Can a Sex Crime Charge Be Dismissed or Reduced in Georgia?

If you are facing allegations of a sexual offense, you may feel terrified. Generally, a sex crime is defined as any illicit sexual activity. Georgia sex crimes can be classified as either misdemeanors, aggravated misdemeanors, or felonies. Although it is possible to get a sex crime dismissed or the charge reduced, this decision is solely made by the district attorney (DA). 

The state has ample resources, meaning that your matter will be investigated thoroughly. If there is any dirt to dig up, you better believe that it will be found and used against you. Sexual offense penalties include jail, steep fines, and registration on the state sex offender registry. Before you speak with an investigator, your first call should be to our Georgia sex crimes defense lawyers.

Common Sex Crime Offenses in Georgia

Rape

Sexual penetration of a person without her consent is considered rape. Under Georgia law, rape is a felony, punishable by life in prison without parole, the death penalty, or a minimum of 25 years in prison, followed by probation for life.

Sexual Battery

Sexual battery is defined as the act of intentionally making physical contact with the intimate parts of another person without his or her consent. If the victim is under the age of 16, you will be charged with a felony, punishable by a maximum five-year prison sentence. If the victim is older than 16 years of age, you will be charged with a misdemeanor of a high and aggravated nature. If convicted, you may pay up to $5,000 in fines and be imprisoned for up to one year.

Possession of Child Pornography

Sexual misconduct involving minors is taken seriously in the state of Georgia, with perpetrators often being prosecuted to the fullest extent of the law. If you are found in possession of child pornography, you will be charged under Ga. Code §16-12-100.2. Anyone who compiles, e-mails, prints, publishes, or otherwise reproduces any visual depiction of a child or teenager engaging in sexually explicit conduct will be found guilty. Possession of child pornography is a felony in Georgia, punishable by a potential fine of $10,000 and 20 years in prison. 

Reasons a Sex Crime Charge May Be Reduced 

In some cases, a sex crime charge can be reduced. Usually, this is due to insufficient evidence or if you are offered a plea deal. The burden is on the prosecution to prove every element of your crime beyond a reasonable doubt. If the strength of evidence cannot secure a felony conviction, the charges may be reduced to an aggravated misdemeanor or misdemeanor. 

Also, if you are a first-time offender, the DA is more likely to offer you a plea deal, reducing your charge in exchange for a more lenient sentence. Of course, you will want a skilled Georgia sex crimes defense lawyer by your side to help secure the most favorable plea bargain. 

Reasons a Sex Crime May Be Dismissed

Your sex crime charge may be dismissed if evidence was obtained illegally, if there are procedural errors in court, or if probable cause cannot be established at your preliminary hearing (if you are charged with a felony). Evidence that is in violation of your Fourth Amendment rights is considered illegally obtained. Common examples include lack of consent or if certain evidence was only acquired as a result of other evidence that was illegally obtained (fruit of the poisonous tree). 

Secondly, procedural errors can include a myriad of things, from failure to admit pertinent evidence to improper jury instructions. However, procedural errors will generally only result in a charge dismissal if the error happens before trial. If your attorney believes that a procedural error has occurred during the trial, he or she must preserve the right to appeal the error by making an objection. 

Lastly, if there is not enough evidence to show that a crime was committed and that you most likely committed it, then the judge will dismiss the charge at your preliminary hearing. Preliminary hearings are also known as “probable cause hearings” since your case will not proceed any further if the prosecution cannot find enough evidence against you. Having experienced counsel to guide you along the way is key to a positive case outcome. 

Speak with Our Georgia Sex Crimes Defense Lawyers

Being accused of a sex crime can result in serious consequences, destroying your future endeavors. Before you step foot in court, your first step should be contacting an experienced Georgia sex crimes defense attorney. To learn how our defense team can be of help, contact the legal team at Banks, Stubbs, & McFarland today to schedule your consultation.