Atlanta Sexual Assault Attorney

Atlanta Sexual Assault Lawyer

Even an accusation of sexual assault can threaten your freedom, reputation, and personal relationships. Prosecutors in Atlanta often pursue the strongest penalties possible for these crimes, including prison time and registration on the state sex offender list. If you’re being investigated or facing charges, it’s time to contact an Atlanta sexual assault lawyer. Your attorney can examine the evidence, protect you during questioning, and prepare a defense as the case proceeds.

At The Law Office of Lawrence J. Zimmerman, we represent people facing sexual assault and sexual battery allegations in the Fulton County Superior Court. Our firm has defended the people of Georgia for over 25 years, providing dedicated legal support for those facing misdemeanor and felony charges. We know the state’s sexual assault laws, and we understand what it takes to build an effective defense.

What Is Sexual Assault?

In urban areas like Atlanta, only an estimated 13.5% of sexual assaults are reported, but every allegation is taken very seriously. Sexual assault is a broad term for sexual conduct without lawful consent. Georgia doesn’t prosecute every allegation under a single statute. Instead, the charge depends on the alleged conduct, the people’s ages, and the relationship between the parties involved.

O.C.G.A. § 16-6-5.1 addresses improper sexual contact by an employee, agent, or foster parent. It also covers some people in a position of trust, such as those in schools, correctional facilities, and hospitals. Certain treatment relationships are also covered. The statute separates first-degree conduct involving sexually explicit acts from second-degree sexual conduct. Consent is generally not a defense under this law.

A different offense appears in O.C.G.A. § 16-6-22.1, which defines sexual battery as intentional physical contact with another person’s intimate parts without consent. A first offense involving an adult is generally punished as a high and aggravated misdemeanor, while certain cases become felonies.

O.C.G.A. § 16-6-22.2 covers aggravated sexual battery, which applies when someone intentionally penetrates another person’s sexual organ or anus with a foreign object without consent. Because these statutes require different elements and carry different penalties, identifying the exact charge is essential when preparing a defense.

Defenses in a Sexual Assault Case

Across the U.S., sexual assaults, like rape, occur every 4.1 minutes. If you’re facing charges, your sexual assault defense depends on the charge, the available evidence, and the relationship between the accused and the alleged victim. In some cases, the defense may argue that the contact was consensual. However, consent isn’t a defense in certain offenses, including those involving:

• Teachers
• Therapists
• Law enforcement officers
• Correctional workers
• Others who hold professional authority over the accuser

Other defenses may focus on mistaken identity or a false allegation. Text messages, location records, surveillance footage, witness statements, and social media activity may contradict the accusation or provide context that was missing from the initial report. The defense may also question inconsistent statements, flawed interviews, contamination of evidence, or forensic evidence that doesn’t establish the perpetrator.

Violations of a defendant’s Constitutional rights can also affect the case. Evidence obtained through an unlawful search, an involuntary statement, or questioning that violated the accused’s rights may be challenged and possibly excluded. A defense attorney can investigate the accusation, preserve evidence, consult subject matter professionals, and file motions before a trial. Because no single defense applies to every case, the strategy will depend on the facts.

FAQs

Q: Is Sexual Assault a Felony in GA?

A: In Georgia, sexual assault is generally considered a felony, but the exact charge depends on the alleged conduct and circumstances. A conviction under state law can lead to imprisonment, substantial fines, and registration as a sex offender. However, some conduct may instead be charged as sexual battery, which can be a high and aggravated misdemeanor for a first offense involving an adult. Aggravated sexual battery and sexual battery involving minors are typically felonies.

Q: Will I Have to Register as a Sex Offender If Convicted?

A: Whether you have to register as a sex offender upon conviction depends on the type of charges you’re facing. Not every sex crime conviction leads to registration. It will depend on the specific offense, the victim’s age, and the statute governing the conviction. Violent sexual crimes and certain offenses involving minors generally require registration. This can impose reporting duties and restrictions on housing and employment, so the value of a strong defense cannot be overstated.

Q: How Long Does a Sexual Assault Case Take?

A: There’s no fixed timeline for how long a sexual assault case takes. A straightforward case may take several months, while a contested felony case can last years. The schedule depends on the:

• Investigation
• Forensic testing
• Witness interviews
• Court schedule
• Resolution method the defense pursues

Keep in mind, cases that proceed to trial typically take the longest to resolve, while those that end with a plea deal or dismissal can be resolved sooner.

Q: When Should I Hire an Atlanta Sexual Assault Attorney?

A: You should hire a sexual assault lawyer as soon as you learn that you’re under investigation, accused, or facing charges. You don’t need to wait until you’re arrested or have a court date set. Early legal assistance is especially important before:

• Speaking with police
• Responding to investigators
• Surrendering a phone
• Attending a hearing

An attorney can protect your rights, preserve evidence, communicate with law enforcement, and begin building your defense.

Hire a Sexual Assault Lawyer Today

Because sexual assault penalties can impact the rest of your life, it’s important to work with an experienced defense attorney. A conviction could lead to a lengthy jail sentence, expensive fines, probation, and registration as a sex offender, not to mention the other impacts on your professional and personal lives. However, an accusation doesn’t mean you’ll be convicted. Your sexual assault lawyer can investigate the case, collect evidence to challenge the prosecutor’s argument, and represent you at every step.

Contact The Law Office of Lawrence J. Zimmerman today to discuss your case. In an initial consultation, we can go over your options and explain more about how we can help you.