Offices of Jack L. Moser, Jr.
107 West Johnstown Road Gahanna, Ohio 43230

Phone (614) 478-8005 Fax (614) 471-4581
moserjkl@aol.com www.jmoserlaw.com
 
Sex Crime PDF Print E-mail
Monday, 22 December 2008 03:55

A person charged with or arrested for a sex crime faces an ordeal that can be very humiliating and embarrassing. Allegations of sexual misconduct and sex crimes are sensitive and serious matters. Anyone facing allegations of a sex crime should locate a knowledgeable and experienced criminal defense lawyer and criminal law attorney to prepare an aggressive and serious defense. At the Law Offices Jack L. Moser, Jr., our criminal defense lawyers and criminal law attorneys defend people who have been charged with and arrested for violating Ohio’s sexual offense laws. We provide serious and aggressive representation to our clients and strive to maintain as discreet a defense as possible to protect our clients who have been charged with a sexual crime.

Our criminal defense lawyers and criminal law attorneys provide aggressive and experienced criminal defense legal representation to clients arrested or charged with sexual crimes. We take our role as lawyer, attorney, and counsel seriously and we provide our clients with an extensive legal defense strategy for those clients charged with a sexual crimes offense. Our attorneys and legal staff are knowledgeable about Ohio and federal sex crime offenses, as well as defenses to such crimes. We also are familiar with the sentencing guidelines for Ohio and the federal courts for certain sexual crime offenses, and we use such knowledge to mitigate a possible sentence in the event that a client must plead or is found guilty. At the Law Offices of Jack L. Moser, Jr., our lawyers and attorneys provide serious, aggressive, and experienced representation to protect our client’s rights when they face a sex crime charge. If you have been charged with a sex crime or sexual misconduct, we can fight and provide you with a strong, serious, and aggressive legal defense to your criminal sex charge as well.

It is a well-established fact that mere allegations of sexual misconduct can destroy a person’s family, career, friendships, and life. Whether a person has been charged with sexual assault, sexual battery, rape, sex with a minor, public indecency, importuning, obscenity, or some other sex related crime, allegations of such misconduct and a conviction thereof has serious consequences for the person facing a sexual crimes ordeal. Consequences of a guilty plea or verdict in a sexual offense case can be severe. Someone convicted of a sex crime may face time in prison, have to register as a sex offender, and have other restrictions placed on their lives. Moreover, a person convicted of a sex crime faces the ugly and evil stigma that society attaches to someone convicted of such crimes.



OVERVIEW OF SEX CRIMES OFFENSES

Sexual offenses include all forms of illegal sexual activity. A sex crime offense can extend from prostitution or sex for hire to the crime of rape or sexual penetration without consent. Most serious sex crimes involve sexual assault, sexual batter, sexual assault of children, or include physical injury. Sex crime offenses also include prostitution, solicitation, public indecency, voyeurism, pornography, lewd acts, pandering, pimping, as well as statutory rape or date rape. Most sex crimes laws are gender-neutral with the intent to protect all sexual-assault victims.

The criminal defense lawyers and criminal law attorneys at the Law Offices of Jack L. Moser, Jr., handle a wide range of sexual crime cases, including:

  • Rape
  • Statutory Rape
  • Date Rape
  • Sexual Assault
  • Sexual Battery
  • Gross Sexual Imposition
  • Importuning
  • Child Abuse
  • Solicitation of a Minor
  • Inappropriate Touching
  • Unlawful Sexual Contact with a Minor
  • Sex Offender Registration Violations
  • Indecent Exposure
  • Public Indecency
  • Solicitation
  • Prostitution
  • Internet Solicitation
  • Obscenity

 

The classification of sex crimes and penalties thereto mainly depend on the type of conduct displayed by the person charged and the type of victim injured by the sex crime. Generally, most sex assault, sex battery, and sexual-abuse crimes are charged by the state as felonies. Other lesser sex offenses, such as public indecency and prostitution, are often charged by the state as misdemeanors.

