Rape and Sexual Assault Attorney
If you are here, chances are it’s because you or someone you know or love may need legal advice on a sex assault or rape charge. The distress and worry you are experiencing can be difficult to contain. But let me remind you that you have rights, and I will defend your rights ’til the end should you decide to retain me as counsel. Call me right now; there’s no charge for the consultation. If I don’t pick up, I will be back to you shortly. It’s quite possible I can assess the rape or sex assault charge you are facing, and help you find you way with or without me.
The crime of sexual assault or rape can invoke a strong reaction from our society, and even if you are not convicted, this type of criminal charge can irrevocably alter your life, affecting your family relationships. If you are convicted, these types of charges have extremely serious sentencing consequences, and time is of the essence in starting to build a strong defense to protect your freedom.
If you charged with Sexual Assault, contact Howard Bailey at 973-982-1200 for a free consultation to discuss what steps you need to take immediately to protect your freedom.
Defending a Charge of Rape or Sex Assault
A conviction for Sexual Assault has severe sentencing consequences which include a long prison term, a long period of parole ineligibility (you stay in prison longer), and when you are finally released you will be required to register as a Registered Sex Offender. In a recent case, Howard Bailey represented a client charged with Sexual Assault and Endangering the Welfare of a Child, where the victim was a family member. Based on factual issues and legal defects in the State case, the charges were dropped to a 4th degree offense with the client sentenced to 1-year of probation, and the client was not required to register as a sex offender.
Understanding a Sex Assault or Rape Charge
There are different grades of sex assault crimes, the most serious of which involve the use of a weapon to commit the crime, when sex is forced on the victim while committing another crime, or sex with a victim who is physically or mentally handicapped. Mr Bailey represented a client charged with the rape of a mentally handicapped victim. Based on a defense investigation, it was established that the adult victim had enough knowledge and mental capacity to establish that the sex had been initially consented to – and initiated by – the victim, and a negotiated plea was worked out lower than what the prosecution had offered.
Building a Defense to Rape or Sex Assault
Preparing yourself to give testimony as a witness is essential, so you will have confidence taking the witness stand in your own defense if you want to, which in this type of case may be a good way to counter any ‘sympathy’ the victim gets from having to testify against you in front of the jury. In addition, the prosecution will often use experts to build their case against you. To properly defend you, it is important for the defense to evaluate the strength of the evidence, and determine whether the defense should use their own expert to challenge the State’s evidence. If you are charged with this type of crime, it is critical that you consult immediately with a knowledgeable criminal defense specialist. Call Howard Bailey at 973-982-1200 to see how his representation can benefit you.
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