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Augusta Child Molestation Defense Attorney

Child Molestation Defense

Just because there is an allegation, does not mean that someone did what they are accused of doing.  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. 

Augusta Criminal Defense » Child Molestation Lawyer

Child Molestation Crimes
Overview

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Child Molestation Defense Attorney in Augusta, GA

Child Molestation and Aggravated Child Molestation

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.

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.

Questions to consider:

  • 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 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?

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.

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

GA Code § 17-10-6.2 (2022)

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.

 

GA Code § 16-6-4 (2022)

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.

GA Code § 24-8-820 (2022)

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.

GA Code § 24-4-412 (2022)

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.

 

GA Code § 16-6-5 (2022)

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.

 

GA Code § 16-12-100 (2022)

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.

 

GA Code § 16-12-100.2 (2022)

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.

 

GA Code § 24-4-413 (2022)

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.

GA Code § 24-4-414 (2022)

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.

 

GA Code § 24-4-404 (2022)

Case Results

When the stakes are high, the results matter most.

Reduced to Cruelty to Children

Child Molestation

Two counts of Child Molestation- reduced to two counts of cruelty to children.

Reduced to Cruelty to Children

Child Molestation

Child molestation. Reduced to cruelty to children. Not required to register

Dead Docket

Child Molestation

Six Counts of Aggravated Child Molestation. Case placed on the dead docket. Defendant released from jail.

Reduced to Cruelty to Children

Child Molestation

Two counts of Child Molestation- reduced to two counts of cruelty to children.

Dead Docket

Aggravated Child Molestation

Six Counts of Aggravated Child Molestation. Case placed on the dead docket. Defendant released from jail.

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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!

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Todd Mitchell is a Winning Trial Expert

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