Marietta Sexual Assault & Rape Charges Defense
Georgia has broad and confusing laws related to sex crimes like sexual assault, rape, and different forms of sexual deviancy.
If you’re facing criminal charges for sex crimes in Georgia, it’s essential to know what to expect and have a strong defense strategy.
The experienced attorneys at The Waltman Firm can help you do just that.
Contact Holly
holly@thewaltmanfirm.com
770.293.8502
What Are Sexual Assault and Rape?
The state of Georgia has a unique sexual assault law. The law makes it illegal for anyone with supervisory or disciplinary authority over another person to have sexual contact with them—for example, teachers and students or therapists and their patients. The consent of the victim is not a defense in such cases.
Rape occurs when someone has carnal knowledge of or sexual intercourse with a female forcibly and against her will or with a female under the age of ten.
The terms sexual assault and rape are often used interchangeably, even though these crimes significantly differ from each other. But bear in mind that any sex crime or sexual assault charges are serious and shouldn’t be taken lightly. If you’ve been charged with sex crimes, contact a Marietta criminal defense attorney as soon as possible.
Who Is Considered a Sexual Offender?
Any individual who has been convicted of having forbidden sexual conduct or sexual intercourse with a minor victim or any dangerous sexual offense can be considered a sexual offender. The list of dangerous sexual offenses includes aggravated sodomy, sexual battery (aggravated and non-aggravated), as well as improper sexual contact by an employee or agent in the first or second degree.
A conviction for sexual offenses will, in most cases, require registration with the state. Failing to comply or providing false information can result in a felony conviction and imprisonment for at least one year.
Consequences of Rape and Sexual Assault Charges
In Marietta, GA, a conviction for sexual assault has severe consequences. Depending on the circumstances of the case, a sexual assault conviction can result in a prison term of between 1 to 25 years, steep fines not exceeding $100,000, or both.
Both rape and sexual assault convictions carry life-long consequences like sex offender registration.
What Are the Potential Penalties for Sexual Assault and Rape Convictions in Marietta?
In Marietta, the potential penalties for sexual assault and rape convictions are severe and vary based on the nature of the crime. Convictions can include child molestation, marital rape, aggravated child molestation, and statutory rape, leading to lengthy prison sentences, hefty fines, and mandatory registration as a sex offender.
Those found guilty of distributing or possessing child pornography face additional criminal charges. The legal system also addresses cases where individuals are falsely accused, emphasizing the importance of evidence and the circumstances surrounding the alleged sexual act. The penalties reflect the seriousness of these offenses, aiming to provide justice for victims while ensuring a fair trial for the accused.
Types of Sexual Crimes in Georgia
In Georgia, sexual crimes cover a wide spectrum of offenses, each with distinct legal definitions and serious penalties. Understanding these categories is crucial for anyone facing such charges or for their legal defense.
Statutory Rape
Statutory rape involves sexual activity with a minor under the age of consent, which is 16 in Georgia. Unlike forcible rape, consent is irrelevant in statutory rape cases if the individual is underage. A person aged 21 or older convicted of statutory rape can face up to 20 years in prison, while younger offenders might face lighter sentences. However, any conviction can result in mandatory sex offender registration.
Child Molestation
Child molestation encompasses sexual acts or indecent exposure involving a minor under 16, with intent to satisfy or arouse sexual desires. Convictions for child molestation can carry sentences of 5 to 20 years for a first offense, with harsher penalties for subsequent offenses. The law considers both physical and verbal acts intended to sexually exploit a minor under this statute.
Aggravated Sodomy
Aggravated sodomy is defined as forced or coerced sexual acts involving oral or anal contact. This crime becomes “aggravated” when involving minors under 10 or involving force. A conviction may result in life imprisonment or a sentence of 25 years to life, reflecting Georgia’s stringent stance on violent sexual crimes.
Aggravated Sexual Battery
Aggravated sexual battery involves using foreign objects to penetrate another person’s sexual organs without consent. The crime is considered highly invasive and violent, resulting in harsh sentencing. A conviction can lead to life imprisonment, demonstrating the severe penalties associated with this offense in Georgia.