Defending against a sex crime often involves questions about whether law enforcement properly obtained evidence presented by the State. Generally, evidence acquired by the State that was obtained by violating the constitutional rights of the accused offender will not be admissible in court. Defense challenges to the admissibility of evidence usually are based in the Fourth Amendment, which protects citizens from unreasonable searches and seizures. A knowledgeable and skilled criminal defense lawyer and criminal law attorney well versed in sex crimes law can file motions with the court to test the adequacy and sufficiency of the State’s mandate to show probable cause for the search and seizure, as well as other legal issues that focus on the accused offender’s legal rights.

Many sex crimes acts have no witnesses. Accordingly, any decision by the state’s prosecutor, as to charging the defendant and proceeding to trial, generally depends on the strength of other evidence as well as the credibility and truthfulness of the accuser and defendant. It is not unheard of for an accuser to make false accusations against the person charged. And considering the ugly and evil stigma society places on those accused of sex crimes, it can at timees be difficult to defend against sex crimes charges.

In a sex crimes case, a state prosecutor must prove (beyond a reasonable doubt) that the defendant committed the sexual offense charged. Legal defenses to such sex crimes vary from crime to crime, and from victim to victim, but such defenses may include: consent by the alleged victim, insufficient evidence, innocence, and other defenses. As well, the state of mind and intention of the accused, various surrounding facts and circumstances, and other such factors affect the degree of criminal responsibility of the accused.

 

PENALTIES

Sex crime offenses include a broad variety of activities prohibited by state or federal statutes. Sex crime offenses also include attempts to commit such acts, as well as conspiracies to commit any of the sex crimes acts. Penalties for a sex crime conviction depend on many factors, but the foremost factor is the level of felony or misdemeanor the state has charged. Under Ohio laws, the lower the felony or misdemeanor number, the higher the penalty that an offender may face.

ClassificationConfinementMaximum FineOrganizational Fine
Felony 1 (F1) 3 to 10 years $20,000 $25,000
Felony 2 (F2) 2 to 8 years $15,000 $20,000
Felony 3 (F3) 1 to 5 years $10,000 $15,000
Felony 4 (F4) 6 to 18 months $5,000 $10,000
Felony 5 (F5) 6 to 12 months $2,500 $7,500

 

As a sex crimes cases may involve the use of firearms, in addition to the sex crime offense itself, supplemental penalties may be assessed for the use of a firearm (ORC 2929.14(D)(1)(a)):

  • Possession of an automatic or muffled firearm – 6 additional years.
  • Displaying, brandishing, or using firearm – 3 additional years.
  • Firearm not a factor in committing the crime – 1 additional year.
  • Drive-by shooting – 5 additional years, plus a separate penalty for use or possession of gun as above.
  • Discharging a firearm at police officer – 7 additional years.

 

 

The criminal defense lawyers and criminal law attorneys at the Law Offices of Jack L. Moser, Jr., provide aggressive and experienced criminal defense legal representation to clients arrested or charged with sex crimes. We take our role as lawyer, attorney, and counsel seriously and we provide our clients with an extensive legal defense strategy for those clients charged with a criminal sex offense. Our attorneys and legal staff are knowledgeable about Ohio and federal sexual offenses, as well as defenses to such sex crimes. We also are familiar with the sentencing guidelines for Ohio and the federal courts for certain sexual offenses, and we use such knowledge to mitigate a possible sentence in the event that a client must plead or is found guilty. Our lawyers and attorneys provide aggressive and experienced representation to protect our client’s rights when they face a criminal sex charge. We can fight and provide you with a strong and aggressive legal defense to your criminal sex charge as well.

We represent clients charged with sex crime cases in Columbus and surrounding counties in Central Ohio: Franklin County, Delaware County, Fairfield County, Licking County, Pickaway County, Madison County, Union County; as well as through out the rest of Ohio.

If you are charged with a sex crime, contact the Law Offices of Jack L. Moser, Jr., so we may immediately evaluate your case and help you determine what kind of defense should be prepared on your behalf.




SERIOUS REPRESENTATION FOR A REASONABLE FEE. Our legal fees are affordable, and we accept all major credit cards.

Call Jack L. Moser, Jr. at (614) 478-8005.

Law Offices of
Jack L. Moser, Jr.
Attorney at Law
107 West Johnstown Road
Columbus / Gahanna Ohio 43230
Tele: (614) 478 - 8005
Fax: (614) 471 - 4581

Last Updated on Saturday, 04 December 2010 18:01