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September 30, 2009

Sex Offender Gets Life in Prison

A Hollywood man has been sentenced to life in prison for a sexual battery conviction on a child under the age of 12. The defendant and former friend of the victim's parents, 52-year old Kenneth O'Brian, stayed at the home of the victim for a period of time. In September 2008, the father of the victim allegedly walked in on a naked O'Brian in bed with his son.

The defendant denied all of the allegations and pled not guilty to the six counts of sexual battery on a child under the age of 12. The State had no DNA or forensic evidence, but did have the witness testimony of the victim's father who walked in on the act. The Court convicted O'Brian and sentenced him to life in prison.

Pursuant to Florida Statute 794.011, sexual battery on a victim under the age of 12 is considered oral, anal or vaginal penetration by another. This definition also includes the use of objects by an offender. The crime of sexual battery on a child 12 years of age or under is a very serious felony offense. If convicted, the defendant will receive a mandatory minimum sentence of life behind bars.

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Posted by Musca Law | Permalink | Email This Post

Posted In: Child Abuse , Criminal Defense , Sex Crimes

July 23, 2009

Miami Lifeguard Charged with Computer Child Exploitation

A Miami Lakes lifeguard has been arrested on charges of Computer Child Exploitation and Traveling to Meet a Minor. The accused, 34-year old Michael Woolf, allegedly spent the days prior to his arrest inappropriately speaking to a 14-year old girl on the internet. The victim turned out to be Broward County Sheriff's Office Detective, Joe Vella, a member of the Internet Crimes Against Children task force.

The police report described the conversations as flirtatious and "sexual in nature." Woolf and Detective Vella, a/k/a 14-year old girl, planned to meet at a Cooper-City fast food restaurant; officers were waiting and arrested him.

The Miami-Dade County records state that Wolfe was employed as a lifeguard for the years of 1999 through 2003. He was later promoted to pool manager and taught swim lessons at Rockway Park, 9460 SW 27^th Drive. The Sheriff's office fears that Woolf may used his position at the pool to victimize other girls.

The Broward County Parks and Recreation Department never received a complaint about Woolf during his time of employment. Spokeswoman Edith Torres feels that the likelihood of Woolf committing any additional sexual crimes against children would be "highly unlikely" due to the high class volume.

With the popularity of social networking sites on the internet, individuals are able to meet new friends with a click of a mouse. However, there is a certain amount of trust bestowed when you are speaking to someone you do not know. Individuals harmlessly making internet friends may be easily deceived. Too often children can become the victims of predators; and unsuspecting adults the victims of a misunderstanding with an underage person.

If you have been charged with a cyber crime, contact an experienced Miami Criminal Lawyer to defend the charges against you. Mistakes happen, do not let a sexual offense charge follow you for the rest of your life. Contact a knowledgeable Miami Felony Attorney to fight your case. You are innocent until proven guilty in a Court of law.

Posted by Musca Law | Permalink | Email This Post

Posted In: Child Abuse , Sex Crimes

May 30, 2009

A Discussion of Child Abuse

Child abuse can take many forms, each of which is punished severely under the criminal laws of Florida. A caretaker, parent, teacher, or guardian should always look to the best interests of any children in his or her care and refrain from inflicting any kind of harm. Child abuse ranges from the emotional and physical to true neglect of a child's welfare. Sexual abuse is also a significant problem that has received increasing amounts of attention.

Child abuse can include causing undue mental anguish or physical harm. For example, throwing a small child down a staircase would be an example of physical abuse. More commonly, shaking an infant is physical abuse that can cause lifelong brain damage, whiplash injuries, and even death. Although a frustrated caregiver may shake a baby that will not stop crying, the shaking action and resulting brain injuries account for as many as half of all deaths caused by child abuse in the United States each year.

Child neglect occurs when a parent, guardian, or other caregiver does not meet the basic needs of a child. Failure to provide adequate medical care, food, living conditions, and mandatory education can all be considered child neglect. Even if a parent never strikes his child, failing to take the child to the doctor or the emergency room when she is very ill may be considered child neglect.

The sexual abuse of children has received increased media attention and caused significant concern among parents, which is at least partially responsible for the existence of the sex offender and sexual predator registry in the state of Florida. Unfortunately, small children may suffer sexual abuse at the hands of family members, baby-sitters, or even strangers. Teenagers, on the other hand, seem to be more likely to be abused by older adults who are interested in an inappropriate sexual relationship with the teen, including teachers who prey on their teenaged students.