Statutory Rape Attorney in Melbourne, FL

Every Attorney Is Board-Certified. All Three Work Your Case.

A statutory rape charge in Florida carries felony-level consequences that can follow you for life. At Funk, Szachacz & Diamond, every attorney on our team holds Florida Bar Board Certification in Criminal Trial Law, a credential earned by fewer than one percent of Florida attorneys. Board Certification requires handling a minimum of 25 criminal cases, including at least 20 jury trials to verdict, 15 of which must be felony cases, plus peer review and a written examination. When all three of our partners review your case together, you get that depth of verified trial experience applied to your defense from day one.

We serve clients throughout Brevard County and the Space Coast, including Melbourne, Palm Bay, Merritt Island, Rockledge, and Viera West.

If you or someone you know is facing statutory rape charges in Melbourne or anywhere in Brevard County, contact our office immediately at (321) 360-4446 for a free, confidential consultation.

What Florida Law Defines as Statutory Rape

Florida Statute 794.05 (F.S. 794.05) defines unlawful sexual activity with certain minors as sexual activity between a person age 24 or older and a person who is 16 or 17 years old. This is a second-degree felony regardless of whether the minor appeared older or provided false identification. Under F.S. 794.021, claiming ignorance of the victim’s age isn’t a valid defense, and consent by the minor doesn’t change the charge because Florida law treats persons under 18 as legally incapable of consenting to sexual activity with someone in the triggering age range.

When the alleged conduct involves a person under 16, the applicable statute shifts to Florida Statute 800.04, which covers lewd and lascivious offenses. Depending on the ages involved and the nature of the conduct, those charges can rise to first-degree or life felonies. Understanding which statute applies and what the prosecution must prove is the first step in building a defense.

Penalties & Collateral Consequences of a Conviction

A conviction under F.S. 794.05 carries up to 15 years in prison and a fine of up to $10,000. But the prison term alone understates the full impact. Sex offender registration may follow a conviction and may continue for life.

Registered sex offenders in Florida may face:

• Residency restrictions prohibiting living near schools, parks, or playgrounds
• Public listing of name, address, photograph, and offense information
• Reporting obligations each time they enter a new county
• Severe limitations on employment, housing, professional licensing, and parental rights

In serious cases, the State Attorney may also seek post-release civil commitment, which can extend incarceration beyond the prison sentence. These collateral consequences make the quality of your defense matter enormously.

Defenses to Statutory Rape Charges in Melbourne, FL

The most distinctive defense available in Florida statutory rape cases is the Romeo and Juliet provision, codified at Florida Statute 943.04354 (F.S. 943.04354). Enacted in 2007, this law allows a person convicted of a qualifying statutory offense to petition the court for removal from the sex offender registry.

The Romeo & Juliet Petition: Who Qualifies

To qualify, four conditions must all be met: the victim was at least 14 but younger than 18 at the time of the offense, the defendant is no more than four years older than the victim, the sexual activity was consensual, and the defendant has no other qualifying sex crime convictions. Critically, the Romeo and Juliet law doesn’t eliminate the criminal charge or conviction. It addresses only the sex offender registration requirement.

Even when every criterion is satisfied, removal from the registry isn’t automatic. The defendant must file a formal petition, the prosecution may oppose it, and the judge makes the final decision. Presenting a compelling petition requires thorough preparation and real courtroom experience.

Other Defenses Depending on the Facts

Additional defenses may apply depending on what the evidence shows. These can include challenging the sufficiency or chain of custody of physical evidence, exposing inconsistencies in the accuser’s account, alibi evidence, and constitutional challenges to the investigation, such as an unlawful search or a coerced statement. Florida’s Williams Rule also allows prosecutors to introduce prior bad acts evidence in sex crime cases. Anticipating that tactic and preparing a counter-strategy is part of the trial preparation we bring to every case.

Why Funk, Szachacz & Diamond for Statutory Rape Defense in Brevard County

Our attorneys previously served as Assistant State Attorneys and Felony Division Chiefs, which means we know how the State Attorney’s Office assigns specialized prosecutors to sex crime charges and how they construct their cases. That prosecutorial background directly informs how we challenge them.

All three of our partners are Florida Bar Board-Certified Criminal Trial Specialists, and that certification must be re-evaluated every five years to maintain. We have obtained dismissals in Brevard County sex crime cases, including dismissal of 10 counts of lewd and lascivious acts upon a child and two counts of felony interference with custody, dismissal of six felony counts of performing lewd acts upon a minor, and dismissal of lewd and lascivious battery. Past results don’t guarantee outcomes, but they reflect the depth of preparation we apply to every file.

We have represented judges, doctors, and law enforcement officers in high-stakes criminal matters requiring discretion and sophisticated advocacy. Our attorneys have received the Brevard County Bar Association Professionalism Award and Trial Attorney of the Year honors, and members have served as President of the Brevard County Bar Association. We’re admitted to practice in all Florida state courts, several U.S. District Courts, the Eleventh Circuit Court of Appeals, and the U.S. Supreme Court.

Speak With a Statutory Rape Lawyer in Melbourne Before It’s Too Late

The window to preserve defenses and limit the scope of charges may be narrow. Early representation can matter as much as what happens at trial. We offer a free, confidential consultation for anyone facing statutory rape charges in Melbourne or anywhere in Brevard County.

Call Funk, Szachacz & Diamond now at (321) 360-4446 to schedule your confidential consultation.