If you are charged with any type of sex crime in Pennsylvania, it can cause serious disruptions to your life. An aggravated indecent assault conviction could result in years in prison and mandatory registration as a sex offender for the rest of your life.
If you are facing these types of charges, it is critical for you to understand your rights and the potential penalties if you are convicted. Because of the high stakes involved, you should retain an experienced criminal defense lawyer at DiCindio law for help with fighting against the allegations against you. We can help you to understand the prosecutor’s case and the defenses that you might be able to raise.
What Is Aggravated Indecent Assault In Chester County, Pennsylvania?
Aggravated indecent assault is defined by 18 Pa.CS 3125. Under this statute, an aggravated indecent assault occurs when a person penetrates the anus or genitals of a victim with any part of his or her body. The penetration can be slight. The statute does not include penetrations performed by law enforcement officers or medical professionals when completed in good faith.
This type of offense occurs under any of the following circumstances:
- The penetration occurs in the absence of consent.
- The penetration occurs by forcible compulsion.
- The actor threatens forcible compulsion to penetrate the victim to the degree that the victim is unable to resist.
- The victim is unconscious or is otherwise unaware that he or she is being penetrated.
- The actor has administered drugs or intoxicants to impair the victim’s ability to resist or control what is happening.
- The victim has a mental disability that prevents him or her from consenting.
- The victim is younger than age 13.
- The victim is younger than age 16, and there is an age difference of four or more years between the victim and the actor.
When a person uses forcible compulsion, threatens forcible compulsion, administers intoxicants, or the victim is unconscious or mentally disabled and is younger than age 13, the person can be charged with aggravated indecent assault of a child.
What Are The Penalties For Aggravated Indecent Assault In Chester County, Pennsylvania?
In general, aggravated indecent assault is a second-degree felony in Pennsylvania. If you are convicted of this offense, you can face from five to 10 years in prison and a fine of up to $25,000.
If you are convicted of aggravated indecent assault of a child who is younger than age 13, it is a first-degree felony. This type of conviction can result in a prison sentence of 10 to 20 years and a fine of $25,000.
Under 42 Pa.CS 9799.14, aggravated indecent assault is classified as a tier III sex offense. Tier III sex offenders will be sentenced to a probationary sentence of three years consecutive to any other sentence. This means that if you are convicted and sentenced to prison, you will have to serve three years of probation after your release. Tier III sex offenders are also required to register as sex offenders on the sex offender registry for the rest of their lives. If you are required to register and fail to do so, you could face additional penalties.
Defending Against Charges Of Aggravated Indecent Assault
If you are charged with aggravated indecent assault, the experience is likely very stressful for you. It is important for you to understand that being accused of a sex crime does not mean that you will be convicted. People who are charged with any type of crime have the right to present a strong defense, including those who are charged with sex crimes.
Attorney Michael DiCindio knows that many sex crimes cases involve mere accusations that are unsupported by evidence. People cannot be convicted of committing aggravated indecent assaults when there is a lack of substantial evidence to prove that the offenses occurred. You can fight against a charge of aggravated indecent assault in court.
Fighting against aggravated indecent assault charges requires your attorney to mount an aggressive defense and to prepare your case to achieve the most favorable outcome possible under the circumstances. When you work with an experienced attorney, you are much likelier to secure reduced charges or an outright dismissal.
Aggravated indecent assault cases frequently require extensive investigative work. Your attorney may carefully analyze all of the evidence and police reports so that it can be contested. He or she might also retain experts to understand the forensic evidence and to help with building a strong defense.
There are a variety of different defenses that might be available to you, including consent, actual innocence, alibi, mistaken identity, or others. Your attorney can help you to understand the different types of defenses that might be available in your case.
How To Find A Criminal Defense Attorney Near Me
Finding the right criminal defense attorney to fight against charges of aggravated indecent assault in Pennsylvania is critical. A good attorney should help to guide you through the process while fighting for your rights and freedom.
Michael DiCindio is a former prosecutor and highly skilled defense lawyer who understands how to fight against sex crimes allegations. He believes that all people have a right to defend against the charges against them and will do everything he can to hold the prosecution to its burden of proof.
Contact DiCindio Law today to schedule a confidential consultation by calling us at (610) 430-3535.