Giannini Law Office, PC.

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Giannini Law Office, PC.

Georgia law defines sex crimes in the Official Code of Georgia Annotated (OCGA) under Title 16, Chapter 6. There are three basic levels of sex crimes in Georgia: felonies, aggravated misdemeanors, and misdemeanors.

How Is A Sex Crime Determined To Be Either A Misdemeanor Or A Felony?

Most sex crimes in Georgia are felonies, but there are several exceptions. One exception is found in OCGA 16-6-22.1, which is a sexual battery. Unless it involves a child, sexual battery is a misdemeanor. Sexual battery occurs when a person intentionally makes physical contact with the intimate parts of the body of another person without their consent. Another exception is referred to as the Romeo and Juliet exception, which describes a situation in which a man has sexual intercourse with a female who is at least 14 years of age and the man is no more than four years older than the female. In all other cases, it would be considered a felony for a man to have sexual intercourse with a female who is under the age of 16.

Should Someone Hire An Attorney If They Suspect They Are Being Investigated For A Sex Crime?

If a person suspects that they are being investigated for a sex crime, I would highly encourage them to consult with an attorney prior to speaking to the police. If the police confront the person before they have a chance to talk to an attorney, I would advise them to tell the police that they would like to have an attorney present during questioning. Under Georgia law, requesting to speak to an attorney prior to meeting with the police cannot be used against someone at trial (with some minor exceptions). This means that a jury would not know that the individual exercised their constitutional right to obtain legal counsel.

Are Sex Crime Charges Automatically Dropped If The Accuser Recants Allegations?

It is very common for an accuser in a sex or family violence case to ask to have the charges dropped after the arrest has been made. While an alleged victim can request that the district attorney’s office dismiss the case, an alleged victim does not have the power to drop charges; it will be up to the discretion of the district attorney.

What Are Some Common Defense Strategies Used In Sex Crime Cases?

In order to build a strong defense against a sex crime accusation, a thorough investigation will be required. This investigation should include collecting information about the accused person’s life, activities, and connections in the community, as well as conducting witness interviews and investigating the alleged victim. It will be important to determine whether or not the alleged victim has made false accusations previously, and whether or not they have shared revealing or incriminating statements to family members or on social media websites. Every possible angle and aspect of a case should be thoroughly investigated by the defense attorney.

What Are Some Penalties And Lifelong Consequences Associated With Sex Crime Convictions In Georgia?

If a person is convicted of a sex crime in Georgia, they face prison time, fines, and a number of other penalties. In addition, they will be required to register as a sex offender in accordance with the Georgia sex offender registry law, which is found at OCGA 42-1-12. Many offenses require life in prison or lifetime registration on the sex offender registry. Georgia has one of the harshest sex offender registry laws in the country and places very stringent restrictions on offenders. For example, an offender cannot live within 1,000 feet of a school, a school bus stop, a church, a daycare, or a playground, which can make it very difficult for a person to find a place to live. At the same time, the law requires them to find a place to live and to register the address with the sheriff. Many times, people give up on trying to find a place to live and actually remove themselves from the jurisdiction. In other words, they run away from the registry requirements because they are so Draconian and difficult to abide by.

For more information on Sex Crime Cases In The State Of Georgia, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (770) 637-5505 today.

Giannini Law Office, PC.

Call For A Free Consultation
(770) 637-5505