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Mr. Brandon Fitz of Crawford and Boyle Law Firm is the main reason why I encouraged my granddaughter to go with this firm. He’s very knowledgeable and personable. He listened to what you had to say and responded accordingly. He always returned my calls answered my emails and text messages. He answered every question I had and made me feel assured. I would use him again if the need arose. I highly recommend Mr. Fitz. The staff were always pleasant as well.

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Angel

David was fast, kept me well informed, and was on time at my court date. I will be using him again if I ever need a lawyer, and I have recommended him to a few people already.

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Josh

David kept me informed throughout the whole process. He was very helpful in getting me the lowest fines and punishment for my crime. I am thankful one of my customers introduced me to him. He even helped get me out of a sticky situation, after my original conviction.

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Sex Crime Lawyer Gwinnett County

Defending Against Sex Crime Charges Georgia

Our sex crimes lawyers prepare every case for trial. We start by learning as much as possible about you and the circumstances of your case. We investigate the officers, evidence, and witnesses to build a strong legal and factual trial defense for the jury. Our experience as former prosecutors enables us to learn the weaknesses in the evidence the state is using to try to convict you. We consult with experts in psychosexual evaluations and polygraph testing. Whenever possible, we work to get cases dismissed and charges reduced prior to going to court.

 

If you or a loved one is accused of a sex crime, call (678) 680-5000 for experienced lawyers to vigorously defend your rights.

 

Types of Sex Crimes in Georgia

Sex crime convictions are extremely serious and often result in severe punishments and lifetime consequences. If convicted of a sex crime, you could face a lengthy time in prison, probation, and sex offender restrictions on where you can live and work.

 

Georgia law classifies a range of offenses as sex crimes, including:

    • Rape
    • Statutory rape
    • Aggravated Sexual Battery
    • Aggravated Sodomy
    • Child Molestation
    • Aggravated Child Molestation
    • Possession of Child Pornography
    • Enticement of a child for indecent purposes
    • Sexual Exploitation of Children
    • Improper Sexual Contact by a Person in a Position of Trust
    • Human Trafficking for Sexual Servitude
    • Incest
    • Sexual Battery
    • Prostitution
    • Pimping
    • Public indecency
    • Pandering

What are the Penalties for Sex Crimes in Georgia?

The state of Georgia aggressively prosecutes sex crimes, so the attorneys at Crawford and Boyle, LLC, aggressively defend the accused. Our sex crimes attorneys represent clients facing serious sex crimes in Georgia. A conviction for a sex crime can lead to severe punishments such as:

  • Mandatory prison sentences
  • Registering as a sex offender

These penalties will negatively impact every area of your life. Let our team help you fight for your rights and avoid the devastating consequences of a conviction.

 

Defense Strategies Used In Sex Crime Cases

The defense strategies that are used in sex crime cases depend largely on the specific case at hand. However, they usually boil down the following:

 

  • Attacking the credibility of the witness
  • Researching and presenting an alibi defense
  • Evidence of prior contact can be used in order to show the police that there was consent. This could include text messages, Facebook messages, emails, etc.
  • We often use polygraph evaluations, which the police and prosecutors usually consider as long as the person who conducts the polygraph test is credible.

 

Steps to Mitigate Sex Crime Charges

Georgia has some of the toughest sex offender penalties in the nation, which can make it difficult to mitigate sex crime charges. However, if a case is weak from the state’s perspective, then they may negotiate the charge to a lesser offense or something that is non-sexual and that doesn’t require lifelong sex offender registration. A common example we see is a child molestation charge negotiated down to either a sexual battery charge or a cruelty to children charge, neither of which would require registration on the Sexual Offender Registry.

 

Most of the sex offenses carry a potential life sentence, which in Georgia means 30 years until you are eligible for parole. Even worse, there are mandatory minimums that have to be served. There is a relief valve that the legislature put in place a couple of years back that allows a prosecutor or the judge to dip below the mandatory minimum if certain factors are met, such as no prior sex convictions, no weapon involvement, no additional victims, and no intentional physical harm done to or restraint of the accuser.

 

Georgia Sex Offender Registry

The sex offender registration rules in Georgia changed in 2010. Anyone convicted after July 1, 2008, is prohibited from living within 1,000 feet of a school, child care facility, church, public park, playground, public library, public pool, neighborhood center, recreation facility, skating rink, or gym. In addition, people with sex crime convictions are unable to work or volunteer at a school, church, or childcare facility.

 

Do You Have To Register As a Sex Offender For All Sex Crime Convictions In Georgia?

In Georgia, any felony conviction for a sex crime can put you on the sex offender registry. If your conviction is for a misdemeanor, then you do not have to go on the registry. There are some non-sex-related crimes that can put you on the sex offender registry, including an aggravated assault charge if it’s alleged that it was committed with the intent to rape.

 

Is There a Difference Between a State Registry And a Federal Registry?

In Georgia, there isn’t really a difference between a state registry and a federal registry; regardless of whether you commit a state-level offense or a federal offense, you will be required to register as an offender for the rest of your life. If you move to a different county within Georgia, then you are required to de-register with the county you are leaving and register with the county to which you are moving. Both de-registration and registration must be done within a certain period of time.If someone is no longer on the sex offender registry when they move to Georgia, they may be required to re-register. Furthermore, offenders are required to submit themselves to the local Sheriff’s Office on their birthday for an annual registration. Violation of any of the registration requirements is a new felony offense punishable by up to 10 to 30 years in prison.

 

What Restrictions Do Convicted Sex Offenders Face In The State Of Georgia?

