A. M. (Trial Verdict/ Sex. Bat on child/Not Guilty/3 counts)
Arguably the most serious battery charge in Florida is an allegation of sexual battery on a child who is less than twelve (12) years old. There is only one (1) possible sentence: Life in prison with a a minimum mandatory sentence of twenty-five (25) years.
Such a false allegation was made against A.M. in St. Lucie County, who was charged with two (2) counts of Sexual Battery on a Child under 12 per Ch. 794.011(2) Fla. Stat., and one (1) count of Lewd or Lascivious Molestation of a a child under 12, per Ch. 800.04(5)(b), Fla. Stat, both charges carrying life sentences with 25 years minimum mandatory prison if the Defendant is convicted.
The charges resulted from an angry former girlfriend bent on the coldest kind of revenge against her former boyfriend; that her six (6) year old child had been sexually assaulted by the ex-boyfriend.
The case took over a week to try, and Jay Kirschner and co-counsel aggressively defended this innocent man so persuasively that the jury found him NOT GUILTY of all three (3) of the baseless charges in less than an hour.