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DAVID CLARK
Criminal Defense Attorney

Montgomery County Sexual Battery Lawyer

Criminal offenses involving sexual acts can result in some of the most severe punishments and long-lasting consequences. Aside from jail and fines, individuals also can face mandatory sex offender registration, which has its own set of repercussions.

A Montgomery County sexual battery lawyer may be able to help build a defense on your behalf if you are facing criminal charges involving a sex offense.

A felony conviction can permanently prevent you from working some jobs and pursuing some careers. You also are likely to lose some of your civil rights, including the right to vote and to possess firearms.

A skilled sex crimes attorney may be able to explain the full potential implications of a felony sex offense conviction to you.

What Does Sexual Battery Mean?

Rather than explicitly referring to sexual battery, Pennsylvania law establishes similar criminal offenses of sexual assault and indecent assault. Under 18 Pa. Con. Stat. § 3124.1, sexual assault occurs when individuals have sexual intercourse or deviate sexual intercourse with others without consent.

If the other persons are under the age of 16, and they are at least four years older, then the offense according to 18 Pa. Con. Stat. § 3122.1 is statutory sexual assault.

Indecent assault, on the other hand, is a criminal offense that covers a broader range of sexually-related contact and behaviors. Under 18 Pa. Con. Stat. § 3126, indecent assault occurs when they have any improper contact with others or intentionally have any contact with semen, urine, or feces of others to arouse sexual desire. This conduct does not rise to the level of indecent assault unless the contact occurs:

  • Without the consent of the other person
  • By using force or the threat of force
  • With the other person unconscious or unaware that the contact is occurring
  • After the individuals have administered drugs or alcohol to impair the judgment of the other party without their knowledge

Other circumstances under which indecent assault may occur include indecent contact with mentally disabled persons, persons who are under the age of 13, and persons who are under the age of 16 when the individuals are at least four years older than them.

A sexual battery lawyer in Montgomery County may be able to evaluate the situation and determine the best means of defending individuals against these serious charges.

Sanctions for Sexual Assault

Both sexual assault and statutory sexual assault are second-degree felony offenses. Under 101 Pa. Code § 15.66, a conviction for a second-degree felony can result in a ten-year prison sentence and a $25,000 fine.

Statutory sexual assault, however, may result in a first-degree felony charge if one party is under the age of 16 and the other party is at least 11 years older. A first-degree felony conviction carries the potential for a 20-year prison term and a maximum $25,000 fine.

Penalties for Indecent Assault in Montgomery County

There are varying levels of charges for indecent assault, depending on the circumstances. For example, indecent assault is a second-degree misdemeanor if it occurs without the consent of one party or if it involves sexual contact between a party under the age of 16 and a party who is at least 11 years older. A second-degree misdemeanor has a maximum penalty of two years of incarceration and a $5,000 fine.

In most indecent assault cases, the offense is a first-degree misdemeanor, which has the potential for a five-year prison term and a $10,000 fine. However, the crime becomes a third-degree felony, such as when the accused individuals:

  • Have committed a second or subsequent offense
  • Have engaged in a course of conduct of indecent assault
  • Engaged in the touching of sexual or intimate parts

For a third-degree felony conviction, individuals may serve up to a seven-year prison sentence and pay a $15,000 fine. As the ramifications of a felony offense are particularly harsh, individuals in this situation may want to seek the advice of a sexual battery attorney in Montgomery County.

Speak with a Montgomery County Sexual Battery Attorney Today

In addition to the charges and penalties outlined above, individuals also may face aggravated indecent assault charges, which carry the potential for even more significant penalties. The impact of a criminal conviction for sexual or indecent assault can be severe and adversely affect your life forever.

A Montgomery County sexual battery lawyer may be able to explain all possible outcomes of these charges.

The stakes are high in sexual battery cases, and you cannot afford to take chances with your future. Getting legal advice may be crucial to your ability to minimize the effects of these charges on your life.