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Child Molestation

Child Molestation Defense Lawyer in Jacksonville

Former Prosecutor. Special Assault Division. Fighting for You.

A charge under Florida Statute 800.04(5), lewd or lascivious molestation, can affect the rest of your life. The decisions you make before investigators or prosecutors move further matter enormously. At McCormick Law, our founding attorney Russell B. McCormick spent years as an Assistant State Attorney in Florida’s Fourth Judicial Circuit, assigned to the Special Assault Division, the very unit that prosecutes these cases today. That background shapes how we approach every molestation defense we take on.

Clients work directly with our attorneys from the first conversation through resolution. We’ve handled thousands of criminal cases across Northeast Florida, and we bring the same thorough preparation to every client, whether a case moves toward negotiation or a judge and jury in Circuit Criminal Court.

If you’ve been accused or believe you’re under investigation, contact McCormick Law at (904) 353-0436. We offer free initial consultations and are available 24/7, including evenings and weekends.

What Florida Law Defines as Lewd or Lascivious Molestation

Florida Statute 800.04(5) defines lewd or lascivious molestation as intentionally touching, in a lewd or lascivious manner, the breasts, genitals, genital area, or buttocks (or the clothing covering them) of a person under 16, or forcing or enticing that person to touch the accused. The statute sets felony degree based on the ages involved.

The felony classifications carry severe exposure:

  • Life felony: Accused is 18 or older and the alleged victim is under 12
  • Second-degree felony: Accused is 18 or older and the alleged victim is 12 to 15, or certain other age combinations
  • Third-degree felony: Applies to remaining age combinations under the statute

A conviction at any level requires registration as a sex offender or sexual predator under Florida law. The statute also removes several defenses defendants sometimes assume are available: the alleged victim’s consent, their sexual history, and any claimed belief about their age aren’t recognized defenses under 800.04(5). Understanding what the statute does and doesn’t allow is where defense strategy begins.

How These Investigations Unfold in Florida

Molestation allegations typically trigger two separate inquiries: a law enforcement investigation and a Department of Children and Families investigation. These agencies operate independently, and one agency’s findings don’t control the other’s actions. A case can move forward on a criminal track even when a DCF investigation reaches a different conclusion.

One of the most significant risks at the investigation stage is making statements before speaking with an attorney. Anything said to law enforcement, DCF investigators, or others outside of legal counsel can be introduced as evidence in court. Preserving materials relevant to the accusation and avoiding unguided communications with investigators are steps that support the defense from the start.

How We Build a Defense Against a Molestation Charge

Because Russell McCormick prosecuted cases in the Special Assault Division, he understands how the state evaluates evidence, prepares witnesses, and frames its theory of a case at trial. We use that perspective to identify issues in the prosecution’s approach and determine which defense avenues are worth pursuing for your specific situation. Every strategy we develop is tailored to the client’s actual circumstances, not a template applied across cases.

We don’t assume a plea is the endpoint. We prepare each case as if trial is a real possibility, which strengthens our position at every stage, including any discussions that happen outside of court.

Our Results

Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations might be.

  • Charges Dropped State v. A.S. 2013-MM-60XX (Duval)

    Mr. McCormick exposed to the prosecutor that the Client was, in fact, acting in self-defense. Charges dropped.

  • Charges Dropped State v. D.C. 2013-MM-71XX (Duval)

    Mr. McCormick exposed the alleged Victim’s lies to the prosecutor and charges were dropped.

  • Charges Dropped State v. D.P. 2013-CF-22XX (Duval)

    Mr. McCormick was able to negotiate with the State Attorney’s Office to allow Client's release from jail, avoid further prosecution or arrest, and all charges will be dropped in 6 months!

  • Charges Dropped State v. D.T. 2013-CF-72XX (Duval)

    Mr. McCormick negotiated with the State Attorney’s Office for the Client to be released from jail, avoid further prosecution, and all charges will be dropped in 8 months!

