Lewd & Lascivious Battery
Sex crimes with a minor are among the most devastating of all criminal charges. In addition to lengthy prison sentences and registration on the sex offender list, those accused of these types of crimes face the social stigma associated with a sexual offense against a child. This stigma can result in significant non-legal consequences, including restrictions on where you can live and work, difficulty securing employment, the loss of personal relationships, and damage to your reputation in the community.
Many people feel that from the moment they are accused of a crime, they are treated as if they are guilty. We can begin protecting your rights even before charges are filed in court. Law enforcement investigators, members of the news media, and others can impair an accused’s right to a fair trial. The guidance of our attorneys will be invaluable in protecting an accused from false accusations, unfair portrayals in the media, illegal investigation techniques, abuse of a prosecutor’s discretion in charging, unfair trial procedures, or abuse of judicial discretion in sentencing.
There are many ways in which our attorneys can help to mitigate the consequences of allegations of sex crimes. When false allegations are made, it is important to vigorously defend against them and help a jury to see inconsistencies in the alleged victim’s testimony or to point out weaknesses in the prosecutor’s case. Some common defense tactics include impeaching the credibility of the accuser and other prosecution witnesses and presenting evidence that indicates that the offense was committed by someone other than the defendant.
In many cases, the defense focuses less on denying the allegations made, but rather finding ways to keep particularly damaging evidence from being used in court. Typically, this involves determining whether the police violated the defendant’s constitutional rights during the investigation. If they did, it can result in the evidence they gathered being suppressed.
When a prosecutor has strong evidence against a defendant, an effective defense of the case will focus on getting a fair plea offer, rather than risking a lengthy prison sentence after a trial. Under these circumstances, our attorneys know how to solicit a fair plea offer from a prosecutor. For example, many perpetrators of sexual crimes were victimized themselves. This is a mitigating factor which indicates the need for mental health treatment – not a lengthy prison sentence. In other circumstances, we may be able to negotiate a plea offer on lesser charges which do not require mandatory sex offender registration.