If you have been charged with a sex crime in Merrillville, we understand this can be a very difficult time for you and your family. Being charged with a sex crime is often embarrassing and can cause considerable social tension. If you are convicted of a sex crime, you may face lengthy prison time and have the possibility of registering as a sex offender for the rest of your life.
At The Law Office of Joseph M. Roberts LLC, we have helped many clients overcome allegations of a sex crime and had great success doing so. We take pride in aggressively defending our clients through various methods we have proven effective in preserving their freedom. Call our law firm today to schedule a free, no-obligation, confidential case evaluation with a Merrillville criminal defense attorney.
Types of Sex Crimes in Merrillville, Indiana
Sex crimes are a subcategory of criminal law. Basically, any crime that involves sexual misconduct can be classified as a sex crime. Types of sex Crimes in Indiana include:
- Rape (Indiana Code § 35-42-4-1)
- Child Molestation (Indiana Code § 35-42-4-3)
- Sexual misconduct with a Minor (Indiana Code § 35-42-4-9)
- Sexual Battery (Indiana Code § 35-42-4-8)
- Prostitution (Indiana Code § 35-45-4-2)
- Solicitation (Indiana Code § 35-45-4-3)
- Public Indecency (Indiana Code § 35-45-4-1)
If you have been charged or accused of a sex crime, it is extremely important that you speak with an experienced Merrillville sex crimes defense attorney immediately. The penalties for a sex crime conviction can be incredibly harsh and could potentially mean a long prison sentence.
Penalties for Sex Crimes in Indiana
Most sex crimes in Indiana are classified as felony offenses. However, some sex crimes, such as public indecency, sexual battery, and prostitution, can be classified as Class A misdemeanors when they are first offenses and lack any aggravating factors. The potential penalties for a Class A misdemeanor include up to a year in jail and fines of up to $5000.
The Penalties one faces if convicted of a felony sex crime in Indiana can be broken as follows:
- A Level 1 felony: 20 to 40 years in prison (e.g., aggravated child molestation)
- A Level 2 felony: 10 to 30 years (e.g., rape with aggravating factors)
- Level 5 or 6 felonies: 1 to 6 years in prison, with fines up to $10,000.
Sex Offender Registration
After being convicted of a sex crime, you may be required to register as a sex offender in the Sex and Violent Offender Registry for the rest of your life. This means that you will have to register with local law enforcement after being released from prison or completing the terms of your sentence.
Furthermore, you will then have to re-register every year and whenever you change your residence or name. Failure to register can result in additional serious criminal charges.
Moreover, as a sex offender, your name, address, and the offense for which you were convicted will all be available for the public to view on the internet and elsewhere. Imagine what that can do to your employment and housing opportunities and to your reputation.
Challenging Sex Crime Allegations in Merrillville
If you have been accused of a sex crime, you may be facing serious consequences, including jail time, fines, and lifetime registration as a sex offender. A conviction can impact your future, your reputation, and your ability to secure employment or housing. Challenging the charges against you requires a strong legal defense, strategic evidence review, and an understanding of how the prosecution builds its case.
Possible Defense Strategies
Fighting sex crime allegations requires a thorough defense based on the facts of your case. We may challenge the credibility of the accuser, dispute the evidence, or argue that no crime occurred. Some of the most common types of defense strategies used to defend against sex crime accusations include:
- False Accusations – Some sex crime allegations are based on false statements from the accuser. Proving that the accusation lacks credibility may involve witness statements, prior false allegations, or inconsistencies in the accuser’s story.
- Lack of Evidence – The prosecution must prove guilt beyond a reasonable doubt. If physical evidence, DNA, or witness testimony does not support the claims, the case may not be strong enough for a conviction. Cross-examining witnesses and challenging forensic evidence can expose weaknesses in the prosecution’s argument.
- Consent – In some cases, the accuser may claim that a sexual encounter was non-consensual when both parties actually agreed. Evidence such as text messages, social media conversations, or witness testimony may support the claim that consent was given. If the prosecution cannot prove a lack of consent, the charges may be dropped or reduced.
- Violation of Constitutional Rights – If law enforcement violated your rights, some or all evidence against you may be inadmissible. Illegal searches, coerced confessions, or failure to read your Miranda Rights can weaken the prosecution’s case. A violation of your civil rights could have your charges reduced or thrown out entirely.
Plea Bargains in Sex Crime Cases
Plea bargains may be available in some sex crime cases, but prosecutors are often reluctant to offer reduced charges in these cases. Because sex crimes carry serious legal and social consequences, prosecutors may push for the maximum penalty rather than negotiate a lesser charge. However, if the evidence is weak or there are concerns about witness credibility, a plea deal may be an option.
When a plea bargain is offered, it typically involves pleading guilty to a lesser offense in exchange for a reduced sentence. For example, a felony charge may be lowered to a misdemeanor, or a prison sentence may be replaced with probation. Accepting a plea deal can allow you to avoid the risks of trial, but it also means accepting a conviction that may carry long-term consequences.
In some cases, prosecutors refuse to offer plea deals due to mandatory sentencing laws or public pressure to secure a conviction. Sex crime cases involving minors, force, or multiple victims are unlikely to result in a reduced charge. Even if a plea deal is available, you should consider whether it is truly in your best interest before accepting it.
You Are Unlikely to Qualify for Pretrial Diversion
Pretrial diversion programs allow some defendants to avoid a conviction by completing specific requirements, such as counseling or community service. However, Indiana law does not generally allow pretrial diversion for sex crimes under Indiana Code § 33-39-1-8. These programs are typically reserved for non-violent offenses, and prosecutors rarely agree to diversion in cases involving allegations of sexual misconduct.
How a Merrillville Sex Crimes Lawyer Can Help
Many people who have been accused of a sex crime have no idea what they are facing. However, our constitution provides that in order to convict you of a crime, the government must prove its case against you beyond any reasonable doubt. It is your attorney’s job to create that doubt, factually and legally.
There are many things that an experienced defense attorney can do to prevent these crimes from going forward. Common defense strategies that may be available in your case include:
- Consent: The alleged crime was a consensual act between adults.
- False Allegations: The accuser or their allegations lack credibility.
- Mistaken Identity: You were not present to commit the offer, or you are being mistaken for someone else.
Getting a skilled Merrillville sex crimes attorney involved in your case early will allow them to do more in terms of challenging the prosecution’s evidence, countering aggressive law enforcement tactics, and ensuring your rights are protected throughout the criminal process.
Contact The Law Office of Joseph M. Roberts LLC for a Sex Crimes Lawyer in Merrillville
If you have been accused of a sex crime in Merrillville, Indiana, make sure your first call is to The Law Office of Joseph M. Roberts LLC. We have spent years defending people accused of complex crimes, from inappropriate touching to felony sexual assault.
What you do immediately after being accused of a sex crime can mean the difference between freedom and incarceration. Make the right choice. Contact The Law Office of Joseph M. Roberts for a free and confidential consultation with an experienced Merrillville sex crimes attorney.