Are All Sex Crimes Considered To Be Felonies Or Are Some Misdemeanor Charges?
Most sex crimes are categorized as felonies. Here are some examples of misdemeanor and felony sexual related criminal offenses:
- Rape (F1)
- Statutory Deviate Sexual Intercourse (F1)
- Indecent Assault (M2) (Under certain specific charged circumstances this offense could rise to a felony of the third degree or misdemeanor of the first degree)
What Is Megan’s Law?
Megan’s Law was created as a means of tracking the whereabouts of a certain individuals who have been convicted of or plead guilty to sexual criminal offenses. Depending on the offense and other factors the registration and monitoring could last for years, decades or life.
What Are The Differences Between State Level And Federal Level Sex Crime Charges?
The major difference between overlapping state and federal sexual related criminal activity is the potential liability after a conviction or plea. The federal guidelines are much more severe than the state guidelines and that’s true for non-sex related criminal activity also. As a criminal defense Attorney you always prefer that charges are filed in State Court regardless of the charges themselves.
Should I Hire An Attorney Beforehand If I Suspect I Am Being Investigated For A Sex Crime?
Yes. The sooner you begin to prepare the better. Consultation with an Attorney at the earliest possible time period is always advantageous. As with any crime your decisions prior to engaging an Attorney can have a direct and most times devastating impact on your criminal matter as it relates to your ultimate defense.
First, remain silent. Do not waive your constitutionally protected rights. Second, if contacted by law enforcement never agree to give a statement unless or until you consult with your Attorney and he/she accompanies you to the interview.
In my three decades of defense work it has been my regrettable experience to learn that my client waived his rights and agreed to discuss his matter with the authorities without the aid of counsel.
What Should I Do Once I Have Been Arrested For A Sex Crime?
First, remain silent. Second, hire an Attorney. Third, be prepared to meet and discuss your matter in detail with your Attorney. Fourth, hire an investigator through your Attorney so that you can conduct your own probably more extensive investigation of the underlying alleged facts and charges.
If The Accuser Recants His Or Her Allegations, Will Sex Crime Charges Against Me Be Dropped?
The reluctance or refusal of the alleged victim to testify against you could be a factor in your prosecution. However, the manner in which the case proceeds is entirely within the purview of the Commonwealth. Under certain circumstances they will proceed with a reluctant alleged victim especially when there exists a previous statement from that alleged victim and or testimony.
What Actions Can Be Taken To Mitigate The Consequences of A Sex Crime Arrest Or Charges?
Retain the services of an Attorney and investigator as soon as possible. Once retained a plan of action can be developed involving the investigator and potential witnesses through the obtaining of statements and evidence.
What Are the Penalties Associated With A Sex Crime Conviction In Pennsylvania?
Since the majority of offenses in that category are felonies, the potential liability is high. The potential sentence will be impacted by the offense gravity score associated with the convicted offense (OGS) along with the prior record score (PRS) of the accused. For example, rape forcible compulsion yields the following with no previous convictions:
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