Child Molestation Attorney in Miami

A Former Prosecutor Who Now Fights for the Accused in Miami-Dade

The Law Offices of Eric M. Matheny, P.A. defends clients charged with child molestation and lewd or lascivious offenses throughout Miami-Dade County. Attorney Eric M. Matheny is a former prosecutor who now represents the accused. That background gives our firm direct knowledge of how the Miami-Dade State Attorney’s Office builds these cases, what evidence prosecutors prioritize, and where defense pressure is most effective.

These charges carry some of the most severe penalties in Florida, including life sentences and mandatory sex offender registration. An accusation alone can upend employment, housing, and family relationships before a single charge is filed. The time to involve defense counsel is now, not after a detective has taken a statement.

Call us today for a free case evaluation. Our Miami child molestation defense attorneys can review your situation and explain your options. Reach The Law Offices of Eric M. Matheny, P.A. at (305) 504-6655.

How Florida Law Defines Child Molestation Charges

Florida statutes don’t use the phrase “child molestation.” The conduct is charged under Florida Statute 800.04 as a lewd or lascivious offense. The statute defines four distinct categories, each carrying different penalties based on the nature of the alleged conduct and the ages of the parties involved.

Which category applies to a specific charge determines the penalty exposure:

• Lewd or Lascivious Battery: Sexual activity with a person aged 12 to under 16
• Lewd or Lascivious Molestation: Intentional touching of intimate areas of a person under 16 in a lewd manner
• Lewd or Lascivious Conduct: Intentionally touching a person under 16 in a lewd or lascivious manner, or soliciting a person under 16 to commit a lewd or lascivious act
• Lewd or Lascivious Exhibition: Exposing genitals or masturbating in front of a person under 16

Florida law defines “lewd or lascivious” as conduct reflecting wicked, lustful, or sensual intent. These are strict-liability crimes. The law expressly bars two defenses: that the defendant didn’t know the victim’s age, and that the victim purportedly consented. Both are prohibited under Florida Statute 800.04.

Penalties for Lewd or Lascivious Molestation in Florida

The severity of the charge depends on the ages of both the accused and the alleged victim, and the consequences extend well beyond prison time.

• Offender 18 or older, victim under 12: Life felony, 25-year mandatory minimum, maximum life in prison, up to $15,000 fine, lifetime sex offender probation
• Offender 18 or older, victim 12 to under 16: Second-degree felony, up to 15 years in prison, up to $10,000 fine, up to 15 years sex offender probation
• Offender under 18, victim under 12: Second-degree felony
• Offender under 18, victim 12 to under 16: Third-degree felony, up to 5 years in prison, up to $5,000 fine

Any conviction triggers mandatory registration as a sex offender or sexual predator on Florida and national registries, a lifelong public record that restricts where a person can live and work. Under Florida’s Criminal Punishment Code, lewd or lascivious offenses carry scored minimum sentences that vary by charge, the ages of the parties, and prior history, absent grounds for downward departure. Florida Statute 775.21, the Florida Sexual Predators Act, governs classification as a sexual predator and imposes additional registration and community notification requirements. Residency restrictions for sex offenders in Miami-Dade and throughout South Florida are among the most restrictive in the state.

How Miami-Dade Investigates These Cases

The Miami-Dade Police Department’s sex crimes division handles cases involving minor victims, and detectives in that unit are trained specifically to gather sensitive information from young children. In nearly every child sexual battery and lewd or lascivious molestation case in Miami-Dade, charges aren’t filed until the child has undergone a forensic interview conducted by a trained child psychologist. That interview shapes the entire prosecution.

After an arrest, bond hearings are held at the Richard E. Gerstein Justice Building, and the Miami-Dade State Attorney’s Office assigns these matters to prosecutors who focus on sex offenses. Cases move quickly. The investigation phase, before charges are formally filed, is a critical window. Statements made to law enforcement without an attorney present can be used against the accused at trial. Retaining counsel before that interview happens, or as soon as possible after an arrest, isn’t a precaution. It’s a necessity.

Defense Strategies for Lewd & Lascivious Charges in Miami

Because Attorney Matheny prosecuted criminal cases before moving to the defense, he understands what the State Attorney’s Office needs to pursue a conviction and where that case can be challenged. No two cases are the same, but several defense approaches arise frequently in these matters.

• False Allegations: Accusations can originate from custody disputes, parental coaching, jealousy, or financial motives. Investigating the source of the allegation is a foundational step.
• Lack of Lewd Intent: The prosecution must prove the defendant acted with a sexual or lustful purpose. Incidental or innocent contact doesn’t meet that standard.
• Forensic Interview Errors: Leading questions by investigators or child psychologists can influence a child’s account. We scrutinize the forensic interview for procedural flaws that may affect the reliability of statements.
• Constitutional Violations: Failure to provide Miranda warnings before a custodial interrogation, coerced confessions, and unlawful searches can each support a motion to suppress evidence.
• Pretrial Motions: Motions to suppress and motions to dismiss may resolve a case before it reaches a jury. Not every case goes to trial.

The law prohibits arguing the victim consented, that the victim misrepresented their age, or that the defendant was unaware of the victim’s age. Effective defense focuses on the prosecution’s evidence, how it was gathered, and whether it meets the constitutional and evidentiary standards required for conviction.

Why Miami-Dade Clients Choose The Law Offices of Eric M. Matheny, P.A.

Attorney Matheny has tried more than 50 jury and non-jury trials. His time as a former prosecutor means he has sat at the other side of the table and understands how sex crimes cases are built from the moment a detective opens a file. That perspective directly informs the defense strategy we develop for each client. When you retain our firm, Attorney Matheny handles your case personally from investigation through resolution.

The Law Offices of Eric M. Matheny, P.A. has been recognized among the Best Criminal Lawyers in Miami by Expertise.com in 2017, 2018, and 2019. The firm has been quoted as a legal commentator by the Miami Herald, Miami New Times, Sun Sentinel, The Boston Globe, and The New York Times. Payment plans are available.

Facing Child Molestation Charges in Miami? Contact Us Now.

These cases move fast in Miami-Dade. The window to build an effective defense begins narrowing the moment an investigation opens, and waiting to retain counsel narrows your options. A free case evaluation costs nothing and gives you a clear picture of where things stand and what options may be available.

We defend clients throughout Miami-Dade County and are ready to discuss your situation confidentially.

Contact The Law Offices of Eric M. Matheny, P.A. now at (305) 504-6655 to schedule your free case evaluation with a Miami child molestation defense attorney.