Were you recently charged with committing a sex crime in West Chester, Chester County or Delaware County, PA? Our West Chester sex crimes lawyers at DiCindio Law, LLC can help you fight the charges and protect your reputation, call us at (610) 430-3535.
You could be facing potential jail time, financial sanctions, and a lasting criminal record, but a good defense attorney can ease your anxiety. Our lawyers have years of experience handling complex criminal defense cases. We know the stakes are high–and we know how to minimize the fallout.
Ready to learn more about your legal rights and options? Contact our law offices in West Chester, PA to schedule a free appointment today and get legal advice for your case.
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How Can DiCindio Law, LLC Help if I Was Arrested for a Sex Crime in West Chester, PA?
If you are facing criminal charges in Chester County, let our attorneys put our experience and skills to work for you by:
- Launching a detailed investigation into your case
- Helping you understand all of your legal options and rights
- Hiring experts who can help disprove the prosecution’s allegations
- Finding witnesses to support your story
- Locating weaknesses in the prosecution’s case
- Negotiating behind the scenes to have your charges reduced or dismissed if possible
When you’re charged with a sex crime, Pennsylvania prosecutors will do whatever it takes to get a conviction. You deserve an experienced West Chester criminal defense lawyer who can help you fight back.
At DiCindio Law, LLC, our team is led by a former state prosecutor. We know the ins and outs of the legal system–because we have experience on both sides of the table. That means we know how the police and prosecutors think.
Our Chester County criminal defense attorneys will stand by your side throughout the criminal justice process. If a plea bargain is available, we’ll help you evaluate the consequences. We also aren’t afraid to fight for your rights before a judge and jury if necessary.
Ready to learn more? Just call for a free case evaluation today.
Overview of Sex Crimes in Pennsylvania
The state of Pennsylvania has a wide range of offenses that are classified as sex crimes. If you have been arrested or are under investigation for any type of sex offense, it’s important to have a skilled sex crime attorney by your side.
Some of the most commonly charged sexual crimes in Pennsylvania include:
Rape
Rape is defined as engaging in sexual intercourse with a victim by:
- Using force or threats of force that would prevent a reasonable person from resisting
- When the victim is unconscious
- When the assailant knows the victim is unaware that the sexual intercourse is occurring
- Where the assailant has used a date rape drug, alcohol, or another substance to prevent the victim from resisting
- When the victim is incapable of consenting because of a mental disability
- When the victim is a child who is under age 13
This is considered a first-degree felony in Pennsylvania.
Sexual Assault
Sexual assault and rape are very similar crimes. Factors other than the involuntary sexual intercourse are relevant. On the other hand, a person is guilty of sexual assault any time they engage in sexual intercourse without the other person’s consent.
Sexual assault is a second-degree felony under Pennsylvania law.
Involuntary Deviate Sexual Intercourse
A defendant can be found guilty of involuntary deviate sexual intercourse for having deviate sexual intercourse:
- Using force or threats of force that would prevent a reasonable person from resisting
- When the victim is unconscious
- When the defendant knows the victim is unaware that the sexual intercourse is occurring
- Where the defendant has used drugs, alcohol or another substance to prevent the victim from resisting
- When the victim is incapable of consenting because of a mental disability
- When the sufferer is under age 13
- When the victim is under 16 years of age and the defendant is at least four years older than the victim (and the defendant is not the victim’s spouse)
Involuntary deviate sexual intercourse is a first-degree felony that’s very similar to rape. However, the defendant can face a life sentence if the victim is seriously injured and/or is a child.
Indecent Assault
Indecent assault is some type of sexual contact that is:
- Intentional
- Done to arouse sexual gratification in the defendant
- Without the victim’s consent
It can be graded as a first or second-degree misdemeanor. The crime is a third-degree felony if:
- The defendant is a repeat offender
- There has been a course of conduct of indecent assault by the defendant
- The assault was committed by touching the victim’s sexual or intimate parts with sexual or intimate parts of the defendant
- The indecent assault is committed by touching the defendant’s sexual or intimate parts with the victim’s sexual or intimate parts
As with rape, sexual contact will be deemed non-consensual if the victim is incapable of consent because of impairment, age, or mental disability.
