Indianapolis Sex Crimes Lawyer
Do not underestimate the severity of a sex crime charge in Indianapolis. At Banks & Brower, it’s our mission to help those facing sexual assault or other sex crime charges. A sex crime conviction can be devastating to an individual and his or her family. We offer our assistance in the hopes of lessening or eliminating criminal charges. A sex crime conviction can ruin your reputation, limit your employment opportunities, and infringe upon your constitutional rights. If you’re facing a sex crime charge, your future is on the line. Retain one of our attorneys for exceptional criminal defense.
What to Do After an Arrest
The actions you take directly after arrest and in the hours following can make a difference in the outcome of your case. There are things you should and should not do and say after arrest for an alleged sex crime. At Banks & Brower, we’ve seen clients make mistakes that hurt their cases too often. A little know-how can go a long way when it comes to protecting yourself after a sex crime arrest. Follow these steps to safeguard your rights as an arrested individual in Indianapolis, and remember – when in doubt, call our attorneys:
- Remain silent. You’ve likely heard an officer read Miranda rights once or twice, at least on television. The “right to remain silent” often stands out as one of the first things an officer says upon arrest. Take this right seriously, and utilize it to protect yourself. An officer can and will use anything you say against you. During and after arrest, politely decline answering any questions until you have an attorney present. Do not let an officer trick, intimidate, or coerce you into saying anything until you have a lawyer.
- Call an attorney. The most critical step to take after arrest for sex crimes or any other crime in Indianapolis is to call a criminal defense attorney. Keep the number for Banks & Brower handy: (317) 870-0019. Give us a call, and we’ll discuss your case during a free consultation. Tell your attorney what happened, but do not say anything incriminating if you’re using your phone call from the police station. Officers can listen and record your conversation. Our team will help you with what to do next.
If you don’t follow these steps exactly, don’t worry. The most important thing to remember is to get in touch with our lawyers ASAP. Call us from the police precinct the moment you take your one phone call. Don’t wait until right before your court date. Contact us sooner rather than later, and get sound advice about what to do right from the start. We’re available to take your call 24 hours a day, seven days a week.
What Are Sex Crimes? Types?
Any crime that has a sexual motive can carry the term “sex crime.” A sex crime can refer to indecent exposure, sexual assault, sexual harassment, molestation, rape, or prostitution. Many different crimes fall into this category, but they generally involve illegal sexual conduct from one person against another. Violence during a sexual act, lack of consent, or sexual conduct with an individual who is legally incapable of consent (such as a child) can all be sex crimes. A basic overview of a few types of sex crimes are as follows:
- Sexual misconduct or battery of minors. Child pornography, distributing visual depictions of children engaged in sexual acts, activities relating to materials containing child pornography, transporting a minor with the intent to engage the minor in criminal sexual activity, and child molestation can all lead to sex crime charges.
- Sexual assault. Sexual assault can encompass any type of unwanted sexual contact or touching, ranging from assault and battery to attempted rape. Knowingly or intentionally causing another person to submit to or perform sexual acts is assault in Indiana when a person forces or threatens the victim, the victim is unaware that the act is occurring, or the victim is mentally disabled or deficient.
- Rape. Indiana Code Section 35-42-4-1 prohibits knowingly or intentionally having sexual intercourse with another person in certain circumstances, which constitutes rape, a Level 3 felony in Indiana. If someone uses deadly force, threatens to use deadly force, has a deadly weapon, causes serious bodily injury to the victim, or commits the act after furnishing the victim with a drug, it’s a Level 1 felony.
- Human trafficking. Sex trafficking of a minor, human trafficking, or promotion of human trafficking are felonies in Indiana. “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.
Sex crimes have serious consequences in Indianapolis if the courts find someone guilty. It is absolutely imperative that you contact our attorneys after a sex crime arrest. Whether you are guilty or not, call us to discuss your case. An arrest can stay on your record even if the courts later drop the charges against you. If you face conviction, you need an aggressive defense attorney to fight for reduced penalties. A lawyer by your side is the best way to protect yourself after charges for any type of sex crime in Indianapolis.
The Most Commonly Charged Sex Crime Laws/Penalties in Indiana
Receiving a charge for any sex crime can come with life-changing ramifications, even if the courts later find you innocent. Sex crime convictions have lifelong consequences, including registration on a sex offender list. This can make it difficult to find a job, housing, and to move on with your life after serving your sentence. Rape is one of the most commonly charged sex crimes in Indiana and can come with penalties ranging from three to 40 years in prison and thousands of dollars in fines. Other commonly charged crimes and their penalties include:
- Child molestation. Sexual fondling or touching of a minor under the age of 14 is a Level 4 felony, punishable with two to 12 years in prison. It is a Level 1 felony if the defendant used deadly force, a deadly weapon, drugged the minor, or threatened to use deadly force. If a person performs sexual intercourse or any sexual misconduct with a child under 14, it’s a Level 3 felony, punishable with three to 16 years in prison.
- Sexual battery. A person is guilty of sexual battery if he or she touches another person and compels that person to accept the touching by force or threat of force, or if the person has a disability or is mentally deficient enough as to not be able to give consent. If someone touches another person’s genitals or private parts when the person is unaware of this touching, it is also sexual battery. These crimes are Level 6 felonies, punishable by six months to 2.5 years in prison. It’s a Level 4 felony if the defendant uses or threatens to use deadly force.
- Sexual misconduct with a minor. 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 to six years in prison. It’s a Level 4 felony if the defendant is 21 or older, and a Level 1 felony if the defendant is at least 18 and uses deadly force or threat of deadly force, causes bodily injury, or drugs the victim.
Receiving a sex crime charge can clearly come with serious, life-altering consequences. Months or years in jail can ruin your life and permanently soil your reputation. Social stigmas, prison sentences, and the legal requirement to register as a sex offender are why you should retain an experienced criminal defense lawyer upon arrest. A lawyer could be your only chance at avoiding or lessening the charges and penalties against you.
Defenses to Sex Crime Charges
There are potential defenses that could help someone who is facing sex crime charges in Indianapolis. It is the prosecution’s burden to prove that you are guilty beyond a reasonable doubt. A skilled attorney can assess your case and utilize a defense that could reduce the charges against you, limit penalties, or even convince the courts to dismiss the criminal case. One of the most common defenses is claiming innocence. A defendant might be able to present an alibi or claim that the victim has misidentified the defendant.
Other defenses to sex crime charges include consentor being misled as to the victim’s age or . Arguing consent could negate the charges if the defendant can show that the victim consented to the sexual touching or act. You might also be able to claim insanity or a mental disease or defect to potentially qualify for more lenient penalties. You need a talented and trial-tested defense attorney by your side to consider all possible defenses in your case.
Call Our Sex Crime Defense Attorneys Today
Banks & Brower’s experienced sex crime defense attorneys have been former prosecutors and division chiefs. Brad Banks and Adam Brower collectively have more than 40 years of legal experience. Our firm has the experience you need, with proven results and trial-tested process. We exceed each client’s expectations by walking him or her through the criminal justice system in Indiana, and working hard to obtain the best possible results.
Our lawyers in Indianapolis will answer client calls 24 hours a day and are always approachable and accessible. We take on even the most complex and high-stakes cases with confidence and poise. We use our decades of knowledge, education, and experience to benefit our clients. Banks & Brower has the highest number of five-start reviews in Indianapolis. We are the firm for you if you’re facing sex crime charges. For a free consultation, call (317) 870-0019 or contact us online.