Complicated issues in Virginia sex crimes and the accompanying humiliation have increased the demand for publication of accurate information about Virginia sex crimes. If you are an innocent victim of a fabricated sex charge in Virginia, you must be going through hell and require information from an attorney. In this stressful situation, the sole purpose of visiting this website is to know the consequences of your charge. You may also be an internet browser who has been involved in any act that is punishable as a sex crime and your desperate search for attorneys who can save you from the penalties must have brought you here. Search for quality attorneys dealing with sex crimes can lead anyone here. We, the attorneys at the Law offices of SRIS P.C are here to assist you with all your troubles concerning sex crimes in Virginia. We bring to you accurate information about sex crimes in Virginia. As you read on you will be enlightened about serious consequences of Virginia sex crimes.
You will be taken aback to know from a criminal attorney that sex crimes in Virginia do not end with rape or forcible sodomy. Though crimes like rape are serious adult sex crimes, Virginia law makes other acts punishable. These crimes will compel sex offender registration and one will be severely penalized under the Virginia sex law. The complex issues in Virginia crimes require one to hire an attorney after being charged with a sex crime. A lay man cannot possibly understand the complicated issues of Virginia crimes as effortlessly as attorneys so expert guidance from attorneys dealing with sex crime cases on a daily basis is most needed.
Rape – How serious can the consequences be without an attorney?
You would be surprised to be informed by a crime defense attorney in Virginia that occurrence of sexual intercourse is the primary question that decides whether the sex crime case should be charged as rape or under any other simple sex crime.
Sex crimes attorneys you consult will inform you that the commonwealth attorney is under tremendous pressure to show the following elements are present under Virginia Code § 18.2-61:
- Accused person has intercourse with a victim or
- Acts in such a manner as to cause the accused person to engage in sexual intercourse with any other person
- Accused compels the victim to engage in intercourse against the will
- Accused used force, threat or intimation to commit the said act
- Accused used the victim’s mental or physical incapacity to commit these acts
- Victim in some cases can be a child less than 13 years of age
Forcible Sodomy – Is it a serious sex charge in Virginia without attorney representation?
Forcible sodomy, the name of the crime may be complex for someone understanding Virginia sex crimes for the first time from a Virginia sex crime attorney. Forcible sodomy is another sex crime, it is similar to rape and is defined in § 18.2-67.1. On engaging in cunnilingus, fellatio, anilingus, or anal intercourse with a victim, without representation by an attorney, the accused will be charged with forcible sodomy. If one indulges in acts that are considered as forcible sodomy in Virginia, he/she should be mentally prepared for a five year imprisonment without representation by a sex crime attorney.
Object Sexual Penetration – Can punishment be reduced by attorney appearance?
Object sexual penetration is considered a serious crime in Virginia. Only an experienced Virginia sex crime lawyer can tell you that to prove this crime, the commonwealth attorney has the burden of proving that the accused penetrated the female sexual organ or anus with an object against the will. Experienced attorneys find grounds to prevent admissibility of evidence about victim being forced, threatened and intimidated. Most sex offenders in Virginia are unaware and have to be warned by sex crime attorneys that object sexual penetration can lead to imprisonment of five years or life imprisonment. Attorneys you finalize for your representation will ensure that you do not face severe consequences such as twenty five years imprisonment. If the victim was not more than 13 years and the accused was three years older than the victim, 25 years is imposed. Life term imprisonment is imposed if one refuses to take guidance from sex crime attorney and he was 18 years at the time of the crime in Virginia.
Is solicitation punishable in Virginia and can attorneys guarantee acquittal?
Virginia law dealing with sex crimes includes solicitation in the list of punishable crimes. You may be keen to know what acts fall under the crime of solicitation in Virginia from an attorney. Any Virginia sex crime attorney would inform you that they are:
- Offender is above the age of 18
- He solicited a child less than 15 years of age
- With knowledge and intent to solicit
- With sexual intent
- By making use of a communication system.
If all above acts are committed, one is punishable under Virginia laws for solicitation of minor.