Georgia is apparently trying to race to the front on being the harshest state for sex offenders to reside in. In fact, sex offenders used to be restricted from living within 1000 feet of a bus stop. If you consider how many places school buses stop in every city and every county, you see that restrictions of that sort essentially make the state uninhabitable. That law was subject to lawsuits and has since been removed. However, sex offenders cannot reside, volunteer or work within 1000 feet of a childcare facility, church, school or any other area where minors congregate. Georgia law makes it unlawful to loiter without valid purpose at a childcare facility, school or other area where minors congregate. A violation of any of these restrictions is a felony that is punishable by 10 to 30 years in prison.

 

Is It Critical to Hire an Attorney With Experience Handling Sex Crime Cases?

There are three reasons why it is critical to have an experienced attorney handle your sex crime case. The first is that the punishment is so great. Not only is the immediate punishment of prison great, but the continuing punishment of being on the registry and subject to all of the restrictions that come with it is great. Secondly, the stigma basically lasts for life. In many occupations, the mere allegation of a sex offense can be career-ending. If you are a principal, teacher, childcare worker or anyone who works with children, then the mere allegation can put you out of a job and make it so that no one will want to hire you for the rest of your life.

 

Finally, having an attorney can help many defendants successfully win these cases. When the defendants are successful, it is sometimes because the victim does not come across positively, or because jurors are drawn from the community and don’t want to believe that the alleged incident actually happened. Prosecutors are known for overcharging these kinds of cases and going overboard. They do not stick with what they have, but instead just throw it all out there. When they do that, it makes it much easier to defend the case if you have the necessary training and experience.

 

Contact Our Sex Crime Attorneys Today

If you are facing accusations of a sex crime in Georgia, our experienced sex crime attorneys at Crawford and Boyle, LLC, are here to help. We understand the gravity and sensitive nature of these cases and are dedicated to protecting your rights and providing you with the best legal representation. Please don’t wait to contact us today to schedule a free consultation. We look forward to hearing from you and working towards a successful resolution of your case.

 

Additional Reading:

 

Have you been arrested for a sex crime in Georgia? Call Crawford and Boyle, LLC today at (678) 680-5000 or contact us online to schedule a free consultation with our sex crime attorney.

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Frequently Asked Questions

Find answers to common questions about legal charges and the legal process in Georgia.

What Are My Rights Once I Am Arrested and Charged with a Sex Crime?

Once you have been arrested and charged with a sex crime, the first thing you want to do is get out of jail and contact an attorney. If a bond is set, you want to post that bond. If a bond is denied, you want to have your family or friends hire the best attorney that they can afford. While in jail, you should not talk to your cellmates or on the jail phones because those conversations are recorded. Even once you are released from jail, you should not discuss your case with friends or family members. The only person who you should discuss the case with is your attorney. Otherwise, you might shoot yourself in the foot and open up all of those people you discussed your case with to be subpoenaed by the state on the case and to testify regarding what you told them.

Sex crime cases are unique in that they can be ongoing and there can be additional victims who come forward. Because of this, you need an attorney quickly so that defense witnesses, evidence and alibis can be nailed down as quickly as possible. The last thing that should go without saying is to not talk to the police without an attorney because anything that you say can and will be used against you in court. However, anything that is said to the police by an attorney on your behalf cannot be held against you. So, having an attorney can be a good way of getting information without giving anything up that could damage the case later on.

Should I Hire a Attorney If I Suspect I'm Under Investigation For a Sex Crime and Will That Make Me Look Guilty?

You should absolutely hire the best attorney you can afford. If you are facing a sex crime allegation, don’t be as much concerned about perceptions as you are about defending the case. If you do eventually get arrested for a sex crime, people will assume you are guilty because of the nature of the charge and the way that it’s sensationalized in the media. So, if you can avoid getting charged altogether, then it’s absolutely worth it.

There are avenues that an attorney can explore prior to your arrest that can make all the difference and can lead to cases not being charged. One that we use here frequently is a polygraph evaluation or lie detector test. We will send some of our clients to our private polygraph professional who is a former FBI agent and well-respected throughout the state. If we get a good result, then we will take it to the prosecutor or the investigator and try to get the case shelved without further investigation and nothing being left out. If it’s a bad result, then we shelve it and move on with the case. Whether you are guilty or innocent, the first thing that you should do is hire an attorney.

What Happens If The Alleged Victim Recants Allegations Of A Sexual Offense?

If an alleged victim recants allegations of a sexual offense, it probably won’t have much of an effect on the case. This is because the state can pick up and press the charges as long as they are aware of the allegations. If the accuser says that they lied and that they do not want to move forward with the case, the state can move forward if they believe that something did in fact happen. Even if the accuser is completely unwilling to help the state, the state can still subpoena them into proceedings.

In rare cases, the state can even put the accuser in jail until they testify. So, there is no automatic dropping of charges just because the victim or accuser wants them to go away. Even if the charges were to be dropped, there is an unfortunate loophole in Georgia that basically allows the state to decide whether or not the charges will stay on the record or be dismissed.

What Is The Difference Between State And Federal Sex Crime Charges?

In Georgia, almost all of the sex charges have state-level jurisdiction, which means that they are prosecuted by the counties in the state of Georgia. Federal agents usually only get involved when there is some sort of interstate mechanism or something that gives them jurisdiction, such is the case with child pornography and trafficking in prostitution cases. Even with those types of cases, the US Attorney’s offices for the Northern, Middle and Southern District of Georgia have set thresholds.

For example, in terms of child pornography cases, the federal government will only take those that involve the possession of a certain number of child pornography images. They tend to cherry-pick the cases that generate the most community outrage, such as those that involve a teacher or principle caught in a sting. So, the vast majority of sex crimes are prosecuted at the state level.

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