Being arrested for a sex crime carries its own set of legal and emotional hurdles to you and your family. In some cases, law enforcement may have misinterpreted your actions. With that in mind, working with the Law Office of Mark Nicholson can help you get a successful resolution to your case.
Concerned about spending time in prison and the damage to your reputation? Then it is very important to have strong legal representation. We can give you peace of mind and help you get past this unfortunate event.
Hiring an experienced Indianapolis sex crimes attorney is the first step you can take after your arrest. During one of our strategy sessions, we can help you fight back against your criminal charges.
When the police arrest you for a sex crime, they have already discovered evidence against you. We can help you discover evidence that either proves you are innocent or minimizes your guilt.
The experienced defense attorney at the Law Office of Mark Nicholson has experience with sex crime cases. We know what questions to ask and where to look to look for exculpatory evidence that supports your defense. We will interview witnesses, look at surveillance video, cell phone data and other evidence to defend your case.
Defending Your Constitutional Rights
The Constitution affords us certain rights. Unfortunately, the police do not always protect your rights when they arrest you. Making matters worse, the prosecutor may ignore your rights. Finally, the judge may not offer any relief because you are charged with a felony. A jury, not the judge, decides most felonies cases that are not resolved by a guilty plea.
If the police or prosecutor violate your constitutional rights, then contact us. They know us as fighters for our clients. Previous clients have had their cases dismissed or found not guilty.
Common Types of Sex Crimes in Indiana
The Indiana Code classifies a wide range of offenses as sex crimes. Some of the most commonly charged sex offenses in Indiana include:
Section 35-42-4-8 of the Indiana Code defines sexual battery as the unlawful touching of another individual intending to arouse. The touching must occur without consent to be unlawful. They sometimes refer to this crime as sexual assault, but in Indiana there is not a “sexual assault” criminal charge.
Section 35-45-4-2 of the Indiana Code explains that anyone who knowingly performs a sexual act for payment may be charged with prostitution. Prostitution is a Class A misdemeanor, punishable by up to twelve (12) months in jail. However, it may become a felony if they have charged and convicted the person with the same crime on two (2) previous occasions.
Section 35-42-4-3 of the Indiana Code states that an individual who has sexual intercourse, engages in deviate sexual conduct, or fondles a child under the age of fourteen (14) can be charged with child molestation. If the offense involves intercourse or deviant sexual conduct, they can classify it as a Level 3 felony. Fondling is classified as a Level 4 felony, which carries a maximum sentence of twelve (12) years behind bars.
Section 35-42-4-1 of the Indiana Code defines rape as the act of performing sexual intercourse without the other party’s consent. They classify Rape as a Level 3 felony, which carries up to sixteen (16) years in prison. However, if certain aggravating circumstances are present, it can be a Level 1 felony, which carries a sentence up to forty (40) years.
Sexual Misconduct with a Minor
Section 35-42-4-9 of the Indiana Code states it is a Level 5 felony if a person at least 18 years old performs sexual intercourse or sexual conduct with a child 14 to 15 years old, punishable with one (1) to six (6) years in prison. It is a Level 4 felony if the defendant is 21 or older, and a Level 1 felony if the person is at least 18 and uses deadly force or threat of deadly force, causes bodily injury, or drugs the victim.
Section 35-42-3.5 of the Indiana Code states sex trafficking of a minor, human trafficking, or promotion of human trafficking are felonies in Indiana. Depending on the facts, it can be a Level 5, 4, 3 or 2 felony. “Trafficking” refers to knowingly selling or transferring custody of someone – a child or adult – for the purpose of participating in sexual conduct. Recruiting, keeping, transporting, forcing, threatening, or intentionally agreeing to pay money to someone for an individual forced into prostitution is also human trafficking.
Section 35-42-4-4 of the Indiana Code covers child exploitation. Child exploitation is the knowingly creating, sending, selling, or representing sexual conduct of the genitalia of children younger than 18 years of age. Child exploitation is a Level 5 felony but can be a Level 4 felony depending on the facts of the case.
Section 35-42-4-4 of the Indiana Code covers possessing child pornography. Child pornography is knowingly possessing material depicting sexual conduct or the genitalia of children younger than 18 that lacks any scientific, literary, or educational purpose. This is a Level 6 felony but can be a Level 5 felony depending on the facts.
Punishments for Sex Crimes in Indiana
If the sex crime involved any of the following factors, punishments can become even more severe:
Potential punishments include:
- Jail time
- Prison time
- Home detention
- Probation/sex offender probation
- Sexually transmitted disease (STD) testing
- Registration as a sex offender
- A criminal history
- Revocation of professional licenses
- Loss of immigration status.
If you need help to minimize your chances of facing these punishments, please contact our experienced criminal law attorney at the Law Office of Mark Nicholson. We will fight for you!
Indiana Sex Offender Registration
Committing certain sexual offenses in the state of Indiana will require you to register as a sex offender. Your sex offender status will restrict the places that you can live and work.
While you are on the list, the following information about you will be viewable by the public:
- Your name
- Your address
- Your work address
- Your photograph
- The nature of your conviction
Potential Defenses Against Your Indiana Sex Charges
Below are a few defenses that we can use to defend you against sex crime charges.
- Valid Consent–We can argue that the sexual contact was consensual and therefore not illegal.
- Lack of Evidence–We can argue to the jury that the government does not have enough evidence to prove guilty beyond a reasonable doubt.
- Mistaken Identity–We can argue that the alleged victim has mistakenly identified you. Eyewitnesses have mistaken identities in many cases. Attorney Mark Nicholson has trained lawyers about the defense of mistaken identity.
- Constitutional Violations–We can argue that they violated your constitutional rights. This could result in evidence being suppressed and your case being dismissed.
Call us today at 317-667-0718 to schedule a strategy session. We can discuss the potential defenses for your case. We have over fifty (50) potential defenses to use in criminal cases.