Philadelphia Indecent Assault Lawyers
Indecent assault—like any sexual offense—can alter your future for a very long time, potentially for the remainder of your life. In the court of public opinion, you are often considered guilty before you have even had the chance to defend yourself or go to trial. A severe social stigma is attached to sex crimes, including indecent assault.
If you find yourself facing charges of indecent assault, you may feel extremely worried about your future and stressed about the outcome of your trial. You may also feel unsure whether you need an attorney to represent you. Further, you might not know how to choose the best sex crimes defense attorney in Pennsylvania.
Sex crimes have dire consequences in the justice system. The collateral damages you face can destroy your future and your relationships. It is essential that you fully understand your rights and the penalties you could potentially face.
When we think of “sexual assault,” we generally think of rape. Indecent assault is another type of sex crime, however. Indecent assault involves touching or threatening to touch another individual’s body sexually without that individual’s consent. Indecency refers to anything of a sexual nature done to another person or in front of another person.
Making another person do something of a sexual nature in front of you is also considered indecency. In the state of Pennsylvania, there are charges of indecent assault and aggravated indecent assault.
Indecent assault is considered a second-degree misdemeanor when the offender has indecent contact with the victim without consent from the victim, or the victim is under 16, and the offender is at least four years older than the victim. This second-degree misdemeanor can also occur when the victim and the offender are not married to one another.
Indecent assault is a misdemeanor of the first degree if the offender has indecent contact with the victim
- Through force or the threat of force that is meant to prevent resistance from the victim, or
- The victim is unconscious, thus unaware the indecent contact is occurring, or
- The offender has impaired the victim’s power to control their conduct through drugs, intoxicants, or other means, or
- The victim has a mental disability that renders them incapable of consent, or
- The victim is under the age of 13.
Indecent assault becomes a third-degree felony when the offender has indecent contact with a victim under the age of 13 and
- This is a subsequent offense, or
- The indecent assault included the offender’s genitalia touching the victim’s genitalia and penetration, however slight, for any purpose other than medical, law enforcement procedures, or hygienic reasons.
The prosecution can bump any offense up to a more serious charge if it is a second or subsequent offense.
A second-degree misdemeanor can become a first-degree misdemeanor, a third-degree felony can become a second-degree felony, and so on. Indecent assault charges can be extremely complex. However, choosing the right attorney can make a significant difference in the outcome of your charges. In the event you are convicted of the offense of indecent assault, your attorney can advocate for lessening your punishment through addiction treatment, along with a psychological diagnosis of a disorder.
Pennsylvania Indecent Assault Statute
(a) Offense defined.–A person is guilty of indecent assault if the person has indecent contact with the complainant, causes the complainant to have indecent contact with the person, or intentionally causes the complainant to come into contact with seminal fluid, urine or feces for the purpose of arousing sexual desire in the person or the complainant and:
(1) the person does so without the complainant’s consent;
(2) the person does so by forcible compulsion;
(3) the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
(4) the complainant is unconscious, or the person knows that the complainant is unaware that the indecent contact is occurring;
(5) the person has substantially impaired the complainant’s power to appraise or control their conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants, or other means for the purpose of preventing resistance;
(6) the complainant suffers from a mental disability that renders the complainant incapable of consent;
(7) the complainant is less than 13 years of age; or
(8) the complainant is less than 16 years of age, the person is four or more years older than the complainant, and the complainant and the person are not married to each other.
(b) Grading.–Indecent assault shall be graded as follows:
(1) An offense under subsection (a)(1) or (8) is a misdemeanor of the second degree.
(2) An offense under subsection (a)(2), (3), (4), (5), or (6) is a misdemeanor of the first degree.
(3) An offense under subsection (a)(7) is a misdemeanor of the first degree unless any of the following apply, in which case it is a felony of the third degree:
(i) It is a second or subsequent offense.
(ii) There has been a course of conduct of indecent assault by the person.
(iii) The indecent assault was committed by touching the complainant’s sexual or intimate parts with sexual or intimate parts of the person.
(iv) The indecent assault is committed by touching the person’s sexual or intimate parts with the complainant’s sexual or intimate parts.
Penalties Associated with an Indecent Assault Conviction
In Pennsylvania, a second-degree misdemeanor conviction can result in up to two years in prison and a fine as large as $5,000.
A third-degree misdemeanor conviction can result in six months to one year in prison and a fine as large as $2,500.
A third-degree felony conviction can result in up to seven years in prison and a fine as large as $15,000.
A second-degree felony conviction can result in up to ten years in prison and a fine as large as $25,000.
