Fishers Child Molestation Attorney
If you were accused of child molestation in Fishers, you know that your life can permanently change. These charges not only cause emotional stress, but they can also leave you facing life-changing penalties. Child molestation is aggressively prosecuted in Hamilton County. A Fishers child molestation lawyer at The Criminal Defense Team can help you understand your rights and advocate for you in court.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
The Criminal Defense Team is located in Indiana, but we defend people charged with crimes throughout Fishers and Hamilton County. Many felony trials will take place at the Hamilton County Judicial Center located at 1 Hamilton County Square, Noblesville, IN 46060.
At The Criminal Defense Team of Baldwin Perry & Wiley P.C., large cases are handled by a team of lawyers and a paralegal. All case files are thoroughly reviewed, including all recorded interviews, digital evidence, and investigator reports. Our former deputy prosecutor previously prosecuted numerous serious felonies and homicides. As a result, we know how the government investigates these types of cases and use this knowledge to our advantage with our current defense cases.
The Criminal Defense Team has five of the six attorneys in Indiana who are Board-Certified* Criminal Trial Specialists. To clarify, not all of our attorneys are Board-Certified,* but we have five who are. We have over a century of criminal defense experience, and we take each serious felony seriously.
Indiana’s Child Molestation Laws
Indiana’s child molestation statute is located at Indiana Code § 35-42-4-3. This statute makes it a crime to perform or submit to sexual activities with or on a child under the age of 14. There are several factors that go into determining the level of felony to which someone is charged. Some of those factors include the defendants’ and victims’ ages and the specific conduct alleged.
Many accusations will also trigger allegations of sexual misconduct with a minor under Indiana Code § 35-42-4-9. This type of child molesting charge involves a victim who is under the age of 16, and the offender is more than 24 months older than the victim. Indiana’s child molestation laws are extremely fact-specific, and small details can change what felony level someone is charged.
Child molesting is a crime punishable anywhere from a Level 4 felony to a Level 1 felony. In most situations, if the allegation is that a person had sexual intercourse or deviant sexual conduct with a child under the age of 14, they will be charged with a higher-level felony. If the victim suffered serious bodily injury or was forced into participating in the felony, the punishment could be worse.
Evidence Used in Child Molestation Cases
Sexual abuse affects one in four girls and one in six boys. The Indiana Center for Prevention of Youth Abuse & Suicide also says that 1 in 5 kids are solicited for sex online.
The state has the burden of proof. They must prove every element of the offense beyond a reasonable doubt. Often, there are no third-party witnesses to testify about what happened. Instead, the state will try to use testimonial, medical reports, and digital media as evidence. Some common types of evidence are:
- Eyewitness testimony
- Medical records
- Counselor reports
- Social media
- Text messages and emails
Digital Evidence
Digital media and data found on phones and computers are increasingly used in criminal prosecutions. Police can seize phones, laptops, and computers for analysis. Location data, text messages, and social media can be used to bolster the state’s claims.
However, any digital media needs to be obtained legally. Search warrants need probable cause and must be executed properly. Police cannot go outside of those guidelines when searching for evidence. If they do, some of the evidence may be thrown out.
Penalties for Child Molestation
Indiana law severely punishes individuals convicted of child molestation. A conviction in such a case can carry a lengthy prison sentence. Just a Level 1 felony carries a potential prison sentence spanning from 20 to 40 years.
Sex offender registration is another consequence you could face after being convicted of child molestation. In some situations, the registry lasts for decades, or even the convicted person’s entire life. Where a person can live, work, and travel can be impacted by sex offender registration. Some occupations, jobs, and housing will not be available.
Defense Strategies in Child Molestation Cases
Every child molestation case is different. Some defense cases attack how a statement was taken or the credibility of the witness. Other defense cases attack the forensic interview process or digital media. If there are discrepancies in the statement, we can attack the investigator’s timeline of events.
Keep in mind that the prosecutor has the burden of proof. The fact that someone has been accused of a crime does not automatically mean that they will be convicted of that crime.
Hire a Child Molestation Lawyer
You wouldn’t hire just any doctor when you have medical needs. You would hire a specialist who focuses on your needs. Likewise, when you have legal needs, you should hire a specialist, too. If you are currently being investigated for child molestation or have already been arrested, you should hire a child molestation lawyer as soon as possible.
You have the right to speak with an attorney before speaking with the police. Everything you say can be used against you in a court of law. The police can search your phone, laptop, and house. A search warrant could be granted without your awareness.
The Importance of Legal Support
Hiring a lawyer who focuses on serious felony child molestation cases provides strategic and organized legal support. Major felony cases at The Criminal Defense Team are staffed by at least two lawyers and a paralegal. Digital media is forensically examined by professionals and reviewed by our attorneys.
There are only six Board-Certified* Criminal Trial Specialists in the State of Indiana. Five of them work for The Criminal Defense Team. Hiring an experienced Fishers child molestation attorney is critical to your defense if you have been charged with child molestation.
Contact The Criminal Defense Team Today
Child molestation is not a charge to take lightly. If you or someone you know has been accused of child molestation in Fishers, Indiana, or anywhere else in Hamilton County, you should contact an attorney immediately. Contact us to speak with a member of our defense team today.
*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.