Have you been charged with sexual battery in the state of Indiana? If so, you are probably worried about the possibility of being sent to prison for a very long time.
You may also be concerned about your arrest’s impact on your reputation, both personally and professionally.
However, despite the heavy burden that currently rests on your shoulders, you should not wallow and wait for the state to punish you. Instead, you should stand up, reach out to an experienced Indianapolis Sexual Assault/Battery Attorney, like those here at Suhre & Associates, LLC, and begin fighting to clear your name.
The Benefits of Hiring a Suhre & Associates, LLC Attorney to Defend You Against Your Sexual Assault/Battery Charge
At Suhre & Associates, LLC, we believe it is our duty to make it as difficult as possible for the state of Indiana to convict our clients. When you hire one of our attorneys to represent you in your sexual abuse case, we will:
Protect Your Constitutional Rights
When investigating and prosecuting you, the state of Indiana must respect your rights.
Despite this obligation, however, police officers and prosecutors have been known to cross the line from time to time. In doing so, they can make it much more difficult for you to clear your name.
Having worked within the legal field for years, our lawyers are experts at spotting rights violations. If we notice any in your case, we will raise the matter with the judge immediately. As a result, we may be able to get some of the evidence against you thrown out.
Gather Exculpatory Evidence on Your Behalf
Sometimes, the best way to get a sexual battery case dismissed is to show that you could not have committed the offense. To do so, you will need evidence that you were elsewhere or otherwise occupied at the time the offense occurred. This evidence generally comes in the form of witness testimony or surveillance footage.
When you hire a Suhre & Associates, LLC attorney, we will search for this proof on your behalf. If we can successfully find it, we will present it to the judge and the prosecutor. As a result, we might be able to get your charge dropped immediately.
Represent You in Court
The vast majority of sexual battery cases never make it to trial. They are usually dismissed or resolved through a plea bargain agreement long before a court date can be set. However, if yours is one of the few cases that does end up going to trial, you can count on us to be by your side throughout the process.
Our attorneys have been representing clients in courtrooms through Indiana for years. With us on your side, you can be confident that you will receive a fair hearing at your trial.
Would you like to have our sex crime attorneys on your side as you battle to clear your name? If so, just shoot us a message to set up a free consultation at our Indianapolis law offices.
Sexual Assault and Battery Under Indiana Law
Some states have multiple separate statutes that outlaw sexual assault and battery. In the Hoosier State, however, almost all such cases are prosecuted under section 35-42-4-8 of the Indiana Code.
This law states that a person may be charged with sexual battery if they, with intent to arouse or satisfy their own sexual desires or the sexual desires of another individual:
- Touch another person when that person is compelled to submit by force or the imminent threat of force
- Touch another person when that person has a mental disability that prevents them from providing consent
- Touch another person’s genitals, buttocks, pubic area, or breast when the other person is unaware of the touching
Violations of this offense are generally punishable as Level 6 felonies under Indiana law. However, they may be upgraded to Level 4 felonies if:
- The offense is committed by using or threatening the use of deadly force
- The offense is committed while armed with a deadly weapon
- The offense is committed by drugging the victim without their knowledge
The attorneys here at Suhre & Associates, LLC are well-versed in Indiana’s sex crime statutes. Over the years, we have defended clients against offenses including sexual battery, child molestation, and sexual misconduct. If you would like to have us help you with your legal issue, just give us a call and schedule a free consultation with a member of our team.
Consequences of a Sexual Assault/Battery Conviction in Indiana
The negative consequences of sexual battery convictions in the state of Indiana are largely dependent on the felony level associated with the offense.
Individuals who are found guilty of committing a Level 6 felony in Indiana may be sent to prison for up to two and a half years. They may also face a fine of up to $10,000.
People who have been convicted of a Level 4 felony in the Hoosier State can likewise be fined as much as $10,000. However, they can also be sentenced to a prison term of up to 12 years.
First-time offenders generally receive criminal penalties that are below the maximums outlined above. However, the Indiana judicial system tends to punish repeat offenders much more severely.
Sex Offender Registration
In addition to their prison sentence and fine, individuals who are convicted of sexual battery are almost always required to register as a sex offender. In most cases, they will be required to remain on the registry for 10 years. However, if they are repeat offenders or are classified as a “sexually violent predator,” they may be forced to register for the rest of their life.
Individuals who are registered as sex offenders in Indiana are generally required to adhere to the following terms:
- Residency Restrictions: Sex offenders usually have to live more than 1,000 feet from schools and more than a mile from their victim.
- Internet Monitoring: Sex offenders must install monitoring software on their internet-connected devices.
- Computer Searches: Sex offenders must allow law enforcement to search their computers at any time.
- Website Restrictions: Sex offenders may not visit websites that are regularly used by minors.
- Social Media Restrictions: Sex offenders cannot message minors through social media sites.
- Relationship Restrictions: Sex offenders are often forbidden to engage in sexual conduct with an adult who has a minor child.
- Employment Restrictions: Sex offenders are almost never allowed to work around children.
- Notification Requirements: Sex offenders are often required to tell their housemates and family members about their status.
- Alcohol Restrictions: Sex offenders are frequently prohibited from drinking alcohol, even in small quantities.
Individuals who are required to register as sex offenders and forced to adhere to the terms outlined above often suffer collateral consequences, such as:
- Difficulty finding a job
- The loss of a professional license
- Child custody issues
- Difficulty finding suitable housing
- Decreased privacy
If you need a criminal defense attorney to help you try to avoid the negative consequences of a sexual battery conviction, please do not hesitate to contact the Suhre & Associates, LLC team here in Indianapolis, Indiana.
Defenses Against Sexual Assault/Battery Charges
Sexual battery arrests do not have to become sexual battery convictions. With the help of an effective defense strategy, it is often possible to have such a charge dismissed or reduced to a lesser offense.
A short sampling of some of the most commonly used defense strategies in Indiana sexual battery cases would include:
Lack of Evidence
To convict someone of sexual battery, the state must be able to present plenty of evidence to back up its claims. If they are unable to do so, a defense attorney can argue that they have failed to prove their case. If this argument is successful, the charge will most likely be dismissed or the defendant will be found not guilty.
Arguing the presence of consent is a highly effective defense strategy for most sexual offenses. If a lawyer can show that all the touching that occurred was done with the permission of the victim, they should be able to get their client’s sexual battery charge thrown out or reduced. Witness statements and video footage can often prove crucial when trying to show the presence of consent.
Being the victim of sexual battery can be an incredibly traumatizing experience. The mix of emotions that follows such an event can sometimes cause the victim to accidentally misidentify their attacker. When this happens, defense lawyers can often use witness testimony or GPS data to prove that their client did not commit the offense.
Do you need help devising an effective defense strategy for your case? Contact our Indianapolis attorneys today to set up a free consultation.
Your Trusted Indianapolis Sexual Assault Attorney
When the people of Indianapolis need a criminal defense attorney, they know that they can turn to Suhre & Associates, LLC. Our law firm represents clients who have been charged with a wide range of sex crimes. To have us represent you in your sexual battery case, just give us a call to arrange an initial consultation.