Additionally, if you receive a conviction for any type of sexual assault in Pennsylvania, you must register annually on the national sex offender registry. When you must register as a sex offender, your life will change—perhaps permanently. The sex offender registry dictates where you live and work—and can prevent you from obtaining employment for which you may otherwise be qualified.
Pennsylvania Sex Registry
Pennsylvania state law enforcement creates and maintains the sex offender registry in the state. This registry contains the names of those who live, work, or attend a state school and have been convicted of a sex offense. While every state has a sex offender registry, some states call the registry another name.
In the state of Pennsylvania—and several other states—it is known as Megan’s Law. The federal sex registry only requires community notification, but the Pennsylvania state law requires a sex offender registry and community notification.
Many people have challenged Megan’s Law over the years as being unconstitutional. The law was expanded in 2011 to include additional sex offenses and more extended registration periods. Because those changes were applied retroactively to cases, some have tried to challenge these changes in state courts. Further, even though the new requirements were ostensibly not intended to be punitive, some courts have found them to be punitive.
Pennsylvania’s sexual registry has three different “tiers” of offenders.
- Tier 1 Offenders. Tier 1 offenders are unlikely to re-offend and have been convicted of crimes like corruption of a minor or unlawful restraint. Tier 1 offenders must have their photo taken by the Pennsylvania State Police each year for a period of fifteen years.
- Tier 2 Offenders. Tier 2 offenders have been convicted of such offenses as indecent assault or unlawful contact with a minor. A Tier 2 offender must remain on the registry for 25 years and must be photographed by Pennsylvania State Police twice a year for 25 years.
- Tier 3 Offenders. Tier 3 offenders are considered the worst offenders and are more likely to re-offend. About 60 percent of Pennsylvania’s sexual registry individuals are Tier 3 offenders. Those who commit offenses like rape, incest, or aggravated indecent assault are required to remain on the registry for the remainder of their life, having their photograph taken by the Pennsylvania State Police four times each year.
Are There Any Defenses to Indecent Assault?
Your defense to the charges of Indecent Assault in the state of Pennsylvania will depend on the facts and circumstances surrounding those charges. Perhaps one of the strongest defenses for a charge of indecent assault is that the alleged victim was a consenting adult, and the issue is more one of “he said/she said” than anything else. A strong cross-examination of the alleged victim by your attorney can bring out inconsistencies in his or her story.
Perhaps one of the few defenses to aggravated indecent assault charges is showing the alleged victim is an adult who gave consent. The goal of your attorney will be to find evidence that supports your account of the events, as well as contradictions or weaknesses in the alleged victim’s story.
Do I Really Need an Attorney for My Charges of Indecent Assault?
If you have been charged with indecent assault or aggravated indecent assault, you may be indecisive about whether you really need an attorney or whether you should just plead guilty and move on with your life. Pleading guilty is almost never the “move on with your life” thing you think it might be. When you plead guilty, there is no room for lowered charges or lowered penalties.
When you have an experienced attorney by your side, they can almost always negotiate a better deal than you would get on your own. Your initial charges could be negotiated down to a lesser misdemeanor charge, and if convicted, your attorney could negotiate a better sentence, perhaps even one that does not include prison or offers a better “Tier” on the sex offender registry. It’s important that you think about your future and what an experienced attorney can do for you.
If there were mistakes made when you were arrested, or if your civil rights were violated by law enforcement in any way, there is always the possibility that your attorney can even have your charges dropped entirely. A highly skilled criminal defense attorney has learned many things throughout his or her legal career—things that you would have no way of knowing and things that could potentially help you significantly.
Take your charges of indecent assault seriously and hire a serious lawyer who is committed to helping you minimize the damage associated with your charges. After your arrest, do not talk to law enforcement. Law enforcement officers are trained to garner your trust by telling you that if you just tell them what happened, they will allow you to go home.
Never believe this. Anything you say will be taken out of context and used against you to convict you of a crime you may not even have committed. Take your Miranda rights very seriously and find an attorney you trust to get on board quickly. The sooner you have an attorney who will fiercely advocate for you and your future, the better.
Helping Those in Philadelphia
Our team of experienced Pennsylvania sex crime defense attorneys will be there to help you the moment you get charged with a sex crime. Our lawyers will work on building a defense designed to expose the holes in the prosecution’s case against you.
Our Philadelphia Center City location is: Two Penn Center Plaza, Suite 200, Philadelphia, PA, and we make ourselves available to meet with you locally throughout Pennsylvania.
When you have been accused of a sex offense in Philadelphia, you need justice; and you need a top criminal defense lawyer with years of experience winning the tough cases: contact the Justice for the Accused Criminal defense team today. Contact us 24/7 at (215) 515-6111.