Finding a Relentless Sex Crimes Defense Attorney in Marrietta, Georgia
To find a lawyer who can help you fight sex crime charges, you need to:
Do Your Research
Many lawyers claim to specialize in criminal defense. Still, it is up to you to do your due diligence and determine which ones know what they’re doing. But if you are in Marietta or anywhere else in Cobb County, worry not because you have The Waltman Firm at your disposal.
Find Someone With a Good Reputation
When choosing counsel to defend you for something as serious and sensitive as a sex crime, pick one who has a good reputation both within the legal community and beyond.
Check the Reviews
Lastly, read testimonials from former clients on sites like Yelp! or Avvo (specifically designed for legal professionals).
Why Should I Hire a Marietta Sexual Assault & Rape Charges Defense Lawyer?
If you’ve been accused of committing a sex crime, you should hire a criminal defense lawyer with experience in this field from The Waltman Firm. We know the laws and the intricacies of defending people accused of sex crimes.
We will keep you updated every step of the way and make sure that you are comfortable with our next move.
Areas of Specialization of the Waltman Law Firm
The Waltman Firm handles many sex crime cases in Marietta, GA. Our practice areas include:
- Child molestation
- Child sexual abuse
- Child pornography
- Aggravated sodomy
- Internet sex crimes (internet solicitation, sexting)
- Prostitution and solicitation of prostitution
- Rape and statutory rape
- Sexual battery/assault
- Sexual exploitation of children
Call 770-919-9525 to set up a consultation.
When Should I Hire a Marietta Sexual Assault and Rape Charges Defense Lawyer?
Regardless of your case’s circumstances, you must seek legal counsel as soon as possible. Preferably, contact us shortly after you are contacted by law enforcement, arrested, or detained on sex crime charges.
How to Protect Yourself When You Are Arrested for Sex Crimes
While every case is different, defendants in sex crime cases can take steps to improve their chances of achieving a favorable outcome. If you are arrested for a sex crime in Marietta, GA, here’s what you need to know:
- Do not speak until you have spoken with your lawyer.
- Hire an experienced criminal lawyer as soon as possible.
- Gather evidence that supports your innocence.
- Speak with witnesses who can attest to your innocence.
- Present any alibi evidence available.
How Much Does a Sexual Assault & Rape Charge Defense Attorney Cost?
Sexual assault defense attorneys work on an hourly rate, ranging between $250 and $500 per hour. Many attorneys don’t charge by the hour because they don’t want their clients to worry about the financial aspect of their case.
Instead, they may accept a flat fee or retainer, which means they receive payment upfront and repay their client any remaining funds at the end of the case.
At the same time, they concentrate on providing exceptional legal representation.
The cost of hiring a lawyer depends on the complexity of your case. For instance, if multiple witnesses saw you commit the crime, it will be harder for your lawyer to defend you than if there are no witnesses.
Other factors that affect the cost of hiring a criminal defense lawyer include the following:
- Attorney’s reputation: Attorneys with more experience typically charge more than newly licensed attorneys. For example, a top-rated, experienced lawyer may charge $1,000 per hour in a major city. In contrast, a newly licensed attorney in the same city may charge only $250 per hour.
- Type of case: A criminal defense lawyer who specializes in defending people accused of sexual assault may charge more than one who does not have much experience in this field.
- Geographical location: Lawyers in major cities like New York or Los Angeles typically charge more than those in smaller towns.
If you can’t afford to hire an attorney, you may qualify for a court-appointed lawyer who will represent you free of charge or at a reduced rate. Contact your local court to see if you are eligible.
Contact The Waltman Firm today to find out how much we will charge to represent you and what your options are.
Conclusion
Sexual assault and rape are serious crimes with severe penalties, so it’s essential to choose an attorney who has the experience and knowledge to defend you effectively. By doing your research and checking reviews, you can ensure that you make the best decision for your case.
Contact The Waltman Firm today. Call us on 770-919-9525 or visit our website.