Fishers Rape Attorney
One accusation of rape can change your life forever. Before any evidence is tested at trial, people’s lives and reputations are forever destroyed. If you are in need of a Fishers rape lawyer, you understand how life-changing criminal charges can be. At Criminal Defense Team, we understand that rape charges are taken seriously in Hamilton County. Bond conditions, media attention, and social stigmas can change your life before your case ever goes to trial.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
Baldwin Perry & Wiley P.C., or The Criminal Defense Team, builds strong defense cases for our clients facing serious rape charges throughout Hamilton County, Indiana. We have a strong track record of success with these cases. Our team handles cases at the Hamilton County Judicial Center located at 1 Hamilton County Square, Noblesville, IN 46060. Defending our clients against serious felonies such as rape charges is what we do.
We pride ourselves on handling all serious matters with our team model. This means that at least two attorneys and a paralegal are assigned to every serious case. We want to make sure we leave no stone unturned. Our attorneys attack every case from various angles, analyze the legal issues at hand, and critique our game plan. We have former prosecutors on staff with experience handling major felony and homicide cases.
Our former prosecutor knows how the State will approach your case and prepare for trial. Our firm has five Board-Certified* Criminal Trial Specialists. There are only six Board-Certified* Criminal Trial Specialists in the State of Indiana and five work with us. Given the potential for lengthy sentences, you’ll want a law firm that is well-versed in high-profile cases and approaches every case with an unwavering focus on courtroom strategy.
Understanding Indiana Rape Laws
In the United States, 45.1% of women had experienced contact sexual assault at some point in their lives. Out of those women, 21.0% had experienced a completed or attempted rape. Around 3.2% of males in the United States have reported being raped or attempted rape. More than 1 in 6 men (16.9%) reported being a victim of some form of contact sexual violence during their lifetime.
Indiana law says that a person who knowingly or intentionally has sexual intercourse with another person commits rape if:
- The intercourse is performed by using force or the threat of force
- The other person is unaware that the sex is happening
- The other person has a mental disability
- The person is aware that the other person is mentally disabled or unable to consent to the sexual intercourse due to their mental disability
Rape is typically charged as a Level 3 felony. If bodily injury or deadly force is involved in aggravating factors such as slipping the victim a controlled substance unknowingly to them, rape can be charged as a Level 1 felony.
Understanding Consent
Most rape cases don’t turn on whether or not sexual intercourse took place. Most rape cases turn on whether sexual intercourse was consensual. Consent becomes a murky issue when:
- The two parties have/had a romantic relationship
- Alcohol played a factor, especially consensually
- The victim recants their statement
- The victim reports the incident long after it has happened
- Evidence does not support the accusations
For the prosecutor to get you convicted, they have to prove every element of that crime beyond a reasonable doubt. Without sufficient proof of the encounter’s criminal nature, the case will likely fail.
Indiana Rape Penalties
Indiana takes rape seriously and sentences accordingly. Rape is a Level 3 felony punishable by 3-16 years imprisonment. Rape can also be charged as a Level 1 felony punishable by up to 20-40 years in prison. Rape convictions carry other penalties, including:
- Permanent criminal record
- Extended probation supervision
- Restrictions on where you can live/work
- Mandatory registration as a sex offender
Facing a rape charge in Fishers is one of the most serious accusations that you can face. Penalties include lengthy prison time and registration as a sex offender.
What to Do if You’ve Been Charged
If you receive a phone call from the police or are arrested and charged, remember to stay silent. You have the right to remain silent, and you are under no obligation to speak with the police in the presence of your attorney. Anything you say to them during the early stages of an investigation can be used against you during a trial.
You should not contact the alleged victim or potential witnesses to the crime. Regardless of whether you think it is a simple disagreement, keep your discussions with your lawyer only. Not only can speaking with others complicate your case, but it could also result in additional charges being filed against you. You should also go offline on all social media. Emails, texts, and social media posts are commonly used during police investigations.
Lastly, you should contact a Fishers rape attorney immediately. The earlier we can get involved in your case, the sooner we can review the evidence against you, make sure the investigation was conducted properly, and begin working on your defense strategy.
Hire a Rape Lawyer
You wouldn’t see just any doctor when you are sick, and you would hire a specialist to handle medical problems. When you have legal problems, you should do the same.
When you hire a rape lawyer who concentrates their practice on the defense of serious crimes, it also means that you have strategic planning starting from day one. Serious cases are never handled by any one attorney here, who takes on excessive caseloads. Our attorneys assign at least two attorneys and a paralegal to every serious case. They review every serious case together, which allows us to analyze discovery more deeply and delegate trial preparation.
At our firm, we have five Board-Certified* Criminal Trial Specialists, and we only practice criminal law. There are only six total Board-Certified* Criminal Trial Specialists in Indiana. When you are facing the possibility of decades in prison, you want a lawyer who focuses on the evidence of crime labs and aggressively defends you against prosecutors in court.
Contact The Criminal Defense Team Today
Getting charged with rape is scary and can feel like you are facing the situation alone. The legal system hinges on evidence, process, and constitutional protections. The prosecutor has to prove their case against you. All their evidence must be obtained legally, and they have to prove every allegation. Here at our firm, we have rape defense lawyers who can look over the evidence being used against you, challenge the state’s evidence, and advocate for the optimal outcome.
Contact us today if you need defense against charges in Fishers or anywhere else in Hamilton County. We know rape laws and can explain how they apply to you.
*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.