Augusta Child Molestation Defense Attorney
Child Molestation Defense
Even an unfounded allegation of child molestation can have a devastating impact. Child molestation cases are difficult to defend, and you or your family member need a lawyer who is experienced in defending these types of cases.
Child Molestation Crimes
Overview
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Child Molestation Defense Attorney in Augusta, GA
Child Molestation and Aggravated Child Molestation
Georgia child molestation charges are serious for many reasons. The most obvious is that a child molestation conviction or conviction of a related crime can mean a lengthy prison sentence. A first offense child molestation conviction carries a sentence of 5 to 20 years in prison. Child molesting convictions also have other consequences, such as sex offender registration requirements that can impact all areas of your life.
I have been astounded to see how easy it is for innocent people to be falsely accused of child molestation crimes. Child molestation cases are often created by the words of a single witness.
In some cases, that witness is a child so young that they may not fully understand what they are saying, or be able to communicate what happened clearly.
Unfortunately, people accused of child molestation often face consequences immediately, before a court has determined their guilt or innocence. That’s one reason it’s especially important to contact an experienced Augusta child molestation attorney after an allegation–even if you haven’t yet been charged with a crime.
Understanding Georgia Child Molestation Charges
It’s important to understand that “child molestation” in Georgia has a broader meaning than you might expect. For example, you may not be aware that it is possible to be guilty of child molestation without ever touching a child. That’s because the Georgia child molestation statute includes actions like performing an “immoral or indecent” act in the presence of the child with the intent to arouse or satisfy sexual desires.
This type of child molestation charge typically hinges on intent, which can be difficult for the prosecution to know or prove.
Further, when the accusation of child molestation does involve touching the child, multiple charges may stem from one alleged incident. If the defendant is accused of touching more than one of the child’s body parts in an act of molestation, each gives rise to a separate charge.
Aggravated Child Molestation
In Georgia, aggravated child molestation occurs when the defendant injures a child or an act of sodomy is involved. The injury need not be severe, and injuries are common with certain types of child molestation. Aggravated child molestation carries a sentence of either life in prison or 25 years in prison, followed by probation for life.
Related Child Sex Crimes
There are also a wide range of charges adjacent to child molesting that carry their own serious penalties. Some examples include enticing a child or child pornography. It is not unusual for someone to be accused of more than one of these crimes at the same time.
What Happens after a Child Molestation Accusation
After an allegation of child molestation, law enforcement notifies the Department of Children and Family Services (DCFS). The two agencies typically conduct their investigations in tandem. While law enforcement is determining whether and what type of criminal charges should be filed, DCFS is considering whether the child faces a danger that requires removal from the home or some other type of restrictions on contact.
The joint investigation usually includes a forensic interview with a professional trained specifically to interview children and a medical examination.
When you’ve been arrested on child molestation charges, there is no automatic bond. A judge can set bond, but bond is often denied. When bond is granted while this type of charge is pending, there are typically strict conditions. Whenever possible, you should connect with an experienced child molestation lawyer in Augusta, GA before your bond hearing.
Child Molestation
Defense
To defend against these cases, the defense attorney must be able to answer why a child would make a false allegation. The attorney must understand how children can be susceptible to influence, and how improper suggestion can lead to false memories.
There is nothing more rewarding than restoring someone’s reputation and getting someone released from false accusations…and it isn’t easy. I have experience in investigating and defending against these allegations.
Defense Strategies in Child Molestation Cases
Successfully defending against child molestation charges begins with your attorney’s investigation. The burden of proof in any criminal case is on the prosecution, and they must prove every element of the crime beyond a reasonable doubt.
Your attorney will look for weaknesses that create reasonable doubt, such as:
- A possible motive for an adult in the child’s life to lie
- A possible motive for a child to lie, especially if the child is older
- Flaws in the interviewing process that may have confused the child or planted ideas
- Lack of medical evidence
Every case is different. The best way to determine which defense strategies may be most effective for you is to consult an experienced Augusta child molestation attorney right away.
How a Georgia Child Molestation Lawyer Can Help
Defending against these allegations requires attention to detail and questioning every step of the investigation…and not jumping to conclusions. Every person accused of a crime is presumed innocent until proven guilty and that is just as important in child molestation cases as any other case.
At the J. Todd Mitchell Law Firm, we know that child molestation allegations start in many ways, and that they aren’t always accurate. We will investigate thoroughly to determine whether there is another explanation for the allegation. That starts with questions such as:
- What were the circumstances of the initial outcry?
