If you have been charged with lewd or lascivious conduct, you need an attorney who can work tirelessly to protect you against the severe consequences associated with this criminal offense. A conviction for lewd or lascivious battery could result in years in jail, steep financial penalties, a permanent criminal record, and other long-term ramifications that impact virtually every aspect of your life.
An Orlando lewd and lascivious battery lawyer can thoroughly examine the evidence against you and leverage the best available strategies to fight against your charge. Our sex crimes defense attorneys could identify weaknesses in the prosecution’s case, as well as any procedural defenses that may be available in your situation.
Under Florida law, there are various lewd or lascivious acts that a person can be charged with. “Lewd or lascivious” broadly refers to situations where someone engages in any form of sexual activity with a minor who is younger than 16.
The charge of lewd or lascivious battery specifically refers to sexual activity with a child who is between the ages of 12 and 16, and to situations where a person encourages or entices a child younger than 16 to participate in various sexual acts including sexual bestiality, prostitution, or sadomasochistic abuse.
Other related charges that require immediate representation from an Orlando attorney include lewd or lascivious molestation and lewd or lascivious exhibition. The charge of lewd or lascivious molestation involves purposefully touching the genitals, breasts, or buttocks of a child younger than 16 or forcing a child younger than 16 to touch these areas on the alleged offender.
Lewd and lascivious exhibition is when someone intentionally exposes their genitalia, masturbates, or engages in other sexual behavior that does not involve touching the other person, who is a child younger than 16. Any of these acts can lead to serious felony charges that carry lengthy prison terms on top of other grave penalties.
An Orlando attorney can explain the exact penalties you might face for a lewd or lascivious battery charge. Multiple factors can affect the severity of the penalties attached to this case, including the age of the alleged victim, the age of the accused, and whether or not you have a prior criminal record.
For a charge of lewd or lascivious battery, the offense is usually a second-degree felony. A conviction for a second-degree felony can lead to penalties including $10,000 in fines, plus up to 15 years in prison.
When the charge involves a defendant who is 18 or older with prior criminal convictions, the offense can become a first-degree felony. Penalties for a first-degree felony include up to 30 years in prison, plus fines up to $10,000.
Given the age of the alleged victims in these situations, there are certain defenses that are prohibited by state law. For example, neither the consent of the alleged victim nor the alleged victim’s misrepresentation of their age can be used as a defense against a lewd or lascivious battery charge.
The law also forbids individuals charged with lewd or lascivious battery from using ignorance about the alleged victim’s age or the good faith belief that the alleged victim was of age to defend against this charge. However, there are plausible defenses that can be available in these cases.
For example, false accusations or a case of mistaken identity can be a defense here. Other possible defenses may revolve around lack of probable cause, lack of intent, or insufficient evidence.
If you are facing charges for alleged lewd and lascivious battery, you are likely feeling frightened and overwhelmed at the legal challenge in front of you. We understand the complexity of these charges and the problems you are facing throughout the criminal case process.
An Orlando lewd and lascivious battery lawyer can determine your top legal options while providing a tough, aggressive defense. To get more information about the right defense strategy for your case, contact our office today and set up your one-on-one consultation with a criminal defense lawyer.
The Umansky Law Firm Criminal Defense & Injury Attorneys
