Friday, October 31, 2014

Will my son be charged with Lewd & Lascivious Battery on his 4 y/o sister? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Need help with a juvenile case.  My son (from a previous relationship), who is 14 years old is being charged with L&L battery on his younger sister, who is 4 years old (my daughter also). However, there was no battery (unless I'm reading the law wrong). He did touch her inappropriately, but reading the Florida law on L&L battery battery doesn't fit with the situation. The siblings do live in the same home. I put my son in a youth shelter on 10/1 and he will be released tomorrow. All investigations have been complete on the part of the police dept and is now in the hands of the State Atty. Can anyone tell me what may happen with my son? He has never been arrested for this, has no record and only my fiance has received a summons to give a witness testimony on the case (not sure why as we all live together).  Just to clarify some things, my fiance and I have the daughter (victim, 4) and a son (6) together. My 14 year old is from a previous relationship. My daughter is getting the help she needs but any idea on what I can expect to happen with my son? He was never arrested and DCF said they can't help because of his age.  I love my son and want him to get help but I don't want him railroaded. He is a good kid in general, he does well academically, and has NO prior record. The detective said he was being charged with L&L molestation, but the witness summons my fiance got from the state attorney says L&L battery, which is indicative of some force used. But there wasn't any kind of force. What can I expect will happen with my son? Will he have to register as an offender? Will he be sent to a program? No one is telling me anything so I am very confused, worried and scared.

A:     Chosen as Best Answer by Asker on AVVO!

Michael Adam Haber


Contributor Level 20


Lawyers agree
Answered First, L&L does not require the perpetrator and the victim to reside in the same home and second, in FL a battery is a non-consensual touching - so you have thoroughly incorrectly read the law.

Your son could be prosecuted for his inappropriate touching, but the question is where. Given his age I am almost certain that he would be kept in the juvenile system. He is not only young enough, but he also has no priors and, most importantly, as the juvenile system is geared toward helping / rehabilitating (whereas the adult system is geared strictly toward punishment) he stands his best shot at treatment and awareness in the juvenile system.

Juvenile Court is different than adult in many ways. Most significant are the lack of bond / bail in juvenile cases, the lack of juries in juvenile proceedings and, as stated, the goals and means of providing assistance to at risk kids such that they become responsible adults.

From what you have proffered your son is a perfect candidate for juvenile prosecution and, in his case, this might be the bets thing that ever happens/happened to him. The best thing that you can do is to be understand and supportive - to assist him in being compliant with the system - and of course if you can afford to retain experienced G-ville area criminal defense counsel that would be beneficial. (If not don't sweat it; instead concentrate on being understand and supportive and have faith in the PD - they are well-trained, highly capable and have the necessary resources to diagnose the situation and generate a comprehensive plan which will serve your son's personal and legal interests.)

Good luck!
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Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


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