Few criminal allegations can damage a person’s reputation as quickly as an accusation of a sex offense.
An investigation alone can threaten relationships, employment, professional licensing, and standing in the community. A conviction can carry even more serious consequences, including incarceration and, for qualifying offenses, sex-offender registration requirements.
If you learn that you are being investigated for a sex offense, getting legal advice before speaking with investigators can be critical.
Fresno criminal defense attorney Gregory W. Fox has more than 20 years of experience defending individuals accused of serious criminal offenses throughout Fresno and Central California.
Sex Crime Charges We Defend
Sex offense allegations can involve dramatically different facts and potential consequences.
Our office can defend cases involving allegations of:
- Rape
- Sexual battery
- Sexual assault
- Lewd or lascivious acts
- Sex offenses involving minors
- Statutory sex offenses
- Indecent exposure
- Internet-related sex offenses
- Solicitation-related offenses
- Possession or distribution of illegal sexual material
- Failure to comply with applicable sex-offender registration requirements
- Other felony and misdemeanor sex offenses
Because registration and sentencing consequences vary significantly depending upon the specific offense and circumstances, every case requires individual analysis.
You May Need an Attorney Before You Are Arrested
Sex-crime investigations frequently begin before the accused person realizes how serious the situation has become.
A detective may call and say that officers simply want to hear “your side.” An alleged victim or another person may send messages designed to generate statements about the accusation. Police may seek a voluntary interview, access to a phone, or consent to search electronic devices.
Statements made during this stage can later become evidence.
You have the right to speak with an attorney before deciding whether to answer questions from law enforcement.
Evidence in Sex Crime Cases
These cases are often highly fact-specific. Depending upon the allegations, relevant evidence may include:
- Text messages
- Social-media communications
- Dating-app conversations
- Emails
- Photographs and video
- Phone location data
- Witness statements
- Medical or forensic evidence
- DNA evidence
- Surveillance footage
- Prior statements by the people involved
The timing and context of communications can sometimes be as important as the messages themselves.
Preserving potentially helpful evidence early can therefore be an important part of the defense.
Potential Defenses
The appropriate defense depends entirely on the facts and the specific offense charged.
Issues may include:
Consent
For offenses in which lack of consent is an element, communications and conduct before, during, and after an alleged incident may be relevant to determining what occurred.
False Accusation
A criminal accusation is not proof. The defense can investigate the circumstances surrounding an allegation, inconsistencies in statements, potential motives, and other evidence.
Mistaken Identity
Identification can become an issue in cases involving strangers, internet communications, parties, alcohol, or other circumstances affecting memory and perception.
Insufficient Evidence
The prosecution must prove the charged offense beyond a reasonable doubt. The defense can examine whether physical evidence, communications, witnesses, and forensic evidence actually support the allegations.
Constitutional Violations
Searches of phones, computers, residences, online accounts, and other digital evidence can raise important constitutional questions.
Protecting Your Reputation and Your Rights
Sex crime cases require discretion as well as aggressive legal preparation.
Statements made to friends, coworkers, an alleged victim, investigators, or on social media may complicate the defense. If you know that an allegation has been made, speak with an attorney before trying to explain the situation yourself.
Fresno Sex Crimes Defense
Gregory W. Fox personally handles his clients’ criminal cases, including reviewing evidence, developing the defense strategy, negotiations, and court appearances.
If you have been arrested, charged, or believe you are under investigation for a sex offense in Fresno or Central California, call (559) 222-5800 to request a confidential consultation.
