Charged with a Sex Crime Under Indiana Law? You Need an Experienced Criminal Defense Attorney on Your Side
Sex crime charges are taken very seriously in the Indiana legal system, and a conviction could lead to serious penalties that affect you for the rest of your life and result in mandatory registration. Law enforcement officials do not require a great deal of evidence to make an arrest in criminal proceedings. Unfortunately, this can lead to numerous innocent individuals being accused of a criminal offense that they did not commit.
Even if you are innocent, the stigma that is attached to individuals accused of sex crimes and sex offense charges can be devastating. The grave nature of these allegations makes it even more important to secure experienced and knowledgeable legal representation.
Need an Indianapolis Sex Crimes Attorney? At Wruble Law LLC, our lead criminal defense lawyer Stan Wruble, as an experienced attorney, has two decades of combined legal experience, and our goal is build a strong defense strategy that we can use to protect your legal rights, freedom, and reputation against these criminal charges. Contact us today for your free consultation.
Indiana Sex Crimes: An Overview
A sex crime refers to a criminal offense under Indiana law that involves nonconsensual sexual intercourse, sexual contact, unlawful touching, or illegal sexual activity. These crimes encompass a wide range of offenses under Indiana Code 35-42-4, including but not limited to:
- Sexual Assault
- Rape
- Sexual Abuse
- Child Molestation
- Child Exploitation
- Child Pornography
- Child Solicitation
- Child Seduction
- Indecent Exposure
- Prostitution-Related Offenses
- Possession or Distribution of Child Pornography
- Sexual Misconduct with a Minor
- Sexual Battery
- Unlawful Misconduct of a Registered Sex Offender
Sex crimes are considered some of the most serious offenses due to their violation of personal boundaries, and consent, and often involve bodily injury, child pornography, mental incapacity, attempts to sexually arouse or perform sexual intercourse, or sexual desires attributed to an alleged crime involving an alleged victim, causing physical and emotional harm to the victims. While laws regarding sex crimes vary across the United States, they generally aim to protect individuals from sexual misconduct and attempt to provide justice for victims.
Penalties for Sexual Assault, Rape, Child Molestation, Child Seduction, and Other Sex Crimes In Indiana
As the type of punishment hinges on the specific crime the individual was convicted of and any aggravating circumstances, the penalties for sex crime convictions vary. Generally, almost all sex crimes are considered felonies of varying severity and will likely receive imprisonment through criminal court proceedings, and prior convictions make the situation worse, depending on certain aggravating factors. Additionally, on top of jail or prison time, judges can add additional fines of up to $10,000.
Here are the penalties for being convicted of a sex crime in Indiana:
- Level 1: Upon conviction of a Level 1 felony, an individual can receive 20 to 40 years of incarceration, with the advisory sentence being at least 30 years, as this crime often involves deadly weapon use or imminent force. Aggravated rape with deadly force is an example of a sex crime that can be charged as a Level 1 felony.
- Level 2: If an individual is convicted of a Level 2 felony, they can receive 10 to 30 years imprisonment, with the advisory sentence being at least 17.5 years, including offenses involving human trafficking. Child sex trafficking is an example of a sex crime that can be charged as a Level 2 felony.
- Level 3: Individuals can receive 3 to 16 years imprisonment after being convicted of a Level 3 felony, with the advisory sentence being 9 years. Child molestation and rape are examples of sex crimes that can be charged as a Level 3 felony.
- Level 4: If an individual is charged with a Level 4 felony, they can receive 2 to 12 years imprisonment, with an advisory sentence being 6 years in Indiana statute, including deviate sexual conduct. Vicarious sexual gratification is an example of a sex crime that can be charged as a Level 4 felony.
- Level 5: Individuals can receive 1 to 6 years imprisonment after being convicted of a Level 5 felony, with the advisory sentence for the crime being 3 years. Depending on the age of the convicted person, child solicitation can be charged as a Level 5 felony.
- Level 6: Individuals can receive sentences of 6 months up to 2.5 years imprisonment if convicted of a Level 6 felony, with the advisory sentence being 1 year. An example of a sex crime that can be charged as a Level 6 felony includes unlawful employment of a sexual predator.
If a sex offender is found in violation of their parole or probation or is inappropriately talking to a child, they will typically receive a Class A misdemeanor in criminal proceedings.
