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Virginia Sex Crime Attorney

It is normal to feel frightened and humiliated when you learn you are being investigated for a sex crime. A sex crime conviction in Virginia could negatively impact your life and reputation, affecting your ability to secure employment or establish ties with the community. You are innocent until proven guilty, as outlined by Virginia law. However, for a sex crime accusation, you will start feeling the heat immediately when the police accuse you of the crime. In addition, the community will deem you guilty when they learn you are being investigated for a sex crime. Given the potential adverse consequences of a sex crime conviction, contacting an attorney immediately after learning about the charges is advisable. At the Virginia Sex Crime Attorney, we have experienced attorneys with vast experience handling sex crime charges.

Our Attorneys

Sheryl Shane has been an attorney since the early 1990s. The attorney has vast experience in criminal and traffic law, personal injury law, and family law. Jury trials are among the most rewarding components of her career. Criminal and traffic law has been a key focus in recent years. Sheryl enjoys interacting with her clients and learning about their lives. Sheryl also pays close attention to finding out what brought them to her office in the first place. Unfortunately, the cause of their arrival is usually adverse circumstances. That is not a good thing. However, assisting these individuals in reaching excellent outcomes or the appropriate next steps makes Attorney Sheryl Shane adore her practice so much.

Attorney Sheryl Shane can relate to her clients based on her years of experience. Everyone experiences ups and downs. People make errors. You could have been the victim of a false accusation. Clients charged with criminal and traffic offenses are entitled to constitutional rights. Perhaps they are facing charges under statutes that were never intended to apply to this type of person. In addition, there are situations when prosecutors make false allegations.

In 1993, she earned a law degree from Thomas M. Cooley Law School, where she received a jurisprudence prize for ethics and won at trial advocacy. Sheryl completed a year of business studies at the University of Colorado in 1985. She earned a BA in psychology from Ohio University in 1983. Sheryl also worked at a state mental health sanitarium and Virginia's hearing and speech clinic. She served four years as a manager and sales/marketing employee at a Fortune 100 company handling television ratings. In 1988, she achieved a Tae Kwon Do black belt and conquered the Outward Bound, enabling her to constantly serve, strive, and never yield. Over time, Sheryl Shane has learned to persevere in the face of hardship.

Attorney Sheryl Shane has spent the last 29 years enhancing her legal education by attending continuing legal education classes in Ohio and the Commonwealth of Virginia. As a result, she has faced the bar in two states and excelled on her first attempt.

If you need one of the greatest trial lawyers to tackle real-life issues, contact the Law Office of Sheryl Shane. Here is what sets our attorney apart from other attorneys:

  • A former arbitration judge.
  • 29 years of experience.
  • Former court-appointed attorney.
  • Fairfax Bar Association.
  • Former Court Guardian Ad Litem.
  • Over thousands of cases handled.
  • Awarded Jurisprudence Award.
  • Experience in handling felony and misdemeanor cases.
  • Experience in handling high-profile criminal cases.

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Sex Crimes in Virginia

You can face sex crime charges under Virginia law for engaging in a sex act with another person against their will. Even if most sex crimes involve making physical contact with the victim, some crimes do not require physical contact to have occurred for you to face charges. For example, indecent exposure near a school or daycare facility could attract sex crime charges even if no sexual act occurred.

Sex crimes under Virginia law mainly fall into two categories:

  • Sexual offenses.
  • Violent sexual offenses.

Violent sexual offenses include severe crimes like aggravated sexual battery, abduction for an immoral purpose, and rape. If you commit a violent sex crime, you will face more severe charges. You will have to register as a sex offender. The Virginia Sex Offender Registry is responsible for registering sