Aggravated Child Molestation Defense
Aggravated child molestation is among the most serious of all crimes that someone can be accused of committing. If you are facing an aggravated child molestation charge a sophisticated defense is mandatory because the stakes have never been higher for anything in your entire life. In these cases there is rarely physical evidence, witness testimony is typically he-said-she-said, and preparation is everything.
These cases can be defended. When arrested for child molestation it feels like the world is against you. Family, friends, and other loved ones - who were supposed to be there for you - may leave your side. If you are in custody, inmates may treat you poorly. People may assume that you are guilty.
Not us. We are here to fight with you, fight for you, and fight beside you. Don't Fight Alone.
Aggravated Child Molestation - O.C.G.A. § 16-6-4
A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.
Aggravated Child Molestation Put More Simply
Aggravated Child Molestation criminalizes a couple of types of conduct.
- Any act of child molestation that causes a physical injury to a child.
- Any act of child molestation that involves sodomy. Sodomy meaning an oral or anal sex act.
How Much Time Can I Get for Aggravated Child Molestation?
Sentencing upon conviction for aggravated child molestation is absolutely no joke. The minimum sentence if convicted is twenty-five (25) years and the maximum is life. Additionally, if you receive a sentence of less than life, the judge still must place you on probation for the rest of your life. The defendant would also be required to register as a sex offender for life.
The Genarlow Wilson Exception
Our criminal justice system has been known to produce some unfair results. One of the most unfair in Ryan's opinion was the Genarlow Wilson case. In that case a teenager was sentenced to ten (10) years in prison for having consensual oral sex with another teenager. Recognizing the injustice in such a scenario, there is now an exception in place.
Georgia Law in O.C.G.A. § 16-6-4(d)(2) states:
A person convicted of the offense of aggravated child molestation when:
(A) The victim is at least 13 but less than 16 years of age;
(B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and
(C) The basis of the charge of aggravated child molestation involves an act of sodomy shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1.
This means that where someone eighteen (18) years old or younger engages in sodomy with a victim who is thirteen (13), fourteen (14), or fifteen (15) so long as the two people are within four years of age of each other the defendant may only be convicted of a misdemeanor.
What Do I Do If I Have Been Charged With Aggravated Child Molestation?
You fight, but you don't fight alone. Contact us right away. Utilize a free consultation with Ryan Brown, discuss the case with him and strategize to defend agains these charges.