Have you been charged with a sex crime in Kenton County, KY? Your future is at stake. Don’t waste any time in building your defense.
At Suhre & Associates DUI and Criminal Defense Lawyers, our Kenton County sex crimes lawyers have more than 50 years of combined experience handling these challenging cases.
Let us help you fight the charges and work to keep a conviction off of your record.
Contact our Kenton County law office to schedule a free consultation to get started today.
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How Suhre & Associates Will Defend You Against Sex Crimes in Kenton County, KY
Did you know that Kentucky law provides over 17 potential criminal charges for sex crimes?
Kenton County, in particular, has one of the highest numbers of sex crime charges filed in the entire state of Kentucky. Of all possible charges, being accused of a sex crime is arguably the most serious, and potentially devastating.
Not only can an accusation destroy your reputation, but it can also have far-reaching economic effects as well. If you or someone you love is charged with a sex crime, it’s important to consult with an experienced legal team immediately. Contact the criminal defense attorneys specializing in sex crimes at Suhre & Associates DUI and Criminal Defense Lawyers for immediate legal assistance.
Our Kenton County criminal defense lawyers will analyze your particular situation and formulate the best approach for your circumstance. Our attorneys are committed to fighting tirelessly on behalf of the people of Kenton County. So, when you ask us for assistance with your case, you can expect us to:
Protect Your Constitutional Rights
An experienced defense attorney who specializes in sex crimes will hold the prosecution to the burden of proof required to prove guilt. If there are defects in the prosecution’s case, it is the responsibility of the defense attorney to identify those flaws and bring them to light for the accused’s benefit.
For example, many prosecutors introduce DNA evidence to prosecute sex crimes. Your defense attorney will analyze the chain of custody to ensure that all evidence is properly maintained and introduced, and if it is not, the prosecution’s evidence will be excluded. Additionally, the police’s failure to administer Miranda rights appropriately can lead to the exclusion of any statements made by the accused.
Negotiate a Plea Agreement
Additionally, a minor charge can easily spiral into more serious allegations, and a subsequent charge can catapult the accused from facing a misdemeanor to a felony charge. When the accused does not seek the representation of a skilled and experienced criminal defense attorney specializing in sex crimes, the consequences can be severe.
Further, even if the person charged did commit the crime, a good defense attorney will use strategy and experience to identify weaknesses in the prosecution’s case and, as a result, will be in a position to negotiate a lesser charge or punishment for the accused.
Craft Your Defense
A person accused of a drug crime may offer a defense that attacks either the stated facts offered by the prosecution or the procedure that led to the arrest. The accused may present evidence that he/she was unaware that the victim was under the age of consent, that the victim did in fact consent, or that the victim’s testimony is false or show the victim’s true motivation behind the allegations.
While there are many defenses to sex crimes, each case is very fact-specific. A great criminal defense attorney specializing in sex crimes will identify the relevant facts or lack thereof, and sort through the superfluous factors to reach the best outcome for you.
We’re ready to put our experience to work for you. Give our team a call to arrange a time to discuss yoru case in detail. Your first evaluation is 100 percent free.
What is a Sex Crime?
Sex crimes are generally defined as a class of sexual conduct prohibited by law. Chapter 510 of the Kentucky Revised Statutes lists the following sex crimes:
- Rape;
- Sodomy:
- Sexual abuse;
- Sexual misconduct;
- Indecent exposure; and
- “Unlawful use of electronic means . . . to induce a minor to engage in sexual or other prohibited activities,” as sexual offenses.
Depending on several factors, including the age of the alleged victim, his/her ability to consent, and the number of times the offense occurred in a certain time period, the offense may be a misdemeanor or a felony.
Criminal Consequences of a Sex Crime Conviction in Kenton County, Kentucky
Kentucky has three separate statutes that criminalize rape: first-degree rape, second-degree rape, and third-degree rape, as well as additional sex crimes defined by statute which are explained below along with the corresponding possible sentences.
