Virginia Sex Crimes Defense Lawyers
Because of the harsh penalties set by state law, being charged with rape other any other sex crime in Virginia is a very serious matter, requiring specialized and aggressive legal defense. The criminal defense lawyers at Livesay & Myers represent clients in Fairfax, Woodbridge, Manassas, Stafford, Spotsylvania, and Fredericksburg, Virginia on sex crimes charges. Our representation of clients charged with sexual offenses covers all stages of the criminal process, and a large number of sex crimes.
Sex Offenses Under Virginia Law
Virginia law defines a number of sexual offenses or "sex crimes," which include:
- Rape
- Sexual Battery
- Aggravated Sexual Battery
- Carnal Knowledge
- Indecent Liberties
- Forcible Sodomy
- Object Sexual Penetration
- Attempted Rape, Attempted Forcible Sodomy, Attempted Object Sexual Penetration, Attempted Aggravated Sexual Battery, Attempted Sexual Battery
- Sexual Abuse of a Child
Click here to review the maximum punishments for these sex crimes, which include significant jail time and fines. In addition, conviction for one of these sexual offenses could impact one's career and security clearance.
Subsequent Convictions of Certain Felony Sexual Assault Crimes
If you are a defendant charged with a second or subsequent conviction for a felony sex offense such as Carnal Knowledge, Aggravated Sex Battery, Crimes Against Nature or Indecent Liberties, you should be aware that upon a conviction, you will sentenced to the maximum term authorized by statute and will not be eligible to have any of the time suspended. Also, a subsequent conviction of a violent felony sexual offense such as Rape, Object Sexual Penetration, or Forcible Sodomy will result in a sentence of life imprisonment with no eligibility for suspended time.
Obtaining Bond After a Sex Crime Charge
In Virginia, there is generally a presumption against bond for defendants charged with felony sex crimes including Indecent Liberties with a Minor, Aggravated Sexual Battery, Rape and Carnal Knowledge. So, to obtain bond for a defendant charged with such a sex crime, a criminal defense lawyer must file and argue a bond motion before the court. At the bond motion hearing, the attorney must present evidence overcoming the presumption that the defendant is a flight or public safety risk. If a defendant charged with a felony sex crime wishes to obtain bond, legal representation is usually necessary, since the Commonwealth Attorney’s Office will likely oppose bond.
Preliminary Hearing on Sex Crime Charges
A criminal defendant who has been charged with a felony sex offense but not yet indicted by a Grand Jury has a statutory right to appear for a preliminary hearing prior to formal indictment of the charges. This hearing, used to determine whether there is sufficient cause to charge the defendant with the felony sex offense, requires representation from an aggressive defense attorney experienced and knowledgeable in sex crimes cases. Although the defendant does not enter a plea to the charges, there are a number of tactical decisions made at the preliminary hearing on felony sex crimes charges which may affect issues such as bond, a potential plea offer, or progression of the matter to the Circuit Court for a jury trial.
Discovery in Felony and Misdemeanor Sex Offense Cases
Discovery generally refers to the process of finding out what evidence is in the possession of the Commonwealth Attorney’s Office-- the prosecutors-- that the prosecutors may or may not rely upon in prosecuting a criminal defendant charged with a felony or misdemeanor sex offense. Discovery requests filed on behalf of a criminal defendant charged with a misdemeanor or felony sex offense are very difficult, since discovery is limited. In other words, Virginia procedural law prevents defense attorneys from requesting certain information from the prosecutors such as: 1) witness lists identifying who the Commonwealth will call as a witness against the defendant charged with a sex offense, 2) statements of the alleged victim made to law enforcement or to the prosecutors and 3) some medical reports related to the sexual contact between the alleged victim and the criminal defendant. As a result, a defendant charged with a misdemeanor or felony sex offense will need an attorney who is (a) familiar with the rules of discovery and (b) able to obtain information from other sources.
Use of Experts in the Defense of Individuals Charged With Sex Crimes
Our criminal lawyers have reputable relationships with psychologists and private investigators throughout Virginia, valuable in the defense against sex crimes charges. Use of such experts is sometimes required in cases where the alleged victim is a child or the defense is not able to obtain needed information through the limited discovery process in Virginia.
Representation at Trial
For a defendant charged with a felony sex offense, trial will likely be by jury. Virginia prosecutors are permitted to request a jury even when the defendant requests the case be heard and decided by a Judge. With sex crimes, the prosecutors will likely request a jury. The jury will hear the evidence, determine guilt or innocence, and upon a finding of guilt, decide the punishment. Our Virginia criminal attorneys are experienced with representation of criminal defendants charged with sex crimes in jury or bench trials. They are knowledgeable in handling cases where the alleged victim is a minor, and in trial of internet sex crimes cases.
Sentencing
Following conviction or acceptance of a plea offer from the prosecutors, a defendant found guilty of a felony or misdemeanor sex crime will face a sentencing hearing. Our attorneys offer assistance at this stage as well. Aggressive representation will be necessary at sentencing, when the court will hear detailed information about the criminal defendant’s prior record, detailed information about the defendant’s social history and information about the crime itself. At this stage, an aggressive criminal defense lawyer can present mitigating evidence concerning the crime, and call witnesses such as the defendant’s family or relevant experts, for the Judge to hear prior to deciding the defendant’s punishment. If the defendant is tried and sentenced by a jury, the defense attorney can present this evidence to the jury.
Our Virginia Sex Crimes Defense Lawyers
Ghislaine Storr Burks is the lead defense lawyer at Livesay & Myers for sex crimes cases throughout the Northern Virginia and Richmond areas, including Fairfax, Arlington, Alexandria, Manassas, Woodbridge, Prince William County, Henrico, Hanover, Richmond, Caroline, King George, Stafford, Spotsylvania & Fredericksburg, Virginia.
Ms. Storr Burks offers free initial consultations in sex crimes cases, felony and misdemeanor, including Indecent Liberties, Sexual Battery, Rape and Carnal Knowledge charges. Contact us to schedule your free consultation with an experienced Virginia sex crimes defense attorney today.
