Defense of Aggravated Sexual Assault Charges

There are few charges that can be as traumatizing and hard to combat then being accused of aggravated sexual assaults. These cases, especially those involving the sexual contact with minors by an adult, whether consensual or not, can involve a myriad of issues that an only an experienced criminal defense attorney can address. Many cases of aggravated sexual assault will involve charges that are brought long after the alleged sexual contact took place. This can be due to several factors, most often to the psychological trauma that the victim may have experienced afterward; and, their reluctance to confront the alleged perpetrator.

Often an alleged victim can simply make an accusation with little to no evidence. If the alleged assault has taken place more than 72 hours ago, the police may not take the victim to the hospital for an examination, as there is little chance that any evidence can be collected. An experienced defense attorney will point out these issues and make the appropriate motions and objections as part of an overall defense meant to weaken the prosecution's case.

If no medical examination is possible, the state must still present an investigator to conduct an interview of the victim. This is possibly the most important interview during the entire process of the case. The state can only ask certain questions and must conduct the entire interview without posing questions that are suggestive or cause the victim to answer in a manner they otherwise would not. The attorneys at Bailey & Orozco, LLC, not only have the experience necessary to identify these issues, but also to request the necessary hearings to determine if the accused should be released due to the suggestive nature of the questions asked of the victim. Normally the content of the interview conducted by investigators is not released until the defendant has been indicted.

Once a defendant has been indicted, the criminal defense lawyers at Bailey & Orozco will have a much better understanding of the evidence that the state will rely upon in order to prosecute. DNA evidence may be presented, as well as witness statements and other evidence from the scene of the crime. It is at this point in the representation that most legal issues are argued on behalf of a client.

If the defendant has made any statements during the interrogation process upon his arrest, these will also need to be addressed. Coercive tactics are often used against suspects, especially when they don't have an attorney present to offer legal advice. Our experienced criminal defense attorneys can provide your with the best legal representation possible.

Finally, all persons who are charged with aggravated sexual assault are subject to the registration requirements of Megan's Law. If you have been convicted of a violation under the relevant statutes our attorneys have the necessary skill to represent you at hearings where the state will present evidence to categorize the accused according to numerous criteria. We have successfully prevented individuals from being unnecessarily categorized without sufficient evidence.