Miami Statutory Rape Defense from a Former Prosecutor with 20+ Years in Florida Criminal Law
A statutory rape charge in Florida carries consequences that can follow you for the rest of your life. Sex offender registration, a felony conviction, and collateral damage to employment, housing, and family relationships don’t pause while you figure out your next step. At Law Office of Armando J. Hernandez, P.A., our Miami criminal defense attorneys bring more than 20 years of Florida criminal law experience to these cases, including the prosecutorial background that reveals how the Miami-Dade State Attorney’s Office evaluates evidence and builds its strategy from day one. We’re available 24/7 and offer services in Spanish.
Attorney Armando J. Hernandez is a former prosecutor who now applies that insider perspective to defending clients facing sex crime charges in Miami and throughout Miami-Dade County. Recognized by The National Trial Lawyers: Top 100 Trial Lawyers and America’s Top 100 Criminal Defense Attorneys®, our boutique firm limits its caseload deliberately so each client receives focused attention.
If you or someone you know is facing a statutory rape charge or believes they’re under investigation, contact our Miami statutory rape attorneys immediately at (305) 400-0074. Early intervention can affect how charges are filed, how bond is set, and what options remain available before the case moves further.
How Florida Law Defines Statutory Rape
Florida doesn’t use the term “statutory rape” in its criminal statutes. The primary charge is codified as unlawful sexual activity with certain minors under Florida Statute 794.05. Under that statute, it is illegal for a person aged 24 or older to engage in sexual activity with a minor who is 16 or 17 years old. A person under 24 isn’t subject to this provision for those age groups.
For minors under 16, the law shifts significantly. Florida Statute 794.011 treats sexual contact as sexual battery regardless of the defendant’s age, exposing defendants to first-degree felony charges and up to 30 years in prison.
Two features of Florida Statute 794.05 catch many people off guard:
- Strict liability: The prosecution doesn’t need to prove you knew the minor’s age. Florida Statute 794.021 bars ignorance of age as a defense, even if the minor lied about their age. That fact doesn’t shield you from prosecution.
- No consent defense: Florida law deems minors legally incapable of consenting to sexual activity. The state can also bring charges without the alleged victim’s cooperation. The prosecutor makes that decision independently.
Penalties & Collateral Consequences of a Conviction
A first-time conviction under Florida Statute 794.05 is a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000. Defendants with prior qualifying sex offense convictions may face significantly enhanced sentencing exposure under Florida’s habitual offender provisions. The Florida Criminal Punishment Code Scoresheet, which weighs offense level, victim injury, and prior record, determines whether mandatory minimums apply to your specific situation.
The sentence is only the beginning. A conviction typically requires mandatory registration on Florida’s publicly accessible Sexual Offenders and Predators database, which publishes your name, address, photograph, and conviction details. Registration requirements are often lifelong. Beyond registration, a conviction can affect nearly every area of your life:
- Loss of the right to vote, possess firearms, and serve on a jury
- Severe restrictions on professional licensing and career opportunities
- Immigration consequences, including potential deportation or inadmissibility
- Impact on child custody rights and public housing eligibility
- Probation conditions restricting where you can live or work
Defense Strategies in Florida Statutory Rape Cases
Because consent and mistake-of-age aren’t valid defenses under Florida law, defense strategy focuses on what can be challenged: whether the alleged conduct occurred, the credibility and consistency of witness accounts, and how law enforcement gathered its evidence.
Challenging the Evidence
Alibi evidence and inconsistencies in the complaining witness’s account are often central to the defense. Digital evidence, including text messages, social media communications, and device contents, frequently plays a major role in these cases. How that evidence was obtained matters. If investigators violated Fourth Amendment protections during a search, a motion to suppress may be the strongest tool available.
Entrapment in Online Sting Operations
In Miami-Dade County, many statutory rape investigations involve undercover operations or online sting activity conducted by the Miami-Dade Police Department or City of Miami Police Department. Where law enforcement induced conduct that wouldn’t otherwise have occurred, an entrapment defense may apply.
The Romeo & Juliet Law
Florida’s Romeo and Juliet law (Florida Statute 943.04354) is a close-in-age exemption for consensual sexual activity where the minor is at least 14 and no older than 17 and the defendant is no more than four years older. It doesn’t remove criminal liability or block prosecution. What it may allow is a petition for removal from the sex offender registry after the sentence is served. Understanding exactly what this law does and doesn’t do is critical before relying on it in any defense discussion.
Removal of Nonage & Negotiated Resolutions
If a 16- or 17-year-old minor has had the disabilities of nonage removed by court order under Florida Statute 743, that minor is treated as a legal adult, which may constitute a defense. When the evidence is strong, negotiating for reduced charges is also a legitimate strategy. An attorney familiar with how the Miami-Dade State Attorney’s Office evaluates these cases is positioned to identify those opportunities earlier.
Why Attorney Hernandez’s Background Matters in Miami-Dade Cases
Attorney Armando J. Hernandez prosecuted criminal cases before transitioning to defense. That experience isn’t just a credential. It shapes how we approach every statutory rape case. We understand how prosecutors weigh evidence at the charging stage, what investigative gaps they look for, and where cases tend to be stronger or weaker before they ever reach the courtroom.
As a boutique firm, we don’t distribute effort across an oversized docket. That structure allows for thorough pre-trial investigation, including independent review of digital evidence and witness interviews, that supports a focused defense strategy. Clients receive direct communication and consistent updates throughout the representation.
The Miami-Dade Court Process After a Statutory Rape Arrest
Felony statutory rape charges in Miami-Dade County are processed through the Circuit Criminal division at the Richard E. Gerstein Justice Building, where all Miami felony cases are handled. After arrest, you’ll face a bond hearing. Felony bond hearings run weekdays at 9 a.m. and 1:30 p.m. at the Justice Building. Having defense counsel present at that hearing can affect bond conditions and the trajectory of the case from the start.
The case then moves through arraignment, pre-trial motions, and, if not resolved, trial. Each stage before trial is an opportunity to challenge evidence, file suppression motions, or pursue a negotiated resolution. Retaining a statutory rape lawyer in Miami before or immediately after arrest can put the defense in position from the first hearing.
Common Questions About Florida Statutory Rape Charges
What is the statute of limitations for statutory rape in Florida? The window varies depending on the specific charge and circumstances. Significant exceptions apply, including tolling rules tied to the victim’s age and, for certain offenses committed on or after July 1, 2020, changes that eliminate the limitations period entirely for specified sexual offenses against minors. An attorney can clarify how these rules apply to a specific situation.
Can the state bring charges without the victim’s participation? Yes. The Miami-Dade State Attorney’s Office makes the charging decision independently of whether the alleged victim cooperates. Charges can proceed, and often do, regardless of the victim’s wishes.
What should I do immediately after an arrest or investigation contact? Don’t speak to investigators without an attorney present. Detectives are permitted to conduct recorded phone calls with suspects, and those recordings can be used as evidence. Don’t contact the alleged victim, their family, or any witnesses after an arrest. Doing so can result in additional charges.
Speak with a Miami Statutory Rape Attorney Today
The decisions made in the first hours and days after an arrest or investigation contact can shape the entire case. Our attorneys at Law Office of Armando J. Hernandez, P.A. are available around the clock to review your situation and take immediate action. We serve clients throughout Miami and Miami-Dade County, with Spanish-language services available.
Call our Miami statutory rape lawyers now at (305) 400-0074. We’re available 24/7.
