Being charged with any type of sexual offense in Kentucky is a serious matter. Being found guilty can mean prison time and, in nearly every instance of conviction for a sexual offense, requires the offender to register on both the Kentucky and National Sexual Predator Registries, with photos, something every potential employer can see during routine background checks. In addition to affecting your career, your criminal record will negatively impact your reputation, personal relationships, and the ability to receive housing and educational benefits in the future.
If you or your loved one has been charged with a sex crime in Kentucky, the Lexington sexual offense attorneys at Dan Carman, PLLC are available to fight for your rights and your freedom. We know Kentucky prosecutors, courts and the system, and have helped many clients over the years, and we are fully prepared to do the same for you. We offer a free, no-obligation consultation to discuss the circumstances of your sex crime charges and determine the best way to help, so call us today to get started building your defense.
Why Choose Our Lexington Sexual Offense Defense Lawyer
There are many attorneys in Kentucky, but when dealing serious sex crime issues, it’s important for you to find one with the necessary knowledge and resources to help you get the best results possible. Here’s some reasons why we think you should choose Dan Carman:
- We are experienced and bilingual. Attorney Dan Carman speaks Spanish and has many years of experience representing clients accused of sex crimes, as well as possession and distribution of drugs, possession of child pornography, larceny, hazing, obstruction of justice, and many other crimes. While serving in the armed forces, Dan was a Judge Advocate “JAG” (defense lawyer and prosecuting attorney) for Marine Corps and Navy personnel charged with felonies. This experience gives him knowledge of both sides of the legal process, which can be very advantageous to those charged with criminal offenses.
- We understand what you are going through and that you may feel vulnerable and confused, so we do everything possible to make you feel safe, listened to and understood.
- We are recognized in our field. Dan Carman is a member of various local and national Bar Associations has previously been named in the Top 100 Trial Lawyers and Top 40 Under 40 by the National Trial Lawyers.
- We are available 24/7 for client emergencies.
- We have many satisfied clients, and have won an award for the 10 Best attorneys in client satisfaction by the American Institute of Criminal Law Attorneys.
At Dan Carman, PLLC, we know how to gather and examine evidence such as police reports, recordings, and testing logs. We know your rights and the rules and regulations police officers must follow, and how to use mistakes they make to build your case. We are fully prepared to find weaknesses in the prosecutor’s case, negotiate to get you the best deal possible, and take your case to trial if necessary.
How Our Sex Crime Defense Lawyer in Kentucky Works for You
Time is often of the essence when you are placed under arrest, so it’s important to reach out to us as soon as possible. At Dan Carman, PLLC, we work get to work immediately to make sure you get the best defense possible. We will:
- Meet with you to discuss the circumstances that caused you to be accused of a sex crime and determine the best way to build a solid defense
- Be there for you and prepare you for all hearings and court appearances, and prevent you from saying or doing anything that would hurt your case
- Scrutinize the actions of the law enforcement officials to determine if your rights were violated or evidence was handled incorrectly, as violations can greatly enhance the possibility you will be found not guilty
- Negotiate with prosecutors and looking for ways to have your charges dismissed or lessened
- Take your case to court to defend you if necessary
- Handle any appeals.
Lexington Defense Attorney Explains Types of Sexual Offenses
Sexual offenses are generally defined as a class of sexual conduct prohibited by law. Chapter 510 of the Kentucky Revised Statutes lists rape, sodomy, sexual abuse, sexual misconduct, indecent exposure, and “unlawful use of electronic means originating or received within the Commonwealth to induce a minor to engage in sexual or other prohibited activities,” as sexual offenses. Depending on several factors, including the intent, the age of the person who was subjected to the offense, the person’s ability to consent, and the number of times the offense occurred in a certain time period, the charges will be treated as either a misdemeanor or a felony.
Rape – Rape is defined by degrees in KRS Chapter 510.
- Rape in the first degree is the act of engaging in sexual intercourse with someone by physical force or threat of physical force, or engaging in sexual intercourse with someone who is incapable of consent because they are physically helpless or less than 12 years old.
- Rape in the second degree is the act of engaging in sexual intercourse by a person 18 years old or more with someone less than 14 years old or who is mentally incapacitated.
- Rape in the third degree is the act of engaging in sexual intercourse with someone who is incapable of consent for many reasons.
