Fishers Sexual Battery Attorney
When you’re dealing with sexual battery charges, it can feel like your whole world is being questioned. When you are facing criminal charges this serious, you’re likely facing harsh penalties and judgment from others, as well as possible jail time. Allow a Fishers sexual battery lawyer to guide you through the legal process.
Sexual battery charges can be tricky. Many of these types of cases are predicated on consent and can become he-said-she-said. Prosecutors in Hamilton County will file charges as quickly as they get a complaint, then try to prove you’re guilty. Navigating the complexities of criminal law solo is tough, and a guilty verdict carries significant weight. The sooner you begin your defense, the better.
About The Criminal Defense Team of Baldwin Perry & Wiley P.C.
The Criminal Defense Team, also called Baldwin Perry & Wiley P.C., is a team of criminal defense lawyers serving clients in Fishers, throughout Hamilton County, and our surrounding counties. Our attorneys appear frequently in the Hamilton County Judicial Center located at 1 Hamilton County Square. From the beginning, we built our firm with the goal of providing the most aggressive felony defense.
Our approach is team first. Major cases are handled by a team of professionals. Every major case is handled by at least two lawyers and one paralegal. We thoroughly examine all police reports and related evidence. We take the same approach when preparing your defense.
Our team even includes a former prosecutor who spent their career prosecuting felonies and homicides. By fully understanding how prosecutors think and build cases against defendants, we have an advantage over the state. Our attorneys have over 100 years of collective experience. There are only six Board-Certified* Criminal Trial Specialists in Indiana. We’re proud to say that five of them work at The Criminal Defense Team.
Indiana Sexual Battery Laws
Sexual battery is defined by Indiana Code § 35-42-4-8. Under this statute, a person commits sexual battery if he or she knowingly or intentionally touches another person in a sexual manner. Sexual battery isn’t limited to intercourse. Any unwanted sexual contact can meet the definition of sexual battery as long as the state can prove the victim did not or could not consent.
Indiana charges occur when law enforcement or prosecutors believe two people engaged in sexual contact that was unwanted by the victim. Many issues that fall under sexual battery are heavily disputed. When you introduce the gray area of consent, witness testimony can become murky, and the facts become open to interpretation. Under the Indiana Code, a victim is considered not to have consented if:
- They were forced or threatened to submit by another person
- The victim was drugged, suffering from alcohol poisoning, or had a mental disability
- The victim was under the age of consent
Understanding Lack of Consent
Because sexual battery charges rest on the lack of consent, our firm knows how to expose holes in the state’s argument. It’s worth noting that in Indiana, consent can be granted and then later revoked at any time. Our attorneys know how to identify inconsistencies in the state’s version of events. We ask questions like:
- Was there a misunderstanding about the nature of your relationship?
- Does your timeline of events match up?
- Do you have any text messages or emails that prove your story?
When you are first contacted by law enforcement about sexual battery, anything you say can and will be used against you. You have the right to remain silent and contact a Fishers sexual battery attorney who can go over all of the details of your story.
Penalties in a Sexual Battery Case
In the US, 21.0% of women and 16.9% of men have experienced completed or attempted forced penetration, or rape. In addition, over one in five women (45.1%) have experienced contact sexual assault in their lifetime. Sexual battery is usually a felony offense in Indiana. If convicted, a person could face:
- Imprisonment (either jail or prison)
- Sex offender registration
- Loss of employment
- Difficulty finding housing
- Limited educational, occupational licensing, and travel opportunities, especially international
- Probation or parole
- Restrictions on your liberty, such as no-contact orders, home detention, or curfew
Felony convictions are often more serious if the victim was a young child and/or if the sexual battery involved kidnapping, bodily injury, or the use of a weapon. Sex offender registration will be required upon conviction in most cases. Once you are on the Indiana sex offender registry, you are there for life. Sex crime convictions cannot be expunged.
Hire a Sexual Battery Lawyer
You wouldn’t see just any doctor for your medical problems; you would seek a specialist if you needed one. When it comes to legal problems, you should do the same. Being investigated for or charged with sexual battery can be terrifying and overwhelming. You have the right to speak with a Fishers sexual battery lawyer at any time. A crucial step you should take right away is to hire a sexual battery lawyer.
The sooner we can analyze the evidence being used against you, the better prepared we can be. Police interviews often make or break a case. Remember, you have the right to remain silent, and you should definitely exercise that right by speaking with an attorney first. Do not try to clarify the situation with the police. Also, don’t sign anything until you’ve consulted your lawyer.
At The Criminal Defense Team, we utilize a team approach. Every case we take is reviewed by at least 2 lawyers and 1 paralegal. We thoroughly examine all available evidence, from police reports to forensic findings. Our team dives deep into your case from the start, building a defense plan tailored to you.
Contact The Criminal Defense Team
There are only six Board-Certified* Criminal Trial Specialists in Indiana. Five of them work at The Criminal Defense Team. We understand the law and can advocate on your behalf to protect your rights.
Contact The Criminal Defense Team today to speak with a Fishers sexual battery defense attorney. We can review the evidence, combat 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.