Sex Crimes Defense Attorney

Sensitive Nature of Sex Crimes

If accused of a sex crime, people judge you almost immediately. In fact, few crimes are as emotionally charged as rape or sex crimes with minors. While the law says you are “innocent until proven guilty,” most will assume and believe the worst. Even some of your friends and family may have doubts and wonder “if you did this”. And the more you deny or defend, the more you look like you’re trying to hide something. After all, that’s just the way folks think. And people love to gossip. You know how they are. So what can you do to try to clear your name?

First, do what you’re doing here and then hire a criminal defense lawyer as soon as possible. Why? Because time is short to get as much evidence and facts as possible before they go away. While memories can fade or become confused, physical evidence can make or break a case. However, such proof may not be available for very long. In addition, we need to interview witnesses and gather any other proof that helps your case. Especially in sex crimes cases, sometimes it’s the little things can set you free. And that’s where experience and hard work can pay off for you. To learn more about our criminal defense team, click here. So call now and let’s start your defense. 803.554.4157 mobile or email  

Sexual Battery (rape)

While most folks know the term “rape,” sex without consent is a “sexual battery” or “criminal sexual conduct”. In addition, there are three different degrees of charges. For example, a “first degree” charge (the most serious) involves “aggravated force,” kidnapping, or drugging someone. By comparison, “second degree” involves “aggravated coercion (threat),” and “third degree” involves “coercion” or taking advantage of a vulnerable adult. And a conviction means a felony record, sex offender registration, and prison time from up to 10 all the way to 30 years. So how do we defend these cases? In many situations, it comes down to “he said, she said”. Consequently, we look at all circumstances to see if this is really rape or really something else. Because so much is on the line, we have to look at everything and rule out nothing.

Sex Crimes Involving Minors

While sex crimes between adults is serious, arrests involving children are even worse. Because most folks (especially juries) cringe at just the charge, many lawyers will not handle these cases. Consequently, you have fewer choices but must still feel confident that your lawyer will actually fight for you. After all, a conviction will effectively ruin your life. Good luck trying to get a job or a place to live. And once neighbors find out you are a “pedophile,” you will not be welcome and could even be in danger. As with adult sex crimes, there are three different degrees depending on the victim’s age and other factors. And prison sentences range from up to 10 years to life behind bars. So how do we defend these cases? Here, physical evidence and details are critical. In addition, we see if our client has an alibi and look for other possible suspects.

Sexual Exploitation of a Minor

While there are three different levels, exploitation charges involve child pornography cases. Here, simply possessing child pornography in any form is enough (third degree). However, if you record or share pornographic images or videos, you face a second degree charge. And finally, if you coerce or use any force in making child pornography, you face first degree charges. In addition, making a mistake about the age is not a legal defense. For possessing child pornography, the judge can put you in prison for up to ten years. But if no prior record and the content amount is relatively low, we may be able to negotiate probation. Hopefully, we may also avoid sex offender registration as well. If charged with second or first degree, minimum prison time is 2 to 10 years, and 3 to 20 years.

Solicitation of a Minor

Because of the internet, it is much easier now to “meet” people online. However, once you learn someone is underage (below 18), any further contact about sex becomes a felony. In addition, sending pornographic pictures, lewd selfies, or erotic stories can get you in real trouble. Even if just “role playing” or “tricked” by an undercover officer, you can face up to 10 years. So how do we defend these sex crimes cases? First we look at who has access to your computer or IP address. Next, we determine if you have an alibi or could not have been on a computer when alleged. And finally, consent is a defense if the victim is 16 years old at the time. But consent does not matter if caught up in an undercover sting. Details matter and can show you’re innocent of these charges.

Criminal Sexual Conduct with a Minor

While exploitation involves child pornography, sexual conduct is touching or having sexual activity with a minor. Depending on the victim’s age and type of contact, there are three degrees of sex crimes charges involving minors. For example, you face up to 15 years in prison for a lewd act on (fondling) a victim 14-16 years old (third degree). However, you face up to 20 years if the victim is between the age of 11-14. Or below 16 years old if you are the parent or guardian. If you have a prior conviction or are on the sex registry, you face 10-30 years if the victim is under 16 (second degree). And the most serious, CSC with a child less than 11 years old or under 16 with a prior record. If convicted, you face a mandatory 25 years up to life in prison, no parole (first degree).