  • Charges Dropped State v. E.E. 2013-CF-73XX (Duval)

    Mr. McCormick exposed the alleged Victim’s lies to the prosecutor. All charges dropped.

  • Charges Dropped State v. J.P. 2013-CF-6XX (St. Johns)

    Mr. McCormick was able to expose some inconsistencies in the Victim’s allegations quickly and had the felony dropped. After a more thorough investigation was conducted, Mr. McCormick also had the misdemeanor dropped.

Where Jacksonville Molestation Cases Are Heard

Jacksonville falls within Florida’s Fourth Judicial Circuit, which also covers Clay and Nassau counties. Felony charges under Florida Statute 800.04, including lewd or lascivious molestation, are heard in Circuit Criminal Court at the Duval County Courthouse. Clients from Orange Park and the broader Clay County area face proceedings in the same Fourth Judicial Circuit court system. Our attorneys know these courts and the prosecutors who work in them.

Talk to a Jacksonville Defense Attorney Today

A molestation accusation can move quickly once investigators are involved. Early legal guidance can affect how evidence is gathered, what statements are made, and how your defense takes shape. We offer free initial consultations, payment plans to help manage costs, and 24/7 availability, including evenings, weekends, and off-site meetings when you can’t come to us.

Call McCormick Law at (904) 353-0436 to speak directly with one of our defense attorneys about your case.

FAQs

Stay in the Know
  • Common Defenses to Criminal Charges

    If you have been charged with a crime, you have the right to defend yourself against the charges. There are many different types of defenses that can be used to challenge the prosecution’s case and fight for a favorable outcome.

    Some of the most common types of criminal defenses include:

    • An alibi is a defense used to prove that the defendant was somewhere else when the crime was committed. Alibi defenses often rely on witness testimony, video surveillance, or other types of evidence.
    • Self-defense is a defense that is used to prove that the defendant used reasonable force to protect themselves from harm. Self-defense is a common defense in assault and battery cases.
    • Insanity is a defense that is used to prove that the defendant did not have the mental capacity to understand that their actions were wrong. Insanity defenses are relatively rare and can be difficult to prove.
    • Entrapment is a defense that is used to prove that the defendant was induced or coerced by law enforcement to commit a crime that they would not have otherwise committed. Entrapment defenses are relatively rare and can be difficult to prove.
    • The Fourth Amendment to the United States Constitution protects individuals from unreasonable searches and seizures. If the police obtained evidence against you through an illegal search and seizure, it may be possible to have that evidence suppressed.

    Our Jacksonville criminal defense lawyer can review the facts of your case and help you determine the best defense strategy for your situation.

  • What Are My Rights Following an Arrest?

    If you find yourself under arrest, you must be aware of your rights to ensure your defense is as strong as possible. First and foremost, you have the right to remain silent. Anything you say can be used against you in court, so exerting your right to remain silent can protect you from inadvertently incriminating yourself.

    You also have the right to an attorney. This means you can request to speak with a lawyer before answering any questions from law enforcement. If you cannot afford a lawyer, one will be supplied. Using this right is crucial to ensure that your legal interests are represented from the outset.

    Another important right is protection against unreasonable searches and seizures. Law enforcement will need to have probable cause or a warrant to search or seize the property. Any evidence obtained may be inadmissible in court if these rights are violated.

    You also have the right to be informed of the charges against you. This ensures that you understand the nature of the accusations and can prepare an appropriate defense. You are also entitled to a fair and speedy trial, ensuring your case is heard promptly.

    Understanding these rights can differentiate between a favorable outcome and a compromised defense. If you are unsure how to navigate the legal system following an arrest, seeking advice from our skilled Duval County criminal defense lawyer can help protect your rights and interests.

  • Can a Criminal Case Be Dismissed Before Trial?

    Yes, a criminal case can potentially be dismissed before trial if there are issues such as insufficient evidence, violations of your rights, or procedural errors. A Jacksonville criminal defense attorney can file motions to dismiss or suppress evidence, increasing the chances of achieving a dismissal.

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