Sodomy – Sodomy is an act of deviate sexual intercourse, and is also delineated by first, second, and third degrees. Additionally, a charge of sodomy in the fourth-degree results for deviate sexual intercourse with another person of the same sex.
Sexual abuse – Sexual abuse involves touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire. There are also three degrees of sexual abuse, with first degree treated as a Class D felony, unless the victim is less than 12 years old, in which case it is treated as a Class C felony. Second degree sexual abuse is treated as a Class A misdemeanor, and third degree as a Class B misdemeanor.
Sexual misconduct — Sexual misconduct occurs when a person engages in sexual intercourse or deviate sexual intercourse with someone without that person’s consent.
Indecent exposure – A person who “intentionally exposes his genitals under circumstances in which he knows or should know that his conduct is likely to cause affront or alarm to a person under the age of 18 years” is guilty of indecent exposure in the first degree. The first offense of is treated as a Class B misdemeanor; any subsequent offense after three offenses committed within three years of a prior conviction is treated as a Class D felony. If the exposure is to someone 18 years old or older, it is indecent exposure in the second degree, treated as a Class B misdemeanor.
Unlawful use of electronic means – This refers to inducing a minor to engage in sexual or other prohibited activities through any communications system or device.
What Are the Penalties for Sexual Offenses?
Punishment for sexual offense convictions can range from not more than 90 days behind bars to more than 20 years or life, depending on the crime and on the age of the victim. For example:
- Sexual abuse in the third degree is a Class B misdemeanor, with generally no more than 90 days’ imprisonment.
- Rape in the first degree is either a Class B or Class A felony (depending on whether the victim is less than 12 and if they were seriously physically injured) and brings imprisonment for 10 to 20 years up to 50 years or life.
In addition to imprisonment, The Kentucky Sex Offender Registration Act requires offenders to register on or before their release with the probation and parole office in the county where they intend to live. Failure to do so is a felony, and lifetime registration is required for persons who have one or more prior convictions for certain sexual crimes.
Sex Crime Attorney Knows Available Defenses
Sex crime accusations often involve more than meets the eye. Depending on the individual circumstances of your situation, there are several approaches that can be used to defend you. In general, criminal defense strategies attempt to challenge the validity and sufficiency of the prosecution’s evidence.
Examples include: constitutional violations of your rights, such as illegal search and seizure of your home, car, clothing, or person; failure to obtain a warrant for entry; obtaining an improper confession; or failure to have your “Miranda Rights” read at the time of the arrest. When these violations occur, evidence illegally obtained may be suppressed, or your case may even be dismissed.
Other defenses include: insufficient or tainted evidence, factual innocence, and mistaken identity. In some cases, consent is a defense, although minors, the mentally disabled and unconscious or intoxicated people typically cannot provide valid consent.
Alibi or affirmative defenses. You may have an alibi that proves you were somewhere else at the time of the offense. With an affirmative defense, you admit to the court that you committed crime, but explain how your actions were justified under the circumstances. Some affirmative defenses are:
- Entrapment, if police induced you to commit a crime that, under ordinary circumstances, you would never have committed
- Mistaken identity, if there is evidence that you were mistaken for someone else
- Insanity, if it can be proven that you were suffering a severe mental disease or defect at the time the crime was committed
- Lack of sufficient evidence, if the prosecution lacks enough evidence to prove the guilt beyond a reasonable doubt. Our attorneys may challenge the reliability of witness testimony, the credibility of evidence, or the legality of the search and seizure procedures.
Police officers are required to follow rules and regulations, and it is important to have an attorney that understands exactly what they are supposed to do – and can catch it when they don’t. Acting quickly is the best way to protect your rights.
Get Help from Lexington Sexual Offense Lawyer Dan Carman
If you or your loved one was charged with a sexual offense in Kentucky, you need to act immediately by and get help from a dedicated Lexington sexual offense lawyer. At Dan Carman, PLLC, we have a proven track record of successfully defending clients against sex crime allegations, and we are committed to providing you with the best defense possible. If you have been accused, contact us immediately for a confidential consultation to begin building a strong defense strategy. Having our skilled and experienced legal team by your side can make all the difference in securing a favorable outcome in your case.
Call Dan Carman today at 859-6855 so we can begin building your defense against these very serious charges.