When you’re facing sex crime charges in Birmingham, AL, the situation can quickly feel overwhelming. The gravity of such an allegation alone is enough to create immense stress and anxiety about your future. At a time like this, finding legal representation is essential.
We’re here to help you face these charges. Contact Jaffe, Hanle, Whisonant & Knight, P.C. at 205-930-9800 to schedule a free consultation with a Birmingham sex crimes lawyer.
How Jaffe, Hanle, Whisonant & Knight, P.C. Can Help if You’re Arrested for a Sex Crime in Birmingham
If you find yourself arrested for a sex crime in Birmingham, Alabama, Jaffe, Hanle, Whisonant & Knight, P.C. can offer invaluable support and guidance through this trying time. Our Birmingham criminal defense attorneys have over 100 years of combined experience and have successfully helped clients fight back against the prosecution since 1991.
Here’s how we can assist you in this situation:
- We will carefully assess your situation and offer legal advice based on a deep understanding of Alabama’s sex crime laws.
- Our attorneys will collect all pertinent information and evidence to assemble the most solid defense possible. This includes reviewing evidence given to us by the district attorney as well as doing our own investigation to uncover all evidence that will help in your defense.
- Facing a trial can be daunting. Our skilled trial attorneys have extensive courtroom experience and are prepared for aggressive court representation if that’s what is best for you.
- Not all cases need to go to trial. If possible, we will work to have your charges dismissed or reduced.
If you’re facing sex crime charges in Alabama, we’re here to help. Contact our criminal defense law firm today for a free case review.
Overview of Sex Crimes in Alabama
In Alabama, sex crimes encompass a broad spectrum of offenses that are taken very seriously and carry severe penalties. Here’s an overview of some specific sex crimes defined under the state law:
Rape in the First Degree
Rape in the first degree occurs when an individual engages in sexual intercourse with someone through forcible compulsion or with a victim who cannot give consent due to physical or mental incapacitation. Additionally, first-degree rape applies when the accused is 16 years or older and the victim is 11 years old or younger.
Rape in the Second Degree
Sexual intercourse constitutes second-degree rape if an individual aged at least 16 years has intercourse with someone between the ages of 12 and 15, and if there is an age difference of at least two years.
The law also covers situations where a person cannot consent due to being “mentally defective,” meaning their mental condition makes them incapable of understanding the nature or consequences associated with sexual interactions.
Sexual Abuse in the First Degree or Second Degree
In Alabama, sexual abuse is defined as subjecting another to sexual contact – not intercourse – without consent or through force. Consent is considered absent when the individual is either physically helpless or mentally incapacitated.
Sexual Misconduct
This broad categorization is meant to encompass a variety of sexual offenses that may not meet the specific requirements for other sex crimes. It typically refers to non-consensual intercourse where there was no element of force or compulsion and does not fulfill the criteria of rape charges.
Other Sex Crimes
There are many other sex crimes that could result in criminal charges, including:
- Sodomy in the first degree
- Sodomy in the second degree
- Sexual torture
- Indecent Exposure
- Enticing a child to enter a vehicle, house, office, or other place for immoral purposes
- Promoting prostitution
- Violations of the Alabama Child Pornography Act
- Unlawful imprisonment for the purposes of abusing a minor sexually
- Kidnapping with the intent to abuse a victim sexually
- Incest
- Transmitting obscene material to a child by computer
- School employee engaging in a sex act with a student
Jaffe, Hanle, Whisonant & Knight, P.C. has extensive experience handling all types of sex crimes cases. We’re ready to get started building your defense.
What Are the Penalties for Sex Crimes in Birmingham, Alabama?
The repercussions of being convicted of a sex crime in Birmingham, Alabama, are severe and life-changing. The penalties for some of the commonly charged sex crimes include:
Rape in the First Degree
Rape in the first degree is a Class A felony. Those found guilty face at least 10 years and as many as 99 years in jail or life imprisonment. Additionally, the courts can impose fines of up to $60,000.
Rape in the Second Degree
Rape in the second degree is charged as a Class B felony. In these cases, sentencing ranges between at least 2 years and up to 20 years in prison.
Sexual Abuse in the First Degree
Sexual abuse in the first degree is regarded as a Class C felony and is punishable by up to one year in jail and a fine of $6,000.
Sexual Misconduct
Sexual misconduct is generally charged as a Class A misdemeanor and carries up to one year in jail and a possible fine of $6,000.
Other Penalties for Sex Crime Convictions in Birmingham
Beyond the immediate legal penalties such as incarceration and fines, if you’re convicted of a sex crime in Alabama, there are other collateral consequences that you face, including:
Sex Offender Registration
Alabama law mandates that any individual convicted of an enumerated sex crime must register with the state’s Sex Offender Registry. Crimes that necessitate registration include, but are not limited to, rape, sodomy, and sexual misconduct, among others.
Registering as a sex offender can severely limit where a defendant is able to live since avoiding designated areas like schools and children’s facilities is often legally required.
Impact on Personal Relationships
A sex crime conviction may have pervasive effects on your personal relationships, often leading to severe strain or outright severance of connections with family, friends, and romantic partners. The stigma associated with such crimes might cause people in your circle to distance themselves due to trust issues or societal pressure.
Job Opportunities and Professional Licenses
A conviction can lead to a loss of job prospects, given many employers’ apprehension about hiring someone with this type of criminal background. Additionally, some professional licenses may be revoked or denied outright.
Ultimately, any kind of sex crime conviction in Alabama carries serious penalties. If you find yourself facing charges, you should speak with a criminal defense lawyer as soon as possible.
What Defenses Can Be Raised if I’m Arrested for Sex Crimes in Birmingham, Alabama?
When facing charges for sex crimes, it’s important to understand the defenses that may be available to contest these allegations. Some of the most common ones that can be raised by you and your defense attorney include:
Consent
One common defense is consent, where the accused will assert that the alleged victim voluntarily agreed to engage in sexual activity. Evidence of consent can include communications between the parties or witness testimonies.
However, it’s important to remember that consent cannot be used as a defense under certain circumstances, such as when the alleged victim is under 16 years old.
Mistaken Identity or False Accusations
You might use mistaken identity or false accusations as a defense, claiming that you were not the person who committed the alleged crime. This can involve presenting alibis, leveraging forensic evidence, and scrutinizing any identification procedures carried out by law enforcement.
Alibi
This can be critical to your defense if you have a credible alibi for your whereabouts at the time of the alleged offense. Any proof that confirms your presence at another location when the crime occurred helps establish that you could not have been involved.
Insufficient Evidence
The prosecution must prove the crime beyond a reasonable doubt, so challenging the adequacy of the evidence against you is a potential strategy. Your defense might focus on highlighting holes in the prosecution’s case or questioning the reliability and credibility of the evidence presented.
Violation of Constitutional Rights
If your constitutional rights were violated during the investigation, arrest, or handling of evidence—such as illegal searches and seizures—you can challenge the admissibility of any evidence recovered through these means. Suppressing this tainted evidence could substantially weaken the prosecution’s case against you.
Schedule a Free Case Evaluation With Our Birmingham Sex Crimes Lawyers
If you’re facing allegations of a sex crime in the Birmingham, Alabama, area, it’s crucial to act quickly and secure legal representation. Our experienced attorneys can help you understand the charges against you and explore potential defense strategies. Contact Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free consultation with a Birmingham sex crimes lawyer.