Sex Crimes Defense in Miami

You deserve a defense that is careful, discreet, and aggressive. Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Everything you tell us is confidential. Our office answers 24 hours a day.

Sexual Battery

Florida's sexual battery law covers a range of offenses, and the degree depends largely on the ages involved, whether there was consent, and whether force or other aggravating circumstances are alleged. In general terms:

• Without consent and without force likely to cause serious injury: a second-degree felony (when both people are adults).
• With certain aggravating circumstances listed in the statute: a first-degree felony, some punishable by up to life.
• With physical force likely to cause serious personal injury: a life felony.
• By an adult against a child under 12: a capital felony.

Lewd or Lascivious Offenses

Florida's lewd or lascivious laws cover conduct involving minors under 16, including battery, molestation, conduct, and exhibition. Most of these offenses are second-degree felonies when the accused is an adult. Lewd or lascivious molestation of a child under 12 by an adult is a life felony, and a prior qualifying conviction can raise a lewd offense to a first-degree felony. When the accused is under 18, lewd conduct and lewd exhibition, and lewd molestation of a child 12 to 15, are third-degree felonies; lewd molestation of a child under 12 is a second-degree felony. The victim's consent, or not knowing the victim's age, is not a defense.

Child Sexual Abuse Material (Child Pornography)

Under Florida law, knowingly possessing, controlling, or intentionally viewing child sexual abuse material is a second-degree felony. Each image, and each child in each image, can be charged as a separate offense, so one device can lead to dozens of counts. Under the statute, possessing three or more copies of such material is treated as prima facie evidence of an intent to promote, which is charged as a separate offense.

Federal prosecutors also bring these cases, often with mandatory minimum prison terms. Many cases start with a CyberTip report from an online platform, followed by a search warrant for devices.

Common defense issues include who had access to the device, whether files were knowingly downloaded or viewed, how the search was conducted, and the forensic examination itself.

Online Solicitation, Traveling to Meet a Minor, and Sting Operations

Many sex-crime arrests in South Florida come from undercover sting operations, where an officer poses as a minor or as a parent online.

• Using a computer or phone to solicit a child, or a person believed to be a child, or a person believed to be a parent of a child, for unlawful sexual conduct is a third-degree felony.
• Traveling to meet a minor (or a person believed to be a minor) after such communication is a second-degree felony.

Because no real child is involved, these cases often turn on what the messages actually say, who raised the topic, and whether law enforcement went too far in persuading someone who was not otherwise inclined to commit a crime (entrapment).

Indecent Exposure and Prostitution, in Brief

• Indecent exposure cases often turn on what was seen, by whom, and whether the conduct was intentional.
• Soliciting prostitution is a first-degree misdemeanor for a first violation, a third-degree felony for a second, and a second-degree felony for a third or later. Many first-time cases can be resolved without a conviction.

False and Recanted Accusations

False accusations happen, in custody battles, divorces, breakups, and family disputes. Accusers also sometimes recant. A recantation doesn't automatically end a case; prosecutors can continue with other evidence. But inconsistent statements, motives to fabricate, and the lack of physical evidence are often at the heart of the defense.

How These Investigations Start

• Child Protective Team (CPT) or DCF interviews of a child, often recorded.
• Controlled calls or texts. Police have the accuser call or message you, hoping you'll say something they can use. The call is recorded and the officer may be listening.
• Device searches — phones, computers, and cloud accounts.
• CyberTips from social media and online platforms.
• Undercover chats in sting operations.

Don't Talk to Detectives, and Don't Respond to a Controlled Call

If a detective calls, or if the accuser suddenly calls or texts you about the allegations, say nothing about the accusation. Don't explain, apologize, or argue. Any of it can be recorded and used against you. Tell the detective your lawyer will contact them, and call us.

If police want to arrest you, we can often arrange a surrender. See Turning Yourself In.

Sex Offender Registration

Many sex offense convictions require registration as a sexual offender in Florida. Registration involves reporting in person to the sheriff within 48 hours after establishing a residence, and ongoing reporting of addresses, vehicles, and other information. Failing to comply is a separate crime. Registration can restrict where you live and work and can affect you for decades. Whether a plea triggers registration is one of the most important questions in any sex-crime case.

Civil Commitment (Jimmy Ryce Act)

After a prison sentence for certain sexually violent offenses, the State can seek civil commitment as a "sexually violent predator" under Florida's Jimmy Ryce Act. A court or jury must find this by clear and convincing evidence, and a jury verdict must be unanimous. It is a separate proceeding from the criminal case, and it should be considered from the start.

Bond and Pretrial Conditions

Many sex offenses are on Florida's list of charges that require waiting for a judge at first appearance before release. Judges often impose strict conditions: no contact with the accuser, no contact with minors, internet or device restrictions, and GPS monitoring. See Bond & Nebbia Hearings.

Federal Sex Crime Cases

Federal cases in the Southern District of Florida often involve child sexual abuse material, online enticement, or travel across state lines. They frequently carry mandatory minimum sentences and a presumption of detention before trial. Federal cases require a lawyer who knows federal court.

Confidentiality

What you tell your lawyer is protected by the attorney-client privilege. We handle these cases with discretion: private meetings, careful communication, and no unnecessary disclosure.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

A detective wants to "hear my side." Should I talk?

No. Tell the detective your lawyer will call, then call us. Statements are often the key evidence in these cases.

The accuser called me about it. What do I do?

Don't discuss it. It may be a recorded controlled call. Call a lawyer immediately.

Will I have to register as a sex offender?

It depends on the charge and the outcome. Avoiding a registration offense is often a central goal of the defense.

I was caught in an online sting, but there was no real child. Is that a defense?

Not by itself, because the law covers a person believed to be a child. But the messages, who started what, and entrapment can be strong defenses.

Is my case confidential?

Yes. Your communications with your lawyer are privileged, and we handle every case with discretion.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.