Sex Crimes Lawyer

If you have been accused of a sex crime, it is important to find a lawyer who has experience defending against these types of charges. An experienced sex crimes lawyer will know how to build a strong defense and will fight to protect your rights. Call the law firm of Rick Christian today to find the best criminal defense attorneys available in the Cobb County area.

What is a Sex Crime?

Sex crimes involve any offenses related to any type of illegal sexual encounter that may also result in physical or emotional harm. Sex offenses are extremely serious and if guilt is proven, they can hold hefty consequences such as prison time, being listed on the sex offender registry, and large fines. Some of the types of sex crimes that fall under this category include sexual assault, rape, child sexual abuse, incest, statutory rape, indecent exposure, child molestation, and more.

Criminal Court Process for Alleged Sex Offenders in Cobb County

When an individual is accused of a sexual offense in Cobb County, Georgia, the first thing that will happen is the report. A person will make a report to the police if they believe that a person is committing sexual crimes, whether with an adult or a minor. After the report, an investigation will take place. This investigation will collect evidence either for or against the person, and an interview with the accused individual will take place. Witnesses and the victim will also give statements about the situation.

If it is determined that there is enough evidence against the accused individual, they will issue an arrest warrant and submit the information for prosecution with the courts. The police will either arrange for the accused person’s surrender with their lawyer or they will come to arrest the accused individual and take them into custody. At this point, they will read that person their Miranda rights.

What Happens After a Sex Crime Arrest?

Following the arrest, a person will be booked into jail and then placed in a holding cell. In instances of rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, a sex crimes attorney must submit a request to the Superior Court for bail. This process may take several weeks, and depending on the crime, the amount may be set at a hefty rate or may not be set at all in order to keep the accused behind bars.

The first step in a sex crime case is the preliminary or committal hearing. This is used to determine whether or not there is enough evidence to even proceed with a trial. The case will only move forward if there is sufficient evidence and probable cause. If the case moves forward, the criminal defense lawyer will set in place a motion on the accused individual’s behalf. Some of the types of motions include:

Motion to Suppress: evidence was obtained illegally and should be excluded. This could include an illegal search and seizure.
Motion for Discovery: the process of receiving information about the evidence for or against the accused individual.

Then a trial will begin. This will either take place as a bench trial (the judge decides) or a jury trial. The accused individual can work with their lawyer to determine which trial best suits their case. If the accused person is found guilty of criminal sexual conduct, they may be able to appeal for a new trial with a new jury.

Types of Cobb County Sex Crimes Charges We Defend

Rick Christian and the lawyers at his law office work to provide defense for sex crime convictions of all types to people in Cobb County and the surrounding Atlanta areas. These crimes carry hefty convictions, so it is extremely important that you understand what exactly these charges are, what the penalties include, and who to call when you need a defense team at your side.

Sexual Assault

Sexual assault is when a person who has some type of authority (literal or figurative) over another engages in non-consensual sexual behavior or contact. If a person is convicted of a sexual assault crime, he or she will be convicted of a felony resulting in between 1-20 years in prison and a fine of up to $100,000. Penalties for sexual assault increase heavily if the victim is under the age of 16. In this case, it is likely that the person will be sentenced to 25-50 years in jail. A person who is convicted of sexual assault will also be on the sex offender registration for life.

Rape

A sexual act or carnal knowledge that is forced upon the other individual is defined as rape and is an extremely serious criminal charge. In these charges, it is key that the prosecution uses the terms “forcibly” and “against their will” to establish a charge of rape.

When it comes to rape, the bond can only be set by a Superior Judge and may be incredibly high. In the state of Georgia, the penalty for rape includes a felony charge and may result in several consequences, such as:

the death penalty
life in prison without parole
statutory minimum of 25 years in prison with a lifetime of parole
lifetime on the sex offender list

Statutory Rape

Statutory rape is forced sexual activity on a minor. The age of consent in the state of Georgia is 16, so statutory rape charges are applied to an individual who forces sex against their will on a child under the age of 16. The penalty for statutory rape depends on the age of the accused as well as the age of the alleged victim. If the offender is under 21, the penalty includes 1-21 years in prison. Over the age of 21, jail time increases to 10-21 years. Again, regardless of the age or prison time, all offenders will be registered as sex offenders.

Indecent Exposure

Indecent exposure includes an act of sexual intercourse in public, lewd exposure of sexual organs, partial and complete nudity in public, and lewd touching of another person in public. Indecent exposure is charged as a misdemeanor in Georgia for the first and second offenses. A third offense will result in a felony charge which is punishable by 1-5 years in prison.

Child Molestation

Child molestation falls into two categories:

Sexual activity around or to a child under the age of 16 with the intent to arouse or satisfy the sexual desires of the child or the other person.
Immoral or indecent sexual activity with a child under the age of 16 online through videos, messages, or pictures.

In the state of Georgia, child molestation is convicted as a felony. A first offense will result in a prison sentence of 5-20 years. Any subsequent convictions are punishable by 10-30 years in prison, permanent placement on the sex offender registry, and hefty fines if the court determines that those are also necessary.

Child Pornography

In Georgia, it is illegal for a person to knowingly possess or control any material that depicts a minor engaged in sexually explicit activity. This can include videos, photographs, online file sharing, distribution of child pornography, online conversations between adults and children, or sexting.

If convicted of a felony child pornography charge, an individual will receive the following consequences:

5-25 Yeats in jail
A maximum fine of $100,000
Mandatory registration on the sex offender list

Possession, manufacturing, and distribution of child pornography is an extremely punishable offense that can destroy a person’s life, especially if wrongfully convicted. These charges remain on a legal record forever, and the penalties may increase for each subsequent conviction charge.

Exploitation of a Minor

Exploitation of a minor is a felony where a person records, films, or develops a visual depiction of a child under the age of 16 performing sexual acts. In these cases, an offender will be charged with a misdemeanor, a fine of up to $1,000, and up to a year in jail. Convicted offenders will also be placed on the sex offender registry, which can cause a person extreme hardship when looking for a new job or a place to live in the future.

The Important of Having the Best Sex Crimes Lawyer

If you or a loved one is charged with a sex crime in Georgia, having a sex crimes defense attorney on your side is extremely important. A guilty conviction of these crimes will follow you for the rest of your life, meaning that it will be difficult to find a job, live in certain areas, and do many other things that require a background check.

The best thing you can do in this situation is to find an experienced lawyer who is able to guide you through the legal process, offer a trustworthy attorney-client relationship, and provide you with the best defense in your case. Call Rick Christian Attorney at Law if you or a loved one is in need of a criminal defense attorney with years of experience in this particular type of defense.