child’s breasts, genitals, genital area, or buttocks, or the clothing covering those areas, or forcing or enticing a child to touch those same areas on the accused. The law applies to any child under 16.
Florida organizes lewd and lascivious offenses into four categories: lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, and lewd or lascivious exhibition. Each carries its own penalty structure. These are strict liability crimes with respect to the victim’s age: the defense can’t argue the accused was unaware of the child’s age, that the child appeared older, or that the child consented. Sexual battery under Fla. Stat. 794.011 is a distinct charge that applies when penetration or oral contact with a sexual organ is alleged, and it carries its own sentencing range, including capital felony classification when the victim is under 12 and the accused is 18 or older.
Penalties for Lewd or Lascivious Molestation in Florida
The classification and mandatory minimums depend on the ages of both the accused and the victim. The consequences extend well beyond prison time.
Penalty Ranges by Offense Classification
- Life felony (accused 18 or older, victim under 12): Mandatory minimum of 25 years in prison plus lifetime sex offender probation or community control. Maximum is life in prison.
- Second-degree felony (accused 18 or older, victim between 12 and under 16): Up to 15 years in prison, up to 15 years of sex offender probation, and fines up to $10,000.
- Second-degree felony (accused under 18, victim under 12): Same felony classification, with a minimum prison term calculated under Florida’s Criminal Punishment Code.
- Third-degree felony (accused under 18, victim between 12 and under 16): Up to 5 years in prison and fines up to $5,000.
Consequences Beyond Prison
Any conviction triggers mandatory registration on both the Florida Sex Offender Registry and the National Sex Offender Registry. Under Fla. Stat. 775.21, the Florida Sexual Predators Act, certain convictions also result in sexual predator classification, requiring registration with the sheriff’s office and quarterly in-person re-registration. Beyond registration, a conviction can carry permanent employment restrictions, housing limitations near schools or parks, and travel limitations that can last a lifetime.
Defense Strategies in Miami Molestation Cases
Because Florida law bars several common defenses, including consent, the victim’s claimed age, and the victim’s prior sexual history, early defense work determines how much leverage exists before the prosecution’s case solidifies. Attorney Hernandez’s years at the Miami-Dade State Attorney’s Office give him a clear picture of which evidence prosecutors rely on and where gaps typically appear. We investigate from the earliest stage to identify suppression opportunities, credibility weaknesses, and procedural violations.
Lack of Lewd Intent
The prosecution must prove the touching was done with lewd or lascivious intent. Incidental or accidental contact that lacked sexual motivation is a recognized defense, and attacking the intent element is often a direct route to seeking a dismissal or acquittal.
False Allegations
Accusations sometimes arise from contentious divorce or child custody proceedings, parental coaching, or misidentification. Documenting the accuser’s motivation and timeline early is critical. We investigate the circumstances behind the accusation, not just the accusation itself.
Constitutional Violations
Miranda rights violations, unlawful searches and seizures, and warrantless arrests can support motions to suppress or dismiss. These procedural failures by law enforcement can lead to evidence being challenged before trial.
Forensic Evidence Challenges
Chain of custody problems, errors in forensic collection, and inconsistencies in physical evidence can each undermine the prosecution’s case. We examine the evidentiary record for weaknesses the State may not have anticipated.
Why Miami Defendants Choose Law Office of Armando J. Hernandez, P.A.
Attorney Hernandez prosecuted thousands of criminal cases at the Miami-Dade State Attorney’s Office, from DUI to life and first-degree felonies, including matters before the Repeat Offender Courts. That experience translates directly into knowing how the State prepares a lewd or lascivious molestation case and where its weaknesses can be found. Our firm has also obtained a dismissal of a Sexual Battery on a Minor under the age of 12 charge, though past results don’t guarantee the same outcome in any other case.
Attorney Hernandez has been selected for The National Trial Lawyers: Top 100 Trial Lawyers from 2013 through 2026 and has been named to America’s Top 100 Criminal Defense Attorneys, a designation held by fewer than 0.5% of criminal defense attorneys in the United States. As a boutique firm, we keep caseloads manageable so clients facing a child molestation charge in Miami receive consistent, direct attention from Attorney Hernandez himself.
Get a Free Case Review from a Miami Child Molestation Lawyer
The earlier you engage defense counsel, the greater the opportunity to investigate, challenge evidence, and protect your rights before charges are formalized. A free case review costs nothing and can clarify what options exist. We serve clients throughout Miami and Miami-Dade County in English and Spanish.
Call our Miami child molestation attorney at (305) 400-0074 now or submit the online contact form. Law Office of Armando J. Hernandez, P.A. is available 24/7.