The charges can also be aggravated if the defendant penetrates the genitals or anus (even if the penetration is only slight) with the defendant’s own body. Aggravated indecent assault is a first or second-degree felony, depending on the victim’s age.
Indecent Exposure
Someone is guilty of indecent exposure when they expose their genitals in a public place or a place where others are present. However, to be found guilty, the defendant must also know that the exposure would be likely to offend and alarm someone else.
Typically, this is a second-degree misdemeanor. However, first-degree misdemeanor charges will apply if the defendant should have known that a child younger than 16 was present.
Child Pornography
Pennsylvania law defines child pornography very broadly. You can be found guilty for:
- Allowing someone under age 18 to be videotaped, photographed, or depicted while engaging in a sexual act
- Taking the actual photograph, videotape, or depiction of the child performing sexual acts
- Distributing those pictures or videos to someone else
- Viewing child pornography
- Knowingly possessing this material
If you were charged with creating child pornography, it doesn’t matter whether you knew the victim’s age.
Child pornography is a second-degree or third-degree felony. However, the charges can be elevated by one degree if the child is prepubescent or under 10 years old.
What are the Penalties for Sex Crimes in Chester County, Pennsylvania?
The Pennsylvania sentencing guidelines provide a basic outline of the penalties you could face if convicted of a sex crime in Chester County.
Depending upon the severity of the charge, you could be punished with:
- Third-degree misdemeanor: 90 days in jail and up to $5,000 in fines
- Second-degree misdemeanor: two years in prision and up to $5,000 in mulcts
- First-degree misdemeanor: five years in jail and up to $10,000 in fines
- Third-degree felony: seven years in prision and up to $15,000 in financial penalties
- Second-degree felony: ten years incarcerated and up to $25,000 in fines
- First-degree felony: up to 20 years to life in prison and $25,000 in fines
In many sex crime cases, these punishments are only the beginning. The damage to your character can be devastating–both personally and professionally.
Further, convicted sex offenders are required to register with the Pennsylvania police department under Megan’s Law. Sex offender registration requirements can last a lifetime. Your personal information and criminal history may be available to the public.
Consequences include:
- Difficulty finding a job
- Limitations on where you can live
- Damage to your reputation
- Computer searches
- Alcohol restrictions
- Exposure to additional criminal charges for failure to register as a sex offender
The bottom line? If you are facing charges of any type of sex crime, call an experienced Chester County attorney today. An experienced lawyer can fight to protect your rights and secure the best possible outcome in your case.
What Defenses Can Be Raised if I’m Accused of Comminting a Sex Crime?
It’s important to start building your defense immediately if you’re accused of committing a sex crime.
Examples of viable defense strategies include:
- Challenges to witness credibility
- Challenges to the reliability of DNA and forensic evidence
- False allegations
- Lack of knowledge or intent
- Mistaken identity
- Constitutional violations
- Illegally obtained evidence
- Police bias
As soon as you hire us, our legal team will conduct a thorough investigation into your case. We know how to uncover the important evidence that could prove your innocence. We also know how to challenge the prosecution’s evidence. If the prosecution obtained evidence illegally, we can file a motion to have that evidence thrown out.
Would you like to learn more about how an experienced sex crime defense lawyer can protect your future? Contact our criminal law firm to schedule a case review today.
Schedule a Free Consultation With a West Chester Sex Crimes Lawyer
If you or a loved one were arrested on sex crime charges in Chester County or Delaware County, there’s no time to waste. Our lawyers at DiCindio Law, LLC are prepared to start fighting for you today. All you have to do is contact us to speak with an experienced West Chester sex crimes lawyer today. We offer an initial consultation at no cost, so don’t hesitate to reach out for the advice you need.
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