A sex crime allegation is among the most frightening experiences imaginable. Even if you are never charged, your reputation can be ruined forever. However, a good Crown Point criminal defense lawyer can help you fight the charges, preserve your freedom, and clear your name.
At The Law Office of Joseph M. Roberts LLC, we have significant experience defending clients facing sex crime allegations. We understand how profoundly sex crimes charges can affect our clients’ lives and work hard to minimize the damage they cause.
If you or a loved one is currently under investigation or has been charged with a sex crime in Crown Point, Indiana contact us today to find out how we can help. We offer a free, no-obligation consultation to review your case and explain how we can help.
How The Law Office of Joseph M. Roberts LLC Can Help
If you have been charged with a sex crime, a sex crime lawyer can help you prove your innocence or negotiate a reduction in the charges. A lawyer can also give you peace of mind as you fight to clear your name, knowing you have a seasoned professional working to protect your rights.
Here are some other ways a skilled Crown Point sex crimes defense lawyer can help:
Understanding the Charges
A sex crimes lawyer understands the different types of sex crimes and the possible punishments. Your lawyer will ensure you understand the situation and work to prepare an appropriate defense strategy.
Defending You in Court
Your sex crimes attorney will advocate for you from beginning to end and will keep you updated on the progress of your case. They will also teach you how to present yourself on the stand, should you be called to testify at trial. Furthermore, they will know how to get the jury to like you. In fact, during jury selection, they will do their best to find jurors who will be favorable toward you.
Understanding Sex Crimes in Indiana
Sex crimes in Indiana are governed under Indiana Code Title 35, Article 42, Chapter 4, and include crimes such as:
- Rape
- Child molesting
- Possession of child pornography; and
- Sexual battery
The penalties for sex crimes vary depending on the circumstances involved and the presence of certain “aggravating” factors, such as the use of violence, weapons, or the threat of force, and the victim’s age.
Crimes like fondling or sexual touching are charged as Level 6 Felony offenses, with potential penalties including six months to 2.5 years in a county jail, and a fine of up to $10,000.
On the other hand, a crime like rape involving the use of deadly force or resulting in serious bodily injury qualifies as a Level 1 Felony, the most severe felony offense in Indiana, carrying potential penalties of 20 – 40 years in prison, and a fine of up to $10,000.
Mandatory Sex Offender Registration
In addition to the fines and jail time, a sex crime conviction may require you to register as a sex offender for a minimum of ten years after your release. For the most serious sex offenses, such as aggravated rape, you may be required to register as a sex offender in Indiana’s Sex and Violent Offender Registry for the rest of your life.
You Must Do Everything Possible to Defend Yourself
A sex crime accusation can lead to devastating consequences, including time in jail or prison, exorbitant fines, and the requirement that you register as a sex offender. You cannot afford to assume that the truth alone will protect you from conviction. Prosecutors aggressively pursue these cases, which means building a strong defense is critical to protecting your future.
Consent
Consent is a common defense in sex crime cases, but proving it can be challenging. Under Indiana Code § 35-42-4-9, consent means a voluntary agreement to engage in sexual activity. If both parties willingly participated, and no force, coercion, or impairment was involved, consent may be a valid defense against the charges.
Prosecutors may argue that the accuser was incapable of consenting due to intoxication, age, or mental incapacity. In Indiana, individuals under the age of 16 cannot legally consent to sexual activity, regardless of willingness. If the prosecution can prove that the accuser was unable to consent, the defense of consent may not be successful.
Mistaken Identity
Some sex crime cases involve misidentification of the suspect, leading to wrongful arrests and prosecutions. Eyewitness testimony can be unreliable, especially in high-stress situations where memory can be influenced by fear or other external factors. DNA evidence, surveillance footage, and alibi witnesses can help prove that you were not the person responsible for the alleged crime.
False Accusations
False accusations of sex crimes can happen for many reasons, including personal vendettas, custody battles, or attempts to gain leverage in a legal dispute. An accuser may fabricate a claim out of revenge, anger, or a misunderstanding of the events that occurred. These cases require thorough investigation to uncover inconsistencies in the accuser’s statements and motives.
In some cases, law enforcement and prosecutors may proceed with charges even when they do not have a strong case against you. Once an accusation is made, the pressure to convict can lead to aggressive prosecution, even if the case lacks credibility. Witness testimony, prior false accusations, and contradictory statements may help expose the truth.
A powerful defense often involves analyzing the accuser’s history, motivations, and any external factors that may have influenced the allegations. Text messages, phone records, and other digital evidence can sometimes contradict an accuser’s claims. If inconsistencies or ulterior motives exist, they must be presented effectively to challenge the prosecutor’s case against you.
Having an Alibi
If you were somewhere else when the alleged crime occurred, proving your alibi can be one of the strongest defenses available. Surveillance footage, credit card transactions, or witness testimony can confirm that you were not at the scene of the alleged offense. The more verifiable evidence you have to support your alibi, the harder it becomes for prosecutors to prove guilt beyond a reasonable doubt.
Ways to Avoid Bringing Your Case to Trial
Prosecutors aggressively pursue sex crime cases, but trials can be unpredictable and risky for both sides. Resolving your case before trial may reduce your exposure to severe penalties and help you avoid the worst consequences of a conviction. One or more of the following legal strategies may give you the opportunity to resolve the case without stepping into a courtroom:
- Lack of evidence
- Witness credibility issues
- Prosecutorial discretion
- Plea bargain for a lesser charge
- Pretrial motion to suppress key evidence
- Dismissal due to constitutional violations
Contact a Sex Crimes Defense Lawyer in Crown Point
If you have been charged with a sex crime in Crown Point, the consequences can be severe. But with the right lawyer by your side, you can preserve your freedom and clear your name.
Contact The Law Office of Joseph M. Roberts LLC to consult with a skilled Crown Point sex crimes lawyer. The sooner you get us involved, the better the chances for a favorable outcome to your case.