South Florida Criminal Attorneys Blog
A man who police say has a record including battery, grand theft of a motor vehicle, burglary, and possession of burglary tools can now add the charge of sexual battery with force on a person over 65 years of age.
Miguel Chavez, 57, has been charged with this latest offense, as well as burglary with assault, battery on a police officer or fire rescue personnel, and resisting arrest with violence.
This latest episode happened on Tuesday, Sept. 24th, in the 1200 block of SW 23rd Street in Miami. According to investigators, the man broke into the woman’s house, climbed on top of her, and began to choke her with one hand while he took off her underwear with the other. He then fondled the victim before running away.
When interviewed, the elderly woman told police she was asleep when a man, wearing only briefs and an undershirt around his face, broke into her home just after 5 a.m. She described her attacker as a Latin male who after getting on top of her, removed the undershirt from his face and began to masturbate as he kissed her. The woman said he then sexually molested her.
Before Chavez’s arrest, last week, police released a sketch that described the man as being bald, standing about 5 feet 8 to 5 feet 10 inches tall and weighing between 230 to 245 pounds. The police also said that they had some DNA evidence that was sent out to the laboratory. He was said to be still wearing the undershirt around his face as he fled the scene. It was not specified whether the analyzed DNA led to his arrest.
Vamshi Rojas, a neighbor of the victim was shocked that the woman was targeted in the first place. “What kind of mentality do you have to break into an elderly woman’s house”, she said.
Miami police Sgt. Freddie Cruz stated “His actions were, I mean, so aggressive, choking her, ripping her clothes off, and fondling her and he also attempted to penetrate her.”
The case against Chavez will be heard by Circuit Court Judge Stacy D. Glick on November 13th.
The laws for Sexual Assault (Sexual Battery in the State of Florida) are found in Title XLVI, Chapter 794 of the Florida Statutes and can be viewed in their entirety by clicking here as displayed on the Florida Senate Website: www.flsenate.gov.
All sex crimes are serious offenses. The consequences of a conviction for sexual assault are extremely punitive and often include lengthy incarceration, a permanent criminal record and having to register as a sexual offender for the rest of one’s life. If you are being investigated for, or if you have been charged with sexual assault, it is very important to contact a criminal lawyer with experience in this field who can properly handle the case making sure that your rights are protected.
Mr. Cohen is a board certified criminal trial lawyer rated AV by Martindale Hubbel (pre-eminent) and a “Super Lawyer” recognized as being in the top 5% of his specialized field (criminal trial law) among Florida lawyers. He is considered a specialist by the Florida Bar in his field. Mr. Cohen has tried scores of cases over his 35 year career and is a member of the Florida and New York Bars. He is also admitted to practice in the United States Court of Appeals for the Eleventh and Second Circuit.