I Have Been Wrongfully Charged with a Sex Crime. Is Jail Time Inevitable?

 Posted on June 16, 2023 in Criminal Defense

Being wrongfully charged with a sex crime is a serious matter that can have long-lasting consequences for the individual charged. From harm to your reputation to social ostracism, being charged, especially wrongfully charged, for committing a sex crime is likely to turn an individual’s world upside down. The looming prospect of jail time only adds to the stress of the situation. However, you may be pleased to know that jail time is not inevitable. With the help of a criminal defense attorney, you can fight to clear your name of these false charges and move on with your life.

Here is What You Need to Know About this Situation

First, remember that you are innocent until proven guilty in the United States. Being charged with a crime does not mean you will automatically go to prison. The prosecution must prove beyond a reasonable doubt that you are guilty. As such, to secure a conviction, the prosecution must also establish elements of the crime and demonstrate to the satisfaction of a jury that you did commit the offense you are charged with.

Depending on the sex crime you have been charged with and the evidence against you, several strategies can be employed to avoid jail time or minimize the potential prison sentence. One common strategy is to challenge the evidence on procedural grounds. Your defense attorney can deny the answer of the evidence behind your charges, refute the prosecution’s evidence, or demonstrate the lack of credibility behind the prosecution’s witnesses.

What About a Plea Deal?

Another option may be a plea deal. In cases where the evidence is particularly strong, your attorney may be able to negotiate a plea deal with the prosecutor. In this scenario, you would plead guilty to some or all of what you have been charged with in exchange for a reduced sentence. However, please remember that by accepting a plea deal, you are admitting guilt for an offense committed. These considerations will be important to discuss with your attorney as you weigh how to proceed with your case.

What if I Want to Fight the Charges?

In cases where you want to fight the charges, your defense attorney may also argue for alternative sentences that keep you out of jail. For example, suppose your attorney can demonstrate that jail is not the best solution for rehabilitation. In that case, a judge may choose to sentence you to probation, community service, or counseling and therapy sessions instead of incarceration.

Contact a Milwaukee County Sex Crimes Attorney

For legal representation in your criminal matter, contact the skilled Walworth County sex crimes lawyer with Bucher Law Group, LLC. Call 262-303-4916 for a free consultation.

Source - https://www.justice.gov/usao/justice-101/pleabargaining