Criminal Defense Attorneys in Greenville
Sex crimes can have devastating consequences on your day-to-day life. Even allegations will severely damage your reputation and impact your personal and professional relationships. In light of this, it is important to remember that everyone has the same rights in the criminal justice system. You are innocent until proven guilty of the criminal charges leveled against you, and it is crucial that you take the situation seriously and work with a dedicated Greenville sex crime lawyer who understands the legal challenges you are facing.
What Offenses Qualify as Sex Crimes?
South Carolina codifies most criminal offenses based on sexual acts as criminal sexual conduct while those that involve non-consensual sexual intercourse or penetration as sexual battery. Criminal sexual conduct can be divided into a number of different degrees based on factors including the age of the affected party, use of force, and inability of anyone involved to consent to the act.
The severity of the penalties and consequences for a criminal sexual conduct conviction vary based on the degree. They all are listed as felonies under South Carolina law aside from sexual battery involving a student 18 years of age or older that does not involve the use of force, which is classified as a misdemeanor charge. The felony charges associated with criminal sexual conduct carry punishments of maximum prison sentences ranging from 10 to 30 years if the alleged victim is an adult, and a maximum sentence of life in prison if they are a minor at the time.
Penalties for Sex Crimes in Greenville
The various degrees of criminal sexual conduct recognized by law in South Carolina carry different penalties according to the circumstances surrounding the case. The consequences of a conviction are listed below:
1st-Degree Criminal Sexual Conduct
This is a felony charge that can result in a maximum prison sentence of 30 years. It is classified by the following circumstances:
- The use of violence aggravated physical force, or threatened use of a deadly weapon
- The circumstances surrounding the act involved extortion, trafficking, kidnapping, forced confinement, burglary, housebreaking, etc.
- The victim was drugged into an incapacitated or helpless state without consent
2nd-Degree Criminal Sexual Conduct
This is a felony charge that can result in a maximum prison sentence of 20 years. It is classified by the victim being coerced into an act of sexual battery through credible threats of violence or force of a high and aggravated nature.
3rd-Degree Criminal Sexual Conduct
This is a felony charge that can result in a maximum prison sentence of 10 years. It is classified by the following circumstances:
- The victim was coerced into an act of sexual battery through the use of force without any additional aggravating circumstances
- Had knowledge or reasonable opportunity to have knowledge of the victim’s mental or physical incapacitation
1st-Degree Sexual Assault and Battery
This is a felony charge that can result in a maximum prison sentence of 10 years. It is classified by the following circumstances:
- The victim was injured while the defendant touched their private parts either over or under their clothing both without consent and with “lewd and lascivious intent”. Private parts are considered the genitals, buttocks, or breasts.
2nd-Degree Sexual Assault and Battery
This is a misdemeanor charge that can result in a maximum prison sentence of 3 years in addition to a fine of up to $2,500. It is classified by the following circumstances:
- The victim was injured or the intent to injure existed while the defendant touched their private parts either over or under their clothing without consent, but not necessarily with harmful intentions
Spousal Sexual Battery
This is a felony charge that can result in a maximum prison sentence of 10 years. It is classified by the following circumstances:
- One spouse commits an act of sexual battery against the other using aggravated force using the threat of a weapon, violence of a high and aggravated nature, or physical force
Our legal team at FR Law has experience building defense strategies for similar cases. We are prepared to provide legal advice and representation for you regardless of the severity of your charges.
If you are facing criminal charges for sex crimes you will need the help of a knowledgeable lawyer throughout the legal process. At FR Law, our talented Greenville criminal defense attorneys will fight to help you avoid a criminal conviction or negotiate a plea deal for lesser charges and protect your legal rights. We understand the difficulties these charges can bring and know the best defense strategies depending on the circumstances surrounding your case. Contact us at (864) 668-1661 today to schedule a no-cost initial consultation to see what we can do for you!