The Importance of Hiring an Experienced Indianapolis Sex Crimes Lawyer
Due to IC 11-8-2-12.4, every person that is convicted of a sex crime is required to register as a sex offender (mandatory registration) with law enforcement agencies on the Indiana Sex and Violent Offender Registry. This information is public and is oftentimes never erased.
The Indiana Sex and Violent Offender Registry informs visitors to the site from all over the world the following information:
- Name and Known Aliases
- Home and Secondary Residences Addresses
- Work or Volunteerism Addresses
- Age
- Physical Description
- Recent Photograph
- Charges and Description of Offense
- Case Number
At a minimum, individuals facing sex crime charges will be on the registry for at least 10 years, are legally unable to have their record removed, and in certain instances loss of custody or visitation rights will be an additional penalty. Sometimes the individual is required to register on the sex offender registry for life.
Additionally, since 2006, individuals who are on a state-level sex registry are also added to the National Sex Offender Public Registry, which is also publicly accessible from anywhere someone has internet access. This registry is the only public sex offender registry that unifies state, territory, and tribal sex offender registries from around the country.
What Are The Consequences Of Being On The Sex And Violent Offender Registry In Indiana?
It should go without saying that having to register as a sex offender will have extremely negative long-term consequences on your professional career and your personal relationships, including limitations on rights to obtain government benefits. Besides being on the registry, a registered sex offender is required to give consent to law enforcement officers to allow them to search their computer or devices at any time.
Here are some of the detrimental ways that being a registered sex offender can harm the rest of your life:
- Strict Limitations On Where You Can Live: Not only does Indiana statute provide requirements of living specific distances away from schools, parks, and other public places, leasing companies will likely run background checks on you. Sometimes this will make it difficult to find a place to live.
- Strict Limitations On Where You Can Work: Individuals are not allowed to work at or in close proximity to schools, parks, and places where other individuals frequent.
- Reporting If You Moved Homes or Jobs Within 72 Hours: To keep an individual’s sex offender registration listing current, they must communicate address changes to their local county sheriff’s office within 72 hours.
However, in a victory for religious freedoms, Indiana courts ruled that individuals are allowed to exercise their religious right to attend an in-person worship service, even if they are a registered sex offender.
So one of our top priorities is to help keep you off of the sex offender registry. At Wruble Law LLC, our criminal defense lawyer will do the following:
- Thoroughly examine all facts, witness statements, and evidence pertaining to your particular case,
- Find inconsistencies in the prosecution’s case, including constitutional violations,
- Put forth all our effort into obtaining the result that will fit the circumstances of your case – whether it is lessening the charges, having them dropped altogether, or even getting a not guilty verdict before a jury.
Why Choose The Indianapolis Sex Crimes Attorney From Wruble Law LLC?
Stan Wruble and the Wruble Law LLC team possess the experience necessary to lead a strong defense in sex crime cases involving sexual exploitation, mistaken identity, and aggravating circumstances. When defending against such charges, our approach focuses on thorough investigation, careful analysis of evidence, and strong defense strategies tailored to each client’s unique circumstances.
Stan Wruble has experience working in the following sex crime charges, which encompass numerous actions, including:
- Rape
- Sexual Assault
- Internet Sex Crimes
- Prostitution
- Solicitation of Sexual Acts
If you have been charged with a sex crime in Indiana, prosecutors must prove your guilt beyond a reasonable doubt through the trial process. To protect yourself, it is critical that you assert your legal rights—including your right to remain silent and your right to a skilled defense attorney. Attorney Stan Wruble can protect your legal rights throughout the legal process; and, from filing pre-trial motions to challenge the state’s DNA evidence to proving that the police conducted an unreasonable search or seizure, he may be able to use a variety of common defenses to protect you regardless of the veracity of the allegations in your case.
Schedule a Free Consultation to Discuss Your Defense Strategy with an Indianapolis Sex Crimes Lawyer Today
If you or a loved one are facing Indiana sex crimes charges, promptly engaging experienced legal counsel is of utmost importance. By choosing Wruble Law LLC, you can have confidence in the dedication of the legal team supporting you. We always seek the best possible outcome for your case. So if you are in the Indianapolis, Indiana, or Monroe County area and need an Indianapolis sex crimes attorney, call or book your free initial consultation online. Initial consultations are always free – call our criminal law firm at (317)-308-8584 to get started.