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Indianapolis Criminal & OWI Lawyers > Blog > Criminal Defense > How an Attorney Can Help You Fight a Wrongful Sexual Assault Charge in Indiana

How an Attorney Can Help You Fight a Wrongful Sexual Assault Charge in Indiana

Criminal

If you are facing sexual assault charges in Indiana, you should not underestimate the severity of the charges against you. Even if you have been wrongfully accused, you need to take the situation seriously. Being wrongfully convicted of a sexual assault charge can have devastating effects on your life. A wrongful conviction can result in jail time, fines, or mandatory registration on the sex offender registry. A wrongful conviction can result in depression, anxiety, emotional distress, and trauma. Additionally, being wrongfully convicted of sexual assault can have professional and educational repercussions and cause financial strain. If you are facing sexual assault charges in Indiana, it is vital that you retain a defense attorney. In the face of sexual assault charges, an attorney can help you in several ways, including the following;

Providing Legal Guidance

When facing sexual assault charges, you need to understand the charges against you and the legal consequences of those charges. You also need to understand your legal rights. A qualified criminal defense lawyer can explain the charges you are facing and the legal implications of those charges. A skilled attorney can help you understand your legal rights. For example, you have the right to be presumed innocent until proven guilty beyond a reasonable doubt. Your attorney will explain the elements the prosecution must prove beyond a reasonable doubt before you are convicted.

Thorough Review of the State’s Evidence

Conducting a thorough review of the State’s evidence is crucial in your defense. Your defense attorney will scrutinize the prosecutor’s evidence. Your attorney will examine witness statements and forensic reports to spot weaknesses or discrepancies. Your defense lawyer will also gather available evidence that can help prove your innocence or call into question the state’s case.

Developing a Defense Strategy

Based on the findings your attorney makes after scrutinizing the prosecutor’s evidence and the evidence they gather; they will develop a defense strategy based on the unique specifics of your case. For instance, your attorney may decide that it is best to challenge the prosecutor’s evidence. Other common strategies attorneys apply in sexual assault cases include;

  • Consent defense
  • Alibi
  • Misunderstood or misapplied science
  • Mistaken identity
  • Bias on the part of the accuser
  • Procedural errors or due process violations

Providing Guidance Every Step of the Way

The legal process can be overwhelming. An attorney should provide you with guidance every step of the way. Your attorney can help you understand all aspects of your situation, and the possible outcomes you face.  They will ensure you understand the ramifications of every choice you make. Your lawyer will ensure you are ready when you need to appear in court.

Negotiating With the Prosecutor

In Indiana, the law defining the sentencing process, the rules of evidence, and the bench, expect negotiations to be a part of every criminal prosecution.  Your defense lawyer will negotiate with the prosecutor on your behalf. This is a delicate process, requiring an attorney who understands the facts of your case, the law that applies and is skilled in negotiation.

Representing You in Court

Your criminal defense attorney will attend all court hearings with you and is responsible for educating you on the purpose of each hearing, and what you should expect to happen.    If you are expected to speak or answer questions, you and your attorney will speak about this prior to the hearing.

Contact Us for Legal Help

If you are facing sexual assault charges in Indiana, contact our skilled Indianapolis criminal defense lawyer at Rigney Law LLC to get help fighting the allegations and protecting your rights.

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