When does Virginia Law punish one for indecent exposure?
You as an ordinary layman in Virginia may not know that indecent exposure is punishable in Virginia and need information from an attorney. Qualified attorneys will inform you that under Virginia Code 18.2-387, any one committing the following is guilty of indecent exposure in Virginia:
- One exposes oneself in an obscene manner or
- One exposes private parts or
- One induces another to expose obscenely and
- Such obscene exposure occurs in public or
- Such obscenity is displayed in a crowded place
Anyone who commits the above mentioned acts in Virginia will be punished with Class 1 misdemeanor. People are not aware that indecent exposure makes any kind of obscene exposure punishable but one cannot be charged for indecent exposure for breastfeeding. Virginia law clearly exempts a feeding mother from being imposed with the charge of indecent exposure. This is a blessing for nursing mothers who are often confused about the law and hesitant to nurse the babies in public places.
Sexual battery – What the Commonwealth attorney should prove?
For sexual battery charges, the following elements has to be proved beyond doubt:
- Abuse occurred
- Against the will of the other person
- Abuse occurred by use of force, threat, intimidation and ruse
When does the law treat sexual battery as aggravated sexual battery?
As the word by itself suggests, the aggravated form of sexual battery is considered as aggravated sexual battery.
To prove the grave nature of the crime, following should be established
- Serious bodily or mental injury
- Threat to use a dangerous weapon
Any accused who causes injury to a victim or threatens to use a dangerous weapon will be between one to twenty years in a correctional facility and will also have to pay a fine of not more than $100,000
Infected sexual battery is punishable under Virginia Law
Most offenders are in the dark about infected sexual battery. Knowing transmitting a sexual infection like HIV through sexual intercourse or anal intercourse is a serious crime in Virginia and is a Class 6 felony. The burden of proof lies on the commonwealth attorney to establish that the accused failed to disclose anything about the infection with the intention to transmit the infection. If an accused had no intention to transmit, infected sexual battery is class 1 misdemeanor.
How children are victims to sex offenders in Virginia
The law punishes severe punishments on any one commit any sexual act on children. Children are most vulnerable to these crimes and the effect it has on them can be life altering. Active children would suddenly turn silent and turn in to quite people. Significant alteration can be witnessed in the child’s personalities. In situations like this, worried parents enquire the child and the child discloses the incident that has transformed her behavior. During such disclosures, the accused will immediately be interrogated and charged for child abuse. Immediate advise from a professionally qualified attorney will prevent you from providing self-incriminating statements during interrogation.
Taking Indecent Liberties with a Child is sex crime in Virginia.
Being charged with taking indecent liberties with a child can be an embarrassing experience. Taking help from an attorney is crucial as the charge deteriorates your reputation in the society and you can no longer face even the closest of family. The impact an indecent liberties charge can cause to the reputation of a person creates a desperate need for obtaining an acquittal on being represented by an attorney. If the commonwealth attorney is unable to prove that the accused exposed his/her private parts to the child or that he/she proposed the child to do any of the prohibited acts, then obtaining an acquittal is easy for the attorney.
Any defense attorney will explain that an accused in Virginia is held to have taken indecent liberties with child if
- Accused has proposed to child to expose private parts
- Accused has proposed to fondle child’s private parts
- Accused asked child to fondle his private parts
- Accused enticed child to enter a car or any other building to do any of the above mentioned act
Attorneys know that for a decent man being charged with indecent liberties with child can be extremely scary in Virginia. Any sex crime attorney in Virginia will inform you that conviction for indecent liberties can end with 10 year imprisonment and exorbitant fines and fine amount is higher if the accused is a relative of the child. The sex crime attorney will clarify that relative include parent, grandparent or step parent.
