Merely being accused of committing a sex crime can tarnish your reputation and contribute to the loss of your good standing in the community. The stigma that is attached to crimes like aggravated indecent assault invokes people to disregard the concept of being innocent until proven guilty, and treat you as if you are a monster. This is why it's important to retain an attorney that understands how these charges have affected your life, and makes clearing your name a priority.
People who have acquired aggravated indecent charges should know what they're up against. For the purposes of this article, we will address (1) what actions constitute as aggravated indecent assault in Pennsylvania, (2) the penalties you could possibly be facing if convicted of this crime, (3) and the potential defenses that could be applicable in your case.
What constitutes aggravated indecent assault in Pennsylvania?
According to Pennsylvania statutes, aggravated indecent assault occurs when a person penetrates the genitals or anus of another person for any purpose other than good faith medical, hygienic or law enforcement procedures. In order to be charged and ultimately convicted of this crime, a prosecutor must have clear and coherent evidence that proves a defendant committed this crime along with any of the following aggravating factors:
- Force was used or there was a threat of force
- An alleged victim was unconscious or aware of what was happening
- Any substances like drugs and alcohol were used to make an alleged victim unaware
- An alleged victim is younger than 13, or younger than 16 and the defendant was older than 20
- An alleged victim has a mental disability that gives them the inability to consent
Aggravated indecent is an incredibly serious crime in the state of Pennsylvania. It is a felony charge that warrants pretty harsh penalties upon conviction. The severity of the penalties a defendant is facing will depend solely on the nature of the crime.
Standard aggravated indecent assault is considered a second degree felony, which carries penalties of 10 years in prison and a fine of $25,000. The aggravated indecent assault of a child is classified as a first degree felony. If convicted, a defendant will be sentenced with a 20-year imprisonment term and a fine of $25,000.
The most important defense that can be provided for an aggravated indecent assault charge is proving that the alleged victim is an adult and that they gave consent. A skilled attorney will find evidence that supports your account of events, and make an effort to find faults, weaknesses, or contradictions in an alleged victim's accusations.
Philadelphia Criminal Defense Attorney
If you are facing aggravated indecent assault charges it may seem like the odds are against you. You will be facing an overzealous prosecutor and be subject to public condemnation before a trial will be able to determine your innocence or guilt. Skilled attorney Joseph D. Lento understands this and is willing to protect your rights in court. Contact him today for help.