Carmel Child Molestation Attorney
Being accused of child molestation can change your life overnight. If you’re looking for a Carmel child molestation lawyer, chances are you understand the serious nature of these types of allegations. Not only do they carry a significant emotional burden, but they can also come with life-altering consequences. In Hamilton County, prosecutors aggressively pursue these charges.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
The Criminal Defense Team of Baldwin Perry & Wiley P.C. is an Indiana-based firm. We serve people accused of crimes in Carmel and across Hamilton County. Most felony cases are typically heard at the Hamilton County Judicial Center, which is located at 1 Hamilton County Square, Noblesville, IN 46060. When you work with our firm, we can discuss the complex procedures involved in a criminal case based in Hamilton County.
At The Criminal Defense Team, we handle every major case with a team of attorneys and a paralegal. Every case file is reviewed in-depth. This includes reviewing all recorded interviews, digital evidence, and investigation reports. Our former prosecutor has experience working on major felonies and homicides. We understand how the state gathers evidence to try these serious cases.
The Criminal Defense Team has five of the six total Board-Certified* Criminal Trial Specialists in Indiana. We have over 100 years of collective criminal defense experience, and we take the preparation of serious felony cases very seriously.
Child Molestation Laws in Indiana
Child molestation is found in Indiana Code § 35-42-4-3. This law makes it a crime to perform sexual activities on or with a child under the age of 14. The felony level of the charge is determined by a variety of factors, including the age of the defendant and the victim, and the specific conduct alleged.
Child molestation is punishable from a Level 4 felony up to a Level 1 felony. Typically, if the allegation is sexual intercourse or deviant sexual conduct with a child under the age of 14, a person will be charged with a higher-level felony. When the victim suffers severe injuries or is coerced, the felony charges become more serious.
Some allegations also trigger accusations of sexual misconduct with a minor under Indiana Code § 35-42-4-9. This version of child molestation covers sexual activity when the victim is under 16, and the perpetrator is at least 24 months older than the victim. Indiana’s child molestation statutes are extremely fact-specific, and minor differences in age or actual alleged conduct can result in different felony levels.
How a Child Molestation Case Develops
Many child molestation cases start out with a phone call to the police, Department of Child Services, or a school official. After a report is filed, law enforcement will often coordinate interviews with witnesses, gather statements, and collect digital media before making an arrest.
Investigators will frequently conduct a recorded forensic interview of the alleged victim at a child advocacy center. Forensic interviews are done in a manner to reduce trauma to the child. These interviews are often used at trial, and the wording of the questions, the number of interviews conducted, and whether statements change over time can all affect the development of your case.
Sometimes allegations are made during divorces, custody battles, or personal conflicts. In other cases, allegations arise months or years after the alleged incident. Each situation is unique. One in four girls and one in six boys experience sexual abuse, according to the Indiana Center for Prevention of Youth Abuse & Suicide. Furthermore, 1 in 5 kids receives sexual solicitations online.
Evidence in a Child Molestation Case
The State must prove each element of the crime beyond a reasonable doubt. Oftentimes, there are no independent witnesses to the alleged crime. Instead, the state will use testimonial, medical reports, and digital media as evidence. Common examples of evidence include:
- Social media
- Text messages
- Eyewitness accounts
- Medical records
- Reports from counselors
Digital media and information stored on cell phones or computers are increasingly prevalent in criminal prosecutions. Law enforcement can seize phones, laptops, and computers for examination. Location information, text messages, and social media can all be used to support the State’s accusations.
Digital media must be obtained legally, though. Search warrants require probable cause and must be executed properly. If law enforcement goes beyond those parameters, some evidence may be suppressed.
Potential Penalties and Consequences
Child molestation is one of the most severely punished crimes under Indiana law. Convictions can result in decades in prison. A Level 1 felony carries with it a sentencing range of 20 to 40 years.
Sex offender registration is another long-term consequence of a child molestation conviction. In some cases, registration lasts for decades, or even for a person’s entire life. Registration can dictate where a person is allowed to live, work, and travel. Occupational licenses, employment opportunities, and housing may be restricted.
Defense Strategies in Child Molestation Cases
No two child molestation cases are exactly the same. Some defenses may attack the credibility of a statement or witness. Other defenses focus on the forensic interview process or digital media. The investigator’s timeline may also be challenged if there are inconsistencies.
Remember that the state has the burden of proof. Just because someone has been accused doesn’t mean that they will be convicted. The Prosecutor must prove their case beyond a reasonable doubt.
Hire a Child Molestation Lawyer
Just as you wouldn’t hire any doctor for your medical issues, you wouldn’t hire any lawyer for your legal issues; you would hire a specialist.
When you hire a child molestation lawyer who regularly handles serious felonies, you get organized and strategic representation. Major cases at The Criminal Defense Team are handled by at least two lawyers and a paralegal. Recorded interviews are listened to multiple times. Digital media is examined by professionals and reviewed by attorneys.
Contact The Criminal Defense Team
There are only six Board-Certified* Criminal Trial Specialists in Indiana, and five of them work at The Criminal Defense Team. Having an experienced Carmel child molestation attorney is vital when you are defending against these types of charges.
Accusations of child molestation are serious and should be taken seriously. If you have been accused of child molestation in Carmel or anywhere in Hamilton County, you should contact an attorney right away. Contact our office to speak with a member of our defense team.
* Andrew Baldwin, Kathie Perry, Maxwell Wiley, Kelly Pyle, and Michael C. Cunningham are Board-Certified* Criminal Trial Specialists, as certified by the National Board of Trial Advocacy. Find out why having a Board-Certified* Criminal Trial Specialist as your defense lawyer is important here.