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Defining Effective Indiana Child Molest Defense

Accusations of child molestation can upend your life. When facing up to 40 years per charge for Level 1 felony child molesting, you need an Indiana child molest defense attorney who listens to you and navigates the complex law at play in child molest cases. An experienced child molest defense lawyer understands what evidence can be kept out of your case, and potential ways to show your innocence. From the initial arrest through trial, make sure your rights are protected.

What Your Indiana Child Molest Defense Attorney Needs to Know

For an accused to be convicted of a crime, the prosecution must prove each element of the charged offense beyond a reasonable doubt. A strong Indiana child molest defense makes the prosecution’s job harder by noting holes in prosecution theories, finding and offering exculpatory evidence, and implementing strategies that protect you against unfair proceedings and a railroaded conviction. In the best case, an attorney can convince the State to dismiss a case before trial ever occurs.

Under Indiana Code § 35-42-4-3, child molesting is a Level 3 felony when a person intentionally or knowingly engages in sexual conduct, such as sexual intercourse or related conduct, with a person who is less than age 14. Under Indiana child molest laws, the offense is a Level 1 felony if any of the following apply:

  • The perpetrator age 21 or older;
  • The perpetrator was armed with a deadly weapon or used or threatened deadly force;
  • The perpetrator committed the offense by giving the victim a controlled substance or drug or knew the victim had been given a drug without the victim’s knowledge; or
  • The offense resulted in the victim contracting a serious sexually transmitted disease from the perpetrator, who knew they carried the disease.

The law treats child molesting as a Level 4 felony if the perpetrator performed or submitted to touching or fondling with the intention to arouse or satisfy the sexual desires of either person. The Level 4 felony escalates to a Level 2 felony if:

  • The perpetrator used or threatened deadly force;
  • The perpetrator committed the offense using a deadly weapon; or
  • The perpetrator committed the offense by giving the victim a controlled substance or drug or knew the victim had been given a drug without the victim’s knowledge.

A defendant found guilty of these crimes faces penalties such as fines and years in prison. Such severe penalties make it essential to have a strong Indiana child molest attorney to defend you.

Serious Penalties Require a Strong Indiana Child Molest Defense Attorneys Representing You

Following conviction, an Indiana child molest sentence includes the potential for heavy jail time and severe fines, depending on the level of felony involved. The penalty ranges include the following:

In addition to incarceration and fines, defendants convicted of child molesting must also register as sex offenders with the Sex and Violent Offender Registry. An individual convicted of child molesting who is on the registry is subject to restrictions regarding where they can live and work. With such serious potential consequences, you need an experienced criminal defense attorney to handle your defense throughout your case.

How to Build an Indiana Child Molest Defense

Cases involving allegations of child molesting are challenging because of some of the factual elements involved. For example, with certain exceptions, Indiana Code § 35-42-4-3(d) makes it a defense if the accused reasonably believed that the child was 16 at the time of the conduct. But the defense is not available if any of the following apply:

  • The perpetrator committed the offense by using or threatening deadly force or while armed with a deadly weapon;
  • The offense results in serious bodily injury; or
  • The perpetrator committed the offense by giving the victim a controlled substance or drug or knew the victim had been given a drug without the victim’s knowledge.

Experienced Criminal Defense Attorneys Can Help You

A conviction for child molesting can expose you to substantial fines and a lengthy period of incarceration, making retention of an experienced criminal defense attorney critical. Your lawyer should have specific experience from which to develop a strong defense and protect your future.

If you face a child molestation charge, contact Camden & Meridew, P.C. to consult with an Indiana child molest defense lawyer who can help. Call us at 317-770-0000 or complete our online contact form today.

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