- Rape in the 1st Degree: Class B felony: 10 to 20 years; Class A felony—Life or not less than 20 years and not more than 50 years if victim is less than 12 or receives serious physical injury. (Ky. Rev. Stat. Ann. § 510.040)
- Rape in the 2nd Degree: Class C felony: 5 to 10 years. (Ky. Rev. Stat. Ann. § 510.050)
- Rape in the 3rd Degree: Class D felony: 1 to 5 years. (Ky. Rev. Stat. Ann. § 510.060)
- Sodomy in the 1st Degree: Class B felony: 10 to 20 years; Class A felony—Life or not less than 20 years and not more than 50 years if victim is less than 12 or receives serious physical injury. (Ky. Rev. Stat. Ann. § 510.070)
- Sodomy in the 2nd Degree: Class C felony: 5 to 10 years. (Ky. Rev. Stat. Ann. § 510.080)
- Sodomy in the 3rd Degree: Class D felony: 1 to 5 years. (Ky. Rev. Stat. Ann. § 510.090)
- Sodomy in the 4th Degree: Class A misdemeanor: Not more than 12 months. (Ky. Rev. Stat. Ann. § 510.10)
- Sex Abuse in the 1st Degree: Class C felony: 5 to 10 years if victim is less than 12; Class D felony—1 to 5 years if the victim is 12 or older. (Ky. Rev. Stat. Ann. § 510.110)
- Sex Abuse in the 2nd Degree: Class A misdemeanor: not more than 12 months. (Ky. Rev. Stat. Ann. § 510.120)
- Sex Abuse in the 3rd Degree: Class B misdemeanor: Not more than 90 days. (Ky. Rev. Stat. Ann. § 510.130)
- Sexual Misconduct: Class A misdemeanor: Not more than 12 months. (Ky. Rev. Stat. Ann. § 510.140)
- Indecent Exposure in the 1st Degree: Class B misdemeanor: Not more than 90 days for 1st offense; Class A misdemeanor: not more than 12 months for 2nd offense within 3 years; Class D felony: 1 to 5 years for 3rd offense if within 3 years of 2nd offense. (Ky. Rev. Stat. Ann. § 510.148)
- Indecent Exposure in the 2nd Degree: Class B misdemeanor: Not more than 90 days. (Ky. Rev. Stat. Ann. § 510.150)
- Using electronic means to induce a minor to engage in sexual acts: Class D felony: 1 to 5 years. (Ky. Rev. Stat. Ann. § 510.155)
- Unlawful Transaction with a minor in the 1st Degree: Class A felony: Life or not less than 20 years and not more than 50 years if minor suffers physical injury; Class B felony: 10 to 20 years if the minor is less than 16; Class C felony—5 to 10 years if the minor is less than 18. (Ky. Rev. Stat. Ann. § 530.064)
- Unlawful Transaction with a minor in the 2nd Degree: Class D felony: 1 to 5 years. (Ky. Rev. Stat. Ann. § 530.065)
- Unlawful Transaction with a minor in the 3rd Degree: Class A misdemeanor: Not more than 12 months. (Ky. Rev. Stat. Ann. § 530.070)
Additionally, the age of the alleged victim, his/her ability to consent, and the number of times the offense occurred in a certain time period may result in enhanced penalties.
Kentucky Sex Offender Registry
The state of Kentucky requires those convicted of a statutorily covered sex crime (that meet the below requirements) to register with the Sex Offender Registry. Registered sex offenders report their address prior to their release from prison, or upon being assigned probation or moving in from another state. The information is included in the database and placement on the website.
Those convicted of statutorily covered crimes who fit the following criteria must register:
- 18 years of age or older at the time of offense;
- Convicted of a sex crime (after July 15, 1994);
- Convicted or released from incarceration for a criminal offense against a victim who is a minor;
- Required to register in another jurisdiction (state, territory, federal) or has committed an offense under the laws of another state or territory that would require registration if committed in Kentucky; or
- Convicted of a sex crime or criminal offense against a victim who is a minor under federal law, military law or the laws of another state, territory or other country; or
- Committed or designated as a Sexually Violent Predator under the laws of another state, territory, other country or under federal law.
Many states also notify residents living within a certain area when a registered sex offender moves within a certain radius. If an offender decides to move, he/she must report the address change prior to actually moving, and if it is discovered that an offender moves without following the proper procedure, then he/she may be charged with a felony. It is extremely difficult to have a sex-related crime expunged or removed from your criminal record.
Defending Yourself Against Sex Charges in Kenton County, Kentucky
Due to the vast number of possible charges under the sex crime laws, there are many possible defense strategies that may apply to your individual situation.
A defense to Statutory Rape (that is, where sexual intercourse is engaged in with a child under 16 years old – the age of consent in Kentucky) may include mistake as to the alleged victim’s age.
Additionally, there may be defenses available if the accused is close in age to the alleged victim, called the “Romeo and Juliet” exception, intended to protect young people from criminal charges for engaging in consensual sex with someone close to their own age.
With Suhre & Associates DUI and Criminal Defense Lawyers in your corner, you can rest assured that we’ll exhaust every potential defense strategy in your criminal case. We’ll dig deep to find evidence to exonerate your or mitigate the situation, conduct exhaustive legal research to identify potential legal arguments, and work to craft a strong defense to keep a sex crime conviction off of your record.
Schedule a Free Consultation With Our Kenton County Sex Crimes Attorneys Today
No one regrets hiring an attorney for guidance, but many regret not hiring an attorney. When the people of Kenton County need an attorney to help them fight back against sex crime charges, they know that there is only one law firm they need to turn to – Suhre & Associates DUI and Criminal Defense Lawyers. When you call us for help, you benefit from:
- More than 15 years of experience defending clients like you;
- Former law enforcement in your corner;
- Aggressive approach;
- In-depth understanding of Kentucky sex crime laws; and
- “10-out-out 10” Rating by Avvo (Attorney Joseph Suhre).
We have the knowledge and experience needed to handle even the most complex cases. To learn more about our legal services or set up a free consultation with a member of our team, just give us a call or contact us online.