If you are someone holding a supervisory position handling children in Virginia, sex crime attorney will warn that you need to be careful with your behavior. Children may misunderstand your genuine acts and may go around telling tales about you. It can be terribly worrisome if you have been wrongly charged for taking indecent liberties with a child in Virginia. The sex crime attorney’s narration that there have been incidents in the past where persons in supervisory position have been falsely charged and were later acquitted can sound strange to you. Though the punishment is severe and may be five years imprisonment or $2500 as fine, you do not have to worry. Remember that the commonwealth attorney has to prove that you should have conducted yourself indecently with the child. For false charges based on child’s false statements, contradictory facts will definitely rise up during trial. With the assistance of a competent Virginia sex crimes attorney who routinely represents for matters like yours, you may win the case and go back to your supervisory position with your head held high.
What are the crimes involving child pornography?
The Virginia sex law provides a definition for child pornography. Any act that comes under this definition is punishable in Virginia. Any pornographic material showing children is child pornography. It may be for possession, distribution or production of child porn. The foundation of a child pornographic charge is that the material involved should be of children, that is actual children. For possession, one should actually know about the presence of the images in the computer. Accused will have an advantage in cases where the computer is used by more than one user and a strong defense can be built by defense attorneys equipped with rich experience in winning similar cases in Virginia. This sex crime case becomes difficult and at times impossible for the commonwealth attorney to prove. However, one cannot take a child pornography charge lightly and should immediately seek help from attorneys. In any crime involving children the punishments are pretty serious and can be life altering. For crimes relating to child pornography, Virginia sex crimes laws impose any imprisonment from 5 years to 15 years of mandatory minimum imprisonment.
All that you have been wanting to ask about sex offender registration – From experienced sex crime Virginia attorneys
Worried parents as well as offenders whose records have been unfortunately included in the registry are not aware about the purpose of maintaining this registration.
It would be news to them to know that the concept of sex offender registration has been debated for several years. Sex offender registration has often been argued as affecting the privacy rights of the defendants. However, considering the needs demonstrated by increase in crimes involving children, the need for a sex offender registry has remained constant. Maintenance of this registration has been a big relief for worried parents in Virginia. The registry is thus a comprehensive record that displays records of persons convicted for crimes against minors. Registration ensures prevention of crimes by repeat offenders.
Can a sex offender skip registration in Virginia?
No, one cannot skip registering from the sex offender register in Virginia. Such an act of deliberately skipping to register is a Class 1 misdemeanor. Thus, evading the registration process for the first time can penalize you with twelve months in jail and/or a fine of up to $2,500. If one dares to escape the registration for a second time, the failure to register is treated as a Class 6 felony and the offender will be subjected to serious punishment of 5 years imprisonment.
Violent sex offenders in Virginia are not subject to the same treatment as simple offenders. Violent offenders are severely monitored and they are required to immediately comply with registration requirements. These offenders should register their whereabouts. If they relocate their homes, immediate information should be passed to the authorities and updated in the register. For offenders who provide false information in the registry, accused is charged with Class 6 felony. If the same act is repeated Class 5 felony is charged.
Can one’s record be removed from the Sex Offender Registry in Virginia with attorney assistance?
Presence of one’s sex crime record in the registry creates social discomfort to anyone and attorneys advise is required. Offenders previously convicted for sex crimes in Virginia are determined to remove their records from the sex registry as they are concerned about the impact it has on their social lives. An experienced defense attorney can assist you in this complicated process of removing your name from the sex registry.
A sex crime Virginia attorney will advise that the sex offender can file a petition to remove all his details from the sex offender registry, by submitting certified copy of the sex crime records. This can be done with the help of an experienced Virginia sex crime attorney who can assist you in finding ways to properly channelize it.
Sex Crimes Virginia Attorneys who routinely deal with removal of name from the sex registry can determine your eligibility based on your charge.
For removal of name from the sex offender record, attorneys will focus on persuading the court that you are no longer a harm to the public and that the past offense was an isolated incident.
Of course, the crucial factor is the sex crimes attorney in VA you choose and the manner in which he forcefully puts forth his arguments.
We are your Virginia sex crimes attorneys in Fairfax County, VA, attorneys in Fairfax City, VA, attorneys in Loudoun County, VA, attorneys in Leesburg, VA, and attorneys in Henrico, VA. C