THE TECHNIQUES OF HANDLING THE STIGMA ASSOCIATED WITH A SEX CHARGE IN VA
Sex assault crimes are a sensitive issue. People, including law enforcement and prosecutors, will be looking for someone to be immediately punished for the crime. This often results in a rush of judgment and errors in prosecuting the sexual assault case. If you are so charged, an experienced Virginia lawyer will guide you through this process and will provide the ardent support that is needed to protect you and your reputation from damage.
Virginia law defines sexual assault as the sexual abuse of an individual by the use of force, threat, or intimidation. Sexual assault in Virginia is a wide term that encompasses any sexual activity that occurs without the other individual’s consent. Sexual assault charges in Virginia can result in a life-long black mark on your public record. If you are charged with sexual assault; do step into The Law Offices Of SRIS, P.C where our aggressive Virginia defense lawyer will successfully defend your allegations.
To know more about your sexual assault conviction contact a qualified Virginia lawyer to get a clear picture of all your options and the steps needed to be relieved from the sexual assault case. A professional lawyer makes a comprehensive analysis of the sexual assault charge and will ensure that you obtain a favorable order.
What Are The Different Forms?
While sexual assault can be a result of any aggressive abuse in Virginia, it includes unwanted touching or sexual behavior using force, manipulation, coercion, or threat. Sexual activities with a child or with someone who is physically or mentally incapable can also result in sexual abuse or assault. Sexual assault is an immeasurably serious act of criminal offense that results in very detrimental legal consequences in Virginia. If you are facing sexual assault charges in Virginia, it is advisable to retain an experienced lawyer who can help you through the process of defending yourself at all stages of the sexual assault criminal proceedings in Virginia.
Rape : Rape is an act of indulging in sexual intercourse with an individual without his or her consent. Rape is a felony in Virginia. A rape charge typically carries a potential sentence of five years to life in prison, say Virginia lawyers. A sex offender needs to hire an expert Virginia defense lawyer to prevent being imposed with a rigorous penalty. Only with the assistance of a skilled lawyer, a sex assault case can be dismissed or the consequences can be reduced.
Sexual battery or aggravated sexual battery : Sexual battery refers to abuse in which force, threats, or intimidation is used. Sexual battery is a class 1 misdemeanor in Virginia. Sexual battery can be punished by up to 12 months in prison and/or a fine up to $2,500, say Virginia lawyers. Misdemeanors in Virginia contain a maximum jail sentence of one year. Aggravated sexual battery is a Class 6 felony in Virginia. It is punishable by imprisonment between 1 and 20 years in prison and a fine not exceeding $100,000.A sex offender needs to hire a skilled lawyer to avoid severe consequences A Sex offender must take the service of a proficient Virginia defense lawyer to avoid severe consequences.
Indecent liberties : Taking indecent liberties refers to engaging in prohibited sexual activities by soliciting minors for sexual behavior or exposing minors to erotic behavior. A sexual assault charge of indecent liberties is a felony charge in Virginia. Our Skilled Virginia lawyers will confidentially handle your sexual assault case ensuring that you are given the best service possible.
Object sexual penetration : Object sexual penetration occurs when the accused penetrates the alleged victim with an object or causes such penetration to occur. Object sexual penetration is a felony in Virginia. Our accomplished Virginia lawyer will explain your rights and will ascertain whether your rights have been violated during the investigation. If you are facing a sex assault case do confer with a skilled lawyer who will work tirelessly to reward you with a favorable order.
Impact Of Sex Crimes
Sexual assault crimes are very sensitive. While the Virginia law says an individual is innocent until proven guilty, the stigma surrounding sex assault crimes is such that once an individual is accused of the act, they are assumed guilty by the public. Then it can be a tough fight for the defendant to prove his/her innocence. If you are facing a sex assault case, contact an experienced Virginia lawyer who will professionally brief you about the sex assault case. Also, the sexual assault lawyer will handle all the necessary communication with the prosecution as well as the court. The major issue an individual is dealing with when facing a sex assault crime is the lack of presumption of innocence. Once you have been charged for a sex assault in Virginia, it is essential to obtain a competent sex assault lawyer, right after you are arrested as it improves your chances of winning a positive outcome.
What Should You Do When Accused Of Sex Crime?
