Carmel Sexual Battery Attorney
Facing sexual battery charges can feel like your entire life is under investigation. Facing charges as serious as these means you’re likely grappling with severe repercussions and moral scrutiny, as well as the possibility of incarceration. In these cases, a Carmel sexual battery lawyer can help you in the legal process.
Sexual battery cases aren’t always straightforward. Many of these charges rely on a lack of consent and can be open to interpretation. Prosecutors in Hamilton County typically file charges as soon as they receive a complaint, and they work tirelessly to prove you guilty once charged.
Since criminal laws are difficult to navigate alone and the consequences of a conviction are life-altering, it’s important to hire a lawyer right away. That way, you have an experienced ally who can start developing your legal strategy as soon as possible.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
At The Criminal Defense Team of Baldwin Perry & Wiley P.C., we are a group of criminal defense attorneys serving clients in Carmel, Hamilton County, and the surrounding areas. Our firm frequently appears at the Hamilton County Judicial Center, located at 1 Hamilton County Square. Our firm was built from the ground up for serious felony defense.
We operate with a team-first mentality. Serious cases are handled by a team, typically involving at least two lawyers and a paralegal. We thoroughly review evidence and case timelines so that no stone is left unturned when preparing your defense.
The Criminal Defense Team includes a former prosecutor with extensive experience in major felony and homicide cases. Understanding the prosecution’s tactics and how they build cases against defendants allows our firm to stay one step ahead of the state. Collectively, our legal team boasts more than a century of experience in defense work. There are six Board-Certified* Criminal Trial Specialists in Indiana, and our firm proudly employs five of them.
Understanding Sexual Battery Laws in Indiana
Sexual battery falls under Indiana Code § 35-42-4-8. According to this law, a person can be found guilty of sexual battery if they knowingly or intentionally touch another person in a sexual manner. It’s not just about intercourse. The statute covers any sexual contact, as long as the state can prove the victim didn’t consent or couldn’t have.
Indiana charges sexual battery when officers or prosecutors determine that two people had unwanted sexual contact. Cases labeled as sexual battery are often heavily contested due to the gray areas of consent. Often, these details muddy up witness testimony and leave the facts of what happened open to interpretation. The Indiana Code states that a lack of consent can occur when:
- Force or threat of force is used
- A person is incapacitated by drugs, alcohol, or a mental disability
- Someone under the age of consent is involved
Sexual Battery Requires Lack of Consent
Because consent is key to sexual battery charges, proving that sexual contact occurred without consent is the prosecutor’s burden. In Indiana, someone can consent to sexual contact one minute and withdraw their consent the next. Our legal team knows how to draw out inconsistencies in the state’s case. We consider the following questions:
- Was there miscommunication about the relationship?
- Is the timeline of events accurate?
- Are there text messages or emails that can be used to support your claim that the contact was consensual?
If you have been accused of sexual battery, everything you say to law enforcement can be used to build a case against you. Remember, you have the right to remain silent and hire a sexual battery lawyer who can investigate every angle of your story.
Penalties for Sexual Battery in Indiana
In the US, 21.0% of women reported a rape that was either attempted or completed, and more than half (45.1%) had experienced contact sexual assault at some time in their lives.
Over one in six men (16.9%) in the United States reported having suffered some form of contact sexual violence at some point in their lives, and 3.2% of men report having been raped or having tried to be raped. Sexual battery is considered a felony in Indiana. Those convicted of sexual battery can face:
- Jail or prison time
- Sex offender registration
- Probation or community supervision
- Restrictive conditions, such as no-contact orders, home detention, or curfew
- Loss of job opportunities
- Inability to secure housing
- Diminished opportunities for education, occupational licensing, and international travel
Convictions can be even more severe if the victim was a young minor and/or if the battery involved kidnapping, serious bodily injury, or the use of a weapon. Conviction also often requires registration on the sex offender registration. Once you’re listed on the Indiana sex offender registry, it’s a permanent record. Sex crime convictions, unlike some other offenses, aren’t eligible for expungement and remain on your record forever.
Hire a Sexual Battery Lawyer as Soon as Possible
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.
Facing an investigation or charges for sexual battery is scary and stressful. You have the right to consult with a Carmel sexual battery attorney at any time. One of the most impactful choices is to promptly secure a sexual battery defense attorney. The earlier we can review the evidence against you, the stronger your defense can be.
Interviews with law enforcement can determine the outcome of your case. Before you say anything, remember you have the right to remain silent and should speak with a lawyer first. Do not try to explain yourself to the police, and do not sign anything without speaking to your attorney.
Contact The Criminal Defense Team Today
When you choose The Criminal Defense Team, you benefit from a team approach. Each case that we consider is reviewed by at least 2 attorneys and 1 paralegal. We thoroughly examine all available evidence, from police reports to forensic findings. This allows us to go deeper into your case from the beginning and prepare a defense strategy tailored to your situation.
There are only six Board-Certified* Criminal Trial Specialists in the State of Indiana. Five of them practice law at The Criminal Defense Team. Contact us today to speak with a Carmel sexual battery defense attorney. We can examine the evidence, represent you against the prosecution, and advocate for your rights.
*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.