- Was the initial outcry made to an adult who is already biased against the accused?
- Was there a “Child Advocacy” interview conducted?
- Did the interviewer follow proper protocol?
- Did law enforcement officers adequately preserve and collect evidence?
- Is there any forensic evidence?
- What investigation did law enforcement not conduct?
- Did law enforcement officers cut corners with Constitutional requirements for searches and seizures?
False allegations are much more likely to occur in certain circumstances. For example, one review of several studies found that between 2% and 8% of child molestation allegations overall were false. However, that number jumped dramatically when the accusations were made during a custody dispute. In that context, 36% to 56% of allegations were found to be false.
Why You Need a Local Defense Attorney in Augusta
When you’re facing child molestation charges, it’s in your best interest to work with a local defense attorney who knows the players–the local DCFS investigators and how reliable their investigations and reports typically are, the medical facilities that will be conducting examinations of the child, and others involved in the parallel system that feeds evidence to law enforcement in this type of case.
Get in touch for a free consultation today.
Laws Governing Child Molestation References
A person commits the offense of child molestation when such person does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person; or by means of an electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.
Sentencing Range: Minimum 5 years in prison, maximum of 20 years in prison. Second or subsequent conviction: 10-30 years in prison or life in prison. Potential for downward departure
A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.
Sentencing: Minimum 25 years in prison without the possibility of parole, maximum is life in prison. Subject to sex offender registry.
A statement made by a child younger than 16 years of age describing any act of sexual contact or physical abuse performed with or on such child by another or with or on another in the presence of such child shall be admissible in evidence by the testimony of the person to whom made if the proponent of such statement provides notice to the adverse party prior to trial of the intention to use such out-of-court statement and such child testifies at the trial, unless the adverse party forfeits or waives such child's testimony as provided in this title, and, at the time of the testimony regarding the out-of-court statements, the person to whom the child made such statement is subject to cross-examination regarding the out-of-court statements.
What this means: The State is permitted to present hearsay statements from children at the trial of these cases. Child hearsay is most often admitted through the testimony of a worker from a Child Advocacy Center.
In the prosecution for certain sexual offenses, evidence relating to the past sexual behavior of the complaining witness shall not be admissible, either as direct evidence or on cross-examination of the complaining witness or other witnesses, except as provided in this Code section. For the purposes of this Code section, evidence of past sexual behavior includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress, general reputation for promiscuity, nonchastity, or sexual mores contrary to the community standards.
What this means: The State can block certain evidence from being admitted at trial that may discredit the accuser. There are exceptions and methods to introduce evidence that would otherwise be blocked by the Rape Shield Statute.
A person commits the offense of enticing a child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years to any place whatsoever for the purpose of child molestation or indecent acts.
Sentencing range: 10-30 years.
It is illegal to knowingly possess or control any material that depicts a minor or any portion of a minor’s body engaged in any sexually explicit conduct. It is unlawful to knowingly create, reproduce, publish, promote, sell, distribute, give, exhibit, or possess with intent to sell or distribute any such material.
It is unlawful for any person intentionally or willfully to utilize any form of online service or electronic communication to seduce, solicit, lure, or entice someone believed by such person to be under the age of 16, to commit any sexual act.
Sentencing: up to 20 years in prison.
In a criminal proceeding in which the accused is accused of an offense of sexual assault, evidence of the accused's commission of another offense of sexual assault shall be admissible and may be considered for its bearing on any matter to which it is relevant.
In a criminal proceeding in which the accused is accused of an offense of child molestation, evidence of the accused's commission of another offense of child molestation shall be admissible and may be considered for its bearing on any matter to which it is relevant.
Evidence of other crimes, wrongs, or acts shall not be admissible to prove the character of a person in order to show action in conformity therewith. It may, however, be admissible for other purposes, including, but not limited to, proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. The prosecution in a criminal proceeding shall provide reasonable notice to the defense in advance of trial, unless pretrial notice is excused by the court upon good cause shown, of the general nature of any such evidence it intends to introduce at trial. Notice shall not be required when the evidence of prior crimes, wrongs, or acts is offered to prove the circumstances immediately surrounding the charged crime, motive, or prior difficulties between the accused and the alleged victim.
Case Results
When the stakes are high, the results matter most.
Child Molestation
Two counts of Child Molestation- reduced to two counts of cruelty to children.
