Fairfax, VA Sex Offense Lawyer

Sexual assault covers a wide range of criminal offenses, all of which are punished severely under Virginia law. Still, you’re entitled to your day in court to fight the charges, and our Fairfax VA Sex Offense Lawyer at Leary Law can help. We’re committed to delivering experienced representation in many types of criminal cases, including sexual assault. Please contact our firm to schedule a no-cost consultation at our offices in Fairfax or Manassas, and read on to learn how a Fairfax VA Sex Offense Lawyer can assist with your case.

Sexual assault is an umbrella term to describe intentional touching, intercourse, or other acts of a sexual nature, which are committed without the other person’s consent. Article 7 of the Virginia Code  itemizes many different forms of prohibited conduct, including:

• Rape, which is sexual intercourse with a person by use of force, threats, or intimidation;
• Object Sexual Penetration or using an item to penetrate the genitals of the victim;
• Sexual Battery, which is defined as sexual abuse, molestation, or intentional touching of the genitals; and,

Carnal Knowledge of a Child, a crime involving sexual intercourse with a 13 or 14 year old child without use of force.

Your potential sentence for sexual assault depends upon which of the specific crimes you’re convicted on, plus many other factors. The age of the victim, presence of violence, prior criminal activity, and many other considerations affect your punishment. However:

• Your sentence may be up to 12 months’ incarceration and a $2,500 fine for a Class 1 Misdemeanor, such as Sexual Battery;
• For a Class 4 Felony, such as Carnal Knowledge of a Child, you could be sentenced to 2-10 years in prison and a maximum fine of $100,000;
• It’s a Class 6 Felony if you’re convicted of a sexual assault crime two times in the 10 years prior to the current sexual assault offense. You face up to five years in prison; and,
• A conviction for rape carries a mandatory minimum of five years’ incarceration, but it could be up to life in prison in the discretion of the judge or jury.

In addition, some sexual assault convictions may trigger the requirement to register as a sex offender. Keep in mind that a conviction will also appear on a background search, which could lead to problems with employment, housing, and other personal matters.

At the outset, your initial defense is to attack the prosecution’s evidence. The prosecutor must prove that you’re guilty beyond a reasonable doubt, a very high standard of proof. In some cases, the victim’s allegations are false, unfounded, or motivated by other interests. Your criminal defense attorney will pinpoint weaknesses in the charges and, if there are any questions or uncertainty, you must be acquitted.

In addition, the victim’s consent may be a defense in certain cases. The exceptions are when the victim is too young or mentally incapacitated, in which that person isn’t capable of legally providing consent. Note that mistake of the victim’s age is no defense, regardless of whether he or she lied to you.

Virginia law is tough on sexual assault crimes, so the best defense strategy is retaining a knowledgeable lawyer to fight for your rights in court. To learn more about your defense options, please call our Fairfax VA Sex Offense Lawyer at Leary Law to speak with a member of our team. You can reach our offices in Fairfax or Manassas by calling 703-359-7111 or visiting our website. We can set up a free consultation to review your circumstances and explain how these cases work.