Child Molestation Defense in Charlotte County

Florida’s Penalty Structure for Lewd or Lascivious Molestation

The felony degree charged under Florida Statute 800.04(5) depends on the ages of both the victim and the accused, and on whether the accused has a qualifying prior conviction. These distinctions matter enormously because they determine the sentencing range and, in some cases, the difference between a fixed term and a life sentence.

• Life felony: An offender 18 or older who commits lewd or lascivious molestation against a victim younger than 12.
• Life felony (repeat offense): An offender who commits lewd or lascivious molestation against a victim younger than 16 and who has a qualifying prior conviction for certain sex offenses faces the same life felony exposure, regardless of the offender’s age.
• Second-degree felony: An offender 18 or older who commits lewd or lascivious molestation against a victim 12 or older but younger than 16, without a qualifying prior conviction.
• Third-degree felony: An offender younger than 18 who commits lewd or lascivious molestation against a victim 12 or older but younger than 16.

Every conviction under this statute also carries mandatory sex offender registration, a consequence that affects housing, employment, and daily life long after any prison sentence ends.

Defense Strategies in Molestation Cases

Florida law closes off several defenses that might apply in other criminal matters. The victim’s consent, the victim’s prior chastity, and the defendant’s claimed ignorance of the victim’s age can’t be raised as defenses under this statute. Knowing what’s off the table is as important as knowing what isn’t.

Defense work in these cases most often centers on the origin and credibility of the accusation itself. False allegations do arise, sometimes in the context of custody disputes, sometimes from a minor who has been influenced by another adult, and sometimes from other interpersonal conflicts. Investigating where the accusation came from, how it developed, and whether the account has remained consistent is often where the defense is built.

That investigation requires early action. Witnesses’ memories shift, and records get harder to obtain. The sooner we can document what actually happened, the stronger the defense position.

After an Arrest: Charlotte County Court Process

Charlotte County is part of Florida’s 20th Judicial Circuit, which also covers Collier, Glades, Hendry, and Lee counties. Felony criminal matters for Charlotte County are heard at the Charlotte County Justice Center in Punta Gorda. Our team is familiar with the judges, prosecutors, and procedures at that courthouse, and that familiarity helps us navigate pretrial proceedings, plea negotiations, and trial preparation without the learning curve that comes with working in an unfamiliar jurisdiction.

From the first appearance through arraignment, pretrial motions, and, if necessary, trial, we’re present and prepared at every stage.