West Chester child molestation lawyer Michael DiCindio stands ready to fight for you when everyone else is against you. As a West Chester, Pennsylvania, criminal defense lawyer, Attorney DiCindio believes that his clients are 100% innocent unless and until the state proves you guilty beyond a reasonable doubt.
Your right to be presumed innocent is guaranteed under the U.S. Constitution. However, police and prosecutors are quick to forget your rights. They are in the conviction business, not the fairness business. That’s where DiCindio Law comes in – we will fight hard for your rights and to prove your innocence.
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Why Choose DiCindio Law as Your West Chester Sex Crimes Lawyer?
West Chester child molestation lawyer Michael DiCindio wants to make sure you get your day in court to fight for your innocence. As an experienced West Chester criminal defense lawyer, he knows that no stone can be left unturned in your battle for justice and truth.
No allegation is too shocking or too serious for Michael. He believes in your constitutional rights and believes in standing up against a government that is far too quick to rush to judgment on alleged sex crimes.
When you hire DiCindio Law to defend against child molestation charges, we spring into action by:
- Demanding every shred of evidence the state has against you;
- Issuing subpoenas to gather evidence of your innocence;
- Analyzing every step the police took to see if they violated your 4th or 5th Amendment rights;
- Dispatching our own investigators to interrogate witnesses; and
- Filing motions and fighting your case at trial.
We treat every case as if it is going to a jury trial. This is the best way to effectively handle a criminal case. By preparing your case for trial, we will be in a better position to know the strengths and weaknesses of your case and can better advise you on what actions to take. Every case is different, and you will need to carefully evaluate your case with your lawyer.
What Does the State Need to Prove to Convict you of Child Molestation in Pennsylvania?
When the state charges you with a crime they are required to prove specific elements beyond a reasonable doubt at a jury trial in order to convict you. Indecent Assault has three elements that need to be proven for a conviction.
These elements are:
- The Defendant
- Had indecent contact with the victim; OR intentionally caused the victim to have indecent contact with the defendant; OR intentionally caused the victim to have contact with bodily fluids for the sexual arousal of the defendant;
- The victim is less than 13 years old OR was less than 16 years old if the defendant is four years older.
Important to these elements is the definition of indecent contact. The sex crimes section of the Pennsylvania criminal code defines indecent contact as “Any touching of the sexual or other intimate parts of the person for the purpose of arousing or gratifying sexual desire, in any person.”
If the indecent contact allegations involve penetration, however slight, of the genitals or anus of the victim, the child molestation will be charged as either aggravated indecent assault or aggravated indecent assault of a child. These aggravated crimes are far more serious than regular indecent assault charges.
What are the Penalties for Child Molestation?
The penalties if you are convicted of child molestation in West Chester, Pennsylvania, depend on how the crime is classified. The following classifications apply to child molestation charges:
- Indecent Assault: Second Degree Misdemeanor if the victim is under 16 and the defendant is four years older; First Degree Misdemeanor if the victim is under age 13; Felony of the Third Degree for repeat offenders or if private parts of the victim contacted private parts of the defendant
- Aggravated Indecent Assault: Second Degree Felony punishable by
- Aggravated Indecent Assault of a Child: First Degree Felony
Because these crimes vary greatly in how they are classified the penalties can vary greatly from person to person depending on how they are charged. Prosecutors review the allegations made by witnesses and police when they make charging decisions. DiCindio Law understands how scary these charges and penalties are, which is why we fight so hard on our clients’ behalf.
If you are convicted, the penalties for each class of offense include:
|Second Degree Misdemeanor||Up to 2 years||Up to $5,000|
|First Degree Misdemeanor||Up to 5 years||Up to $10,000|
|Third Degree Felony||Up to 7 years||Up to $15,000|
|Second Degree Felony||Up to 10 years||Up to $25,000|
|First Degree Felony||10+ years||Up to $25,000|
In addition to these criminal penalties, offenders are subject to lengthy periods of community supervision and registration with the state as sex offenders.
Sex Offender Registration
The Pennsylvania sex offender registry is a publicly available database with information about you and the crime you if you are convicted.
Registered sex offenders are subject to numerous, burdensome requirements, and failing to meet them can mean rearrest, new felony charges, and reincarceration. Some common requirements convicted child molesters are subject to include:
- Required check-ins with law enforcement;
- Restrictions on where you can live;
- Restrictions on where you can work; and
- Restrictions on internet/social media use.
The requirements vary from person to person. Only your lawyer can advise you regarding which requirements you will be subject to after a conviction.
Contact DiCindio Law Today
West Chester child molestation lawyer Michael DiCindio will have your back when it feels like the whole world is against you. Attorney DiCindio believes in your innocence and will fight with everything he’s got to prove it.
Get in touch with our team today so we can begin fighting for you.