Lewd Conduct – Lewd and Lascivious Molestation Charges

Overview of Florida Lewd Conduct Offenses – Get Expert Advice from Gainesville Lewd Conduct Lawyer

Gainesville Lewd Conduct lawyer and Molestation Charges

There is no greater threat to anyone’s life and liberty than being accused of lewd conduct or any kind of child molestation. The reason is simple but has two parts. The first part is the allegation itself which is a highly charged offense which can turn an entire community against you and your family forever by its very nature. The second part is the true danger though, and that is the fact that most of these crimes are based almost entirely on testimony alone. This fact is lost on most people, who just hear about some crime in passing, and just assume it’s true and that’s that. What really happens is disturbing, dangerous, and unscientific, and if you are caught in the path of a baseless lie made by a confused, vindictive, or simply bizarre person, you need expert legal counsel immediately.

First know the definition under Fl. St. 800.04. Under Florida law the touching of a child younger than 16 years of age in a lewd or lascivious way is considered a very serious offense. Even if no act took place, but the act was solicited, serious penalties can be imposed in a conviction. Conduct considered lewd or lascivious entails that the offending party’s actions had the intent to engage in the sexual conduct.

Most lewd conduct cases rely heavily on the victim’s testimony. With this in mind, a skilled defense attorney can help ensure that this testimony stays within the facts of the case and that your cause is aggressively defended.

Even if found guilty of a crime of this nature, your situation may fall under mitigating circumstances. If the child was the provoker, initiator, or aggressor of the incident, you may have defense opportunities that will allow for a lesser charge or dismissed case.

No matter what the circumstances of your case may be, a dedicated criminal defense attorney will be able to ensure that you receive a fair and unbiased trial.

Additionally, a defendant accused or convicted of this offense may face a ruined reputation and limited opportunities in the future in regard to employment, education, loans, and housing.

Gainesville lewd conduct lawyer

Choose an Experienced Gainesville Lewd Conduct Lawyer for Your Case

Protecting your future is of the utmost importance to our firm. If you are looking to work with a competent Gainesville child molestation attorney who can defend your Constitutional rights throughout the criminal process while treating you with the respect and offering you the personal attention you deserve, you have come to the right website.

Unlike many lawyers advertising in the area of criminal defense, Gainesville lewd conduct lawyer Matt Landsman has gone to trial and fought multiple sex crimes cases including lewd and lascivious molestation and all types of lewd conduct. So not only is he extremely well experienced in criminal trials and litigation generally, he specifically has fought tooth and nail for people who have been accused of the same thing you have been accused of, and is fully equipped to fight for your rights no matter how bad the charges seem.

Gainesville criminal defense lawyer Matt Landsman offers a free initial case evaluation to those who are facing criminal charges throughout the greater Nort Florida area. If you have been accused of lewd conduct or Lewd and Lascivious molestation, you have no time to waste in consulting an attorney.

Types of Lewd or Lascivious Offenses in Florida

Knowing generally the types of crimes you can be accused of is important for beginning to be educated in the area of lewd conduct charges. Your Gainesville lewd conduct lawyer can start you off learning about how these types of charges are different from each other with more specificity.

  • Lewd and Lascivious Exhibition
  • Lewd and Lascivious Conduct
  • Lewd and Lascivious Molestation
  • Lewd and Lascivious Battery
  • Lewd and Lascivious Behavior

A lewd or lascivious act may refer to number of offenses under Florida law, including:

Battery — Engaging in sexual activity with a person 12 years of age or older, but less than 16; encouraging, forcing, or enticing any person 12 years of age or older, but less than 16 to engage in sadomasochistic abuse, sexual bestiality, prostitution, or other sexual acts. Lewd and lascivious battery is charged as a second-degree felony. If the defendant is 18 years of age or older and has a prior sex offense conviction, the charged is elevated to a first-degree felony.

Molestation — Touching the breasts, genitals, or buttocks, or the clothing covering them, of a victim less than 16 year of age in a lewd way. If the defendant is less than 18 years old and the victim is less than 12 years old, or the defendant is 18 or older and the victim is older than 12 years of age but less than 16, the crime is charged as a second-degree felony. If the defendant is 18 or older and the victim is less than 12 years of age, the crime is a life felony.

Conduct — Intentionally touching a person under 16 years of age in a lewd or lascivious manner or soliciting a person under 16 years of age to commit a lewd or lascivious act. If the defendant is less than 18 years of age, the offense is a third-degree felony. If the defendant is 18 years of age or older, however, the crime is a second-degree felony.

Exhibition — Exposing the genitals in public is a lewd or lascivious manner, masturbating in public, or committing any other sexual act not involving actual physical or sexual contact with the victim. If the defendant is less than 18 years of age, the crime is a third-degree felony. If the defendant is 18 years of age or older, lewd and lascivious exhibition is a second-degree felony.

Penalties for Lewd or Lascivious Behavior

The next thing you will want to know if you or a loved one is accused of one of these awful crimes is what is the worst that can happen to me. Your Gainesville lewd conduct lawyer wants you to be as informed as possible regarding what is happening in your case. While the penalties for a conviction hinge on the age of the defendant, the age of the victim, and the defendant’s criminal record, the maximum possible sentences are as follows:

  • Second-degree Misdemeanor – Up to 60 days in Jail and/or a fine of up to $500
  • Third-degree Felony – Up to 5 years in prison and/or a fine of up to $5000
  • Second-degree Felony – Up to 15 years in prison and/or a fine of up to $10,000
  • First-degree Felony – Up to 30 years in prison and/or a fine of up to $10,000
  • Life Felony – A minimum of life in prison – see Fl. St. 775.082

In addition, individuals convicted of lewd and lascivious behavior may also be required to register as sex offenders, which can limit opportunities for employment or housing.

Gainesville Lewd Conduct Lawyer Knows the Challenges Ahead

Florida’s law on lewd or lascivious molestation enumerates arguments that cannot be raised as defenses to these charges. These include:

  • Victim’s lack of chastity
  • Victim’s consent
  • Victim’s misrepresentation of age
  • Alleged offender’s genuine belief of the victim’s age
  • Alleged offenders ignorance of the victim’s age

Because there are prohibitions on defenses in these cases, effectively fighting the charge may be difficult. Make sure your Gainesville lewd conduct lawyer can explore all legal avenues on your behalf to defend your innocence.

Gainesville Lewd Conduct Lawyer is Here for You

Get a Personal Consultation

Open 24/7

Call Anytime:
(352) 664-9671

Contact

mattlandsman@flalawdefense.com

Office

747 SW 2nd Ave #28
Gainesville, FL 32601

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