Being charged with a sex assault crime can be devastating to you, your family, and your reputation. Therefore, it is important to choose a skilled lawyer who possesses the legal knowledge, experience, and commitment required for dealing with a sex assault case in Virginia.
Without a lawyer’s advice, you actually might be doing more harm than good to yourself. Confer with an experienced Virginia lawyer to deal with these allegations. One thing that you should not do under any circumstance is to agree to speak to enforcement officers without the presence of a trustworthy lawyer. Only with the help of a proficient lawyer, a sex assault case can move forward to a possible outcome.
The Possible Penalties For A Sex Crime
There are many types of sexual assault charges in Virginia that can range from Class 4 Misdemeanor to undefined felonies, say VA lawyers. In addition to likely jail or prison time, individuals may have to pay large fines of thousands of dollars. When proceeding with a defense against the stringent laws of Virginia obtain the assistance of a proficient lawyer. A well-versed lawyer will develop a smart legal strategy and will leverage aggressive tactics to defend your sexual assault charge in Virginia court. Remember, a good strategy in constructing a potential defense could imply a favorable outcome.
A Class 4 misdemeanor is going to carry a fine up to $250 and will not include jail time. A Class 4 felony will result in a fine of up to $100,000 and 2 to 10 years in prison. . A well-established Virginia sex assault defense lawyer can help in reducing the consequences of the sexual assault charge.
If someone receives a Class 1 felony, they may face not only the $100,000 fine but also life imprisonment. The importance of consulting with an experienced lawyer in this kind of case is due to the risk of exposure and the severity of penalties involved. Immediately get in touch with a Virginia lawyer to precede the sexual assault case in a positive direction.
Additionally, if a person is convicted of a sex crime in Virginia, he or she may be required to register as a sex offender. To limit the damage done by the arrest, to clear your accusations, and to preserve your liberty, you need a capable defense lawyer. To know more about the sex offender registry contact a highly qualified lawyer who will guide and let know the consequences of a sex crime.
The Factors Influencing The Possible Penalties
The likely sentence depends on several factors, including the seriousness of the offense, whether it was a repeated offense, the defendant’s criminal history, and other factors like the age or disability of the victim. Virginia law calls for a mandatory sentence of at least five years for a conviction of rape for a person under 13 years of age. If the defendant is 18 years or older and the victim is under 13 years old, a mandatory minimum life sentence may be imposed. To have a clear picture of Virginia laws governing sexual assault contact a highly qualified lawyer.
Certain sex assault crimes of Virginia carry grave penalties for the offense if the victim is a minor. This can enhance the penalties to include a mandatory minimum of 25 years to a mandatory minimum of life. A professional lawyer could provide expert help where the accused has been arrested for sex assault in Virginia. Seeking help from a lawyer at the earliest is essential. The role of the lawyer extends to being the bridge of communication between you and the prosecution in Virginia.
The Other Consequences When accused Of A Sex Crime
The negative impact that comes with being charged with a sexual assault is that it can cause many problems in the individual’s life before any conviction of a sex crime. It can affect the job a person has, their future job opportunities, housing, place constraints on their freedom, and can cause many other issues to the person’s family life.
Our professional lawyer knows how sensitive sexual charges are. Do talk to us to represent you in your sexual assault case vigorously and without judgment, always maintaining the highest degree of confidentiality.
How Can A Lawyer Help You?
A skilled Virginia lawyer plays a very crucial role in the outcome of the sexual assault case. If you are facing a sexual assault charge, do contact a well versed Virginia defense lawyer. The expert lawyer will investigate the sexual assault case, study the statements of the witnesses, particularly the victim, and try to decide as to the credibility of the victim. The prime role of a Virginia defense lawyer is to try and establish how to challenge and cross-examine the witnesses or the victim. The lawyer will also inspect for ways to suppress any evidence against the client.
Legal documentation and filing are so stressful; do contact a competent lawyer who will be of immense support, in filling the documentation and filling. The crucial role of the Virginia defense lawyer is to negotiate with the prosecutors if possible, for reducing the charge.
The Technical Defenses- Proving Sexual Assault
Charges must be filed within the statute of limitations period for sexual assault claims. In Virginia, depending on the circumstances of the sex assault crime, the statutes of limitations can differ. A proficient Virginia defense lawyer will explain the laws and options of the sexual assault case.