Child Molestation
Child molestation. Reduced to cruelty to children. Not required to register
Child Molestation
Six Counts of Aggravated Child Molestation. Case placed on the dead docket. Defendant released from jail.
Child Molestation
Two counts of Child Molestation- reduced to two counts of cruelty to children.
Aggravated Child Molestation
Six Counts of Aggravated Child Molestation. Case placed on the dead docket. Defendant released from jail.
Client Reviews
Here is what our clients have to say.
Best Possible Outcome
"Wasn’t feeling very hopeful about my case but Mr. Mitchell managed to get me the best possible outcome. In the beginning I was on the fence about getting an attorney (if it’d be worth it) but I’m very glad I did. He delivered exactly what I asked for, even when it felt impossible."
Five Star Legal Service
"J Todd Mitchell Law Firm offers five star legal service. I felt supported and well-informed throughout the entire process. The team's dedication and attention to detail were evident in the positive outcome they achieved for me. They had my traffic case dismissed before the trial started. I am beyond grateful for their outstanding service and would not hesitate to seek their assistance again in the future."
Todd Saved My Life
"My murder charge got dismissed!! After 4.5 years of being on house arrest, being told "no" in court over multiple times & having zero hope in my previous attorney the moment I hired Todd he literally went to war to fight for this case for me, he never made promises he just kept his word to fight for me. The odds were against me Todd changed that!! If your freedom is on the line call Todd."
The Best There Is
"Todd and his team's communication was exceptional! While Mr. Mitchell himself was frequently in court, I never hesitated to leave messages with the front office, or to message through the client portal. The messages were always responded to same day, or I would receive a phone call with updates. We had a hard goal set, and Mr. Mitchell and his team made absolutely sure that the last time I would walk out of the courts, it would be considered a success. Easy to chat with, not hard on the wallet (considering what they bring to the table), and complete transparency are why I hold J. Todd Mitchell Law Firm in the highest of regards. The best there is!"
Won My Case In Less Than 1 Hour
"Mr. Todd was a great attorney and handled my case quickly. I hired him three days before my trial and he came in, did a great job, and he got my case beat in less then an hour in the courtroom. I can't recommend Todd Mitchell enough"
Successfully Proved My Son's Innocence
"Mr. Todd took the time to listen to my son's side of the story. He was very understanding and patient. He took the time to gather the evidence that supported the case and proved my son's innocence. We are very appreciative. Again, thank you!"
The King of Trials - Mr. J. Todd "The Lion" Mitchell
"Mr. Mitchell is a real lion in the court room. I was facing 52 years and came out with a 2-5 year sentence. When his back is against the wall, Todd doesn't give up. I think he should change his name to J. Todd "The Lion" Mitchell. He is the only lawyer I will trust."
Todd is Knowledgeable & Fearless!
"I was in an impossible situation and thought I would spend a chunk of my life behind bars. Then God sent Todd Mitchell. He spoke up for me to the judge and D.A. at the hearing and was continuously on top of the case. His is the only number I'll call."
Todd Mitchell is a Winning Trial Expert
"Todd Mitchell is a trial expert, not just a criminal defense lawyer. His extensive experience WINNING trials, not just trying them, sets him apart from other attorneys in this area. If you want someone who will fight for you, hire Todd Mitchell."
Child Molestation Defense FAQ
Have a specific criminal defense question? Contact us today!
The first step is to speak with an experienced local criminal defense lawyer. While it is often possible to defend against child molestation charges, trying to explain to law enforcement can often backfire and hurt your case.
Child molestation is an ugly allegation, and it’s understandable that you want to prove your innocence. However, it’s important to keep in mind that the burden is on the prosecution to prove your guilt. You don’t have to prove that you’re innocent, only show that the prosecution has failed to meet its burden. Your child molestation lawyer will talk to you about the best approach for your specific case.
The penalties for child molestation in Georgia are severe. For simple child molestation–which may not even involve touching a child–the statutory prison sentence is 5 to 20 years. For aggravated child molestation, the sentence is at least 25 years in prison, and possible life imprisonment.
Being accused of child molestation is a traumatic, emotional event. But the key to beating child molestation charges is clinically assessing weaknesses in the case. When you hire the J. Todd Mitchell Law Firm to defend you against child molestation charges, we will thoroughly investigate every aspect of the case, from the credentials of the person who interviewed the child to possible motivations for false allegations, to determine the best defense in your specific case.
Yes, any criminal charge can be dropped if the prosecution is persuaded that there is insufficient evidence to successfully prosecute the case.