Virginia Sexual Assault Lawyer
SEXUAL ASSAULT LAWYER FAIRFAX VA
HIRING A SEXUAL ASSAULT LAWYER FAIRFAX VA - RATIONAL MOTIVE
Sex assault is a serious offense and requires strong guidance from skilled sexual assault lawyer Fairfax VA. Each case is unique and requires different solutions depending upon the sensitivity and severity of the case. An expert sexual assault lawyer Fairfax VA is ideally appropriate to fight your case. The Law Offices of SRIS, P.C. has extensive knowledge in handling sexual assault cases and their lawyers in Fairfax VA understand the laws and the governing jurisdiction.
Explicating sexual assault
The term is a little confusing and it may seem as if it covers all sex crimes during a particular situation and a specific crime during another situation. A lawyer Fairfax VA may be in a better position to explain. It may be said that crimes of this type vary from one state to another and at the federal level. In general terms, it is defined as the sexual touching of a person towards another.
It may be noted that rape, severe battery or threatening to death, serious physical injury, kidnapping are aggravated sexual assault. Moreover, if the victim is a minor or if you are unable to prove consent it may either fall into state or federal crimes and needs the assistance of an experienced lawyer in Fairfax VA.
Difference between sex crimes and sexual assault
A crime can be categorized as a sex crime if involves an attempt, severe in nature, timing of the crime, and its repeated occurrence. If it is severe like rape, causing physical injury, sexual abuse, or aggravated sexual assault it can be a sexual crime. In the case of sexual assault, it can either be a misdemeanor charge or felony, and depending upon the crime severe penalty is meted out. Extremely serious or aggravated crimes are called felonies and only skilled lawyer Fairfax VA can save you.
State or federal crime
Confusion prevails on whether the sexual assault falls within the purview of the state or federal crime and only a skilled lawyer Fairfax VA can explain the difference. The state has its own set of laws to handle sex assault cases and some of the harshest punishments are meted out on a conviction. Based on the specifics, the case can be tried in state or federal courts. If the federal law is violated, it means the state law has also been violated and the accused can be tried in either federal or state court. The Supreme Court has held that the same case can be tried in different courts for different violations and the punishments vary. This type of situation is called double jeopardy. Contact a lawyer in Fairfax VA immediately.
Those charged with sexual assault should remember that it is a charge and not a conviction and needs the guidance of lawyer Fairfax VA. The accused can exercise their right to a fair trial. The allegations should be proved beyond doubt before the accused is convicted.
Some of the federal sex crimes include:
- Any sexual contact or behavior by one on another without their consent falls under federal sexual assault and if accused, call a lawyer at Fairfax VA immediately. It includes sexual fondling, attempted rape, incest, child molestation, forced intercourse. The penalty includes fines to imprisonment. Moreover, the guilty will be required to register at the sex offender’s registry. This database tracks the sex crime convicts. Prevent a criminal record with the help of lawyer Fairfax VA.
- The registration has a serious impact on the lives of the convict and their family. Their employment present and future is in jeopardy. Based on their place of residence, the convict is prohibited from visiting public places such as parks or the vicinity of schools. If you are accused, the first thing to do is to engage a reputed sex assault lawyer Fairfax VA.
Proving a sexual assault in Fairfax VA is a tedious task and needs the assistance of reputed and experienced lawyers. The prosecution has the burden of proof on them and the following has to be proved beyond doubt:
- The defendant did not have permission to touch the victim and it was done against their wish. If this is not proved the job of a sexual assault lawyer in Fairfax VA becomes easy and the accused can find a way out of jail.
- The defendant touched the intimate parts of the victim either directly or indirectly. The sexual assault lawyer in Fairfax VA can resolve the case if the proof is not established.
- The defendant touched inappropriately to arouse for sexual gratification or abuse. If the touch was meant medically or professionally it becomes tough for the prosecutor to prove guilty the accused. The job of sexual assault lawyer Fairfax VA becomes simple if the touch is for treatment and not pleasure.
There are many strategies used by sexual assault lawyer Fairfax VA in defending their clients. The defense is designed based on whether it is a felony or misdemeanor charge. Some common defenses:
- Consent: The sexual assault lawyer Fairfax VA may argue that the whole process was based on the consent of the other person and the prosecutor must prove that there was no consent for the alleged action. However, consent is a tricky defense to prove by the lawyer Fairfax VA and at times may not be considered a tangible offense. It could also weaken the defense. The process can get complicated if the defendant has a past history of the crime. If the prosecutor is able to bring in previous sexual assaults, then the judge or jury may not take it lightly.
- The sexual assault lawyer Fairfax VA may look to discredit the victim by proving situations of revenge against the accused and thereby accusing of unrealistic charges. The sexual assault lawyer Fairfax VA may also look for similar situations brought up by the victim earlier. Sometimes there may be a situation where the accuser or the victim is forced by a third party to malign the image of the defendant.
The Law Offices of SRIS, P.C., and their experienced lawyer in Fairfax VA handling similar cases can come up with a suitable defense strategy to bail you out of the situation.