In Virginia, the statute of limitations to initiate action for sexual assault is two years. If a defendant is not formally charged with the sex assault crime before this period, his prosecution for that crime is barred by Virginia law. If it is determined that the prosecution is attempting to accuse a client in violation of the statute of limitations for the offenses, our skilled Virginia defense lawyers will file a motion to have the charges dismissed.
However, this limit is tolled if the victim was a minor at the time of the abuse. Tolled implies that the Virginia statute of limitations does not begin until the victim reaches 18 years old, or becomes aware of their trauma and resulting injuries. Our professionally skilled lawyer will represent the sex assault case firmly and will fight to ensure that the defendant is free of all the accusations.
All Elements of The Sexual Offense Must Be Proven
In Virginia criminal cases, the burden of proving the defendant’s guilt is on the prosecution, and they must establish that fact beyond a reasonable doubt. If you are charged with sexual assault in Virginia, the judge decides if you are guilty based on evidence that is presented. The prosecution has to prove all the key elements. Our experienced lawyer will assertively challenge all aspects of the prosecution’s case and will fight to prove you are guiltless.
How Is a Fair Trial Reached?
If you are being charged formally with sexual assault in Virginia, remember that a sexual assault charge does not mean a conviction. You have the right to a fair trial in Virginia. Only if all the allegations are proved beyond a reasonable doubt you can be convicted of the sex assault crime. The best way to fight these charges is by working with a knowledgeable lawyer. A Virginia sexual assault lawyer will discuss the various aspects of building a strong defense for the sexual assault case. To learn more about the ways to initiate a strong defense confer with an experienced and competent lawyer.
What Are Some of The Essential Things a Skilled lawyer Will Look for When Building a Defense?
Statements and behavior of the alleged victim : The foremost thing a knowledgeable lawyer will look at in a sexual assault case is the statements of the victim. A trustworthy Virginia lawyer needs to determine if the statements of the victim are reliable or credible and if there are inconsistent statements. A professionally skilled lawyer will examine the statements to determine credibility.
Any physical evidence that was obtained : A competent lawyer builds a defense strategy by thoroughly reviewing the facts of the sexual assault case and if any physical evidence exists to connect the client to the sex crime. The skilled Virginia lawyer then checks to see what physical evidence exists to show that an offense occurred or that the alleged victim and defendant had any contact.
History of the alleged victim : An experienced Virginia lawyer will look to see if there is a history of any false claims or erratic behavior. A skilled lawyer will try to establish that the victim or complainant is seeking revenge after a difficult breakup or trying to gain an upper hand in a Virginia child custody case.
Furthermore, it is important to determine that if an actual incident took place and what steps can be taken to negotiate a settlement with the prosecutors to resolve the matter beneficially.
Defenses to Sex Crimes in Virginia
Several defenses may apply in sexual assault cases. A Virginia defense lawyer can discuss the specific circumstances surrounding your sexual assault case and determine relevant defenses as follows:
Consent: One of the elements of sexual assault is that sexual activities must occur against the will of the victim. If the victim did consent, a sex assault crime may not have been committed. Thus, if the defendant can make it obvious that the victim consented to the sexual contact; this will be a solid defense to the allegations of sexual assault. However, this offense may not apply in certain situations, such as sex crimes involving minors or incapacitated persons.
Misidentification: In developing the defense, a skilled lawyer will try to establish if any contact was consensual and or if this is a case of mistaken identity. A sex crime may have occurred, but the victim may point out an incorrect person. The highly qualified Virginia defense lawyer understands how the prosecution approaches these types of charges and will use this knowledge to help protect your rights and future.
Victim Motivation: A defense lawyer may seek to discredit the alleged victim, by uncovering situations that may obstruct the truth and ultimately leads to the possible outcome. For instance, the accuser may be telling part or none of the truth to hide his or her consent. Or, if you and the accuser know each other the accuser may be seeking revenge against you for something unrelated to the alleged crime. A more extreme situation is that the accuser is being coerced or influenced by a third party to make this accusation against you.
If you have been charged with a fabricated case then contact an experienced Virginia skilled lawyer immediately.