Being accused of sex crimes can have a devastating effect on a person’s life, leading not only to the risk of jail or prison, but also the significant public stigma. The possibility of lifetime mandatory registration as a sex offender can extend punishment long after a person has paid their debt to society. Defending against a sex crime case requires the help of a skilled and experienced sex crimes defense attorney.
If you are convicted of the crime of sexual assault, you will be punished in accordance with the law. The judge of your case will determine your punishment. Possible penalties depend on whether your conviction was for a misdemeanor or felony crime.
In a conviction of misdemeanor sexual assault or battery, you may be punished with imprisonment of up to six months in county jail, a fine with a maximum of $2,000, or both. The monetary fine can increase to a maximum of $3,000 if you employ the victim. In a conviction of felony sexual assault or battery, a range of punishments are possible, including imprisonment for up to four years and a fine with a maximum of $10,000.
Alleged sex crimes frequently rely on witness statements, including the defendant’s own statements to police or others. DNA evidence may be a mainstay on television police shows, but it is not a factor in a large number of real cases. A person might have the seemingly reasonable instinct to try to clear their name by talking to the police, child protective services investigators, or other officials. But this can hurt a defendant far more than it is likely to help, as law enforcement can twist words to fit the case they want to make.
Lie detector test is rarely admissible at trial, but it is still a common tool used by law enforcement to establish probable cause for a search warrant or arrest. Police polygraphs often serve as a way of eliciting incriminating statements instead of truthful statements. A private polygraph examiner, retained with the assistance of a defense attorney, is far more likely to conduct a fair examination, and produce results that might convince law enforcement to look elsewhere.
Defense lawyer may seek to discredit the alleged victim, your accuser, by uncovering situations that may obstruct the truth and therefore the course of justice.
For instance, your accuser may be telling part or none of the truth in order to hide his or her own consent. Or, if you and your accuser know each other, your accuser may be seeking revenge against you for something that is unrelated to the alleged crime. Perhaps your case is not the first time the accuser has made similar claims against others that were eventually found unsubstantiated. A more extreme situation is that your accuser is being coerced or influenced by a third party in order to make this accusation against you.
An experienced defense lawyer can help you decide whether to plead innocent. Pleading innocent may involve proving that you did nothing to warrant the allegations, admitting that you engaged in some inappropriate behavior, but that it doesn’t meet the definitions of the crime you are charged with, or another situation. Pleading innocent can be difficult unless you are able to indicate reasons why the alleged victim may seek such allegations against you.
If you believe you will be accused of sexual assault or there are already accusations against you, consult with legal professionals who specialize in the sexual assault defense. Find the lawyer who is best suited for your case and share your details as openly and truthfully as possible. Only then, with full knowledge of your case, can your lawyer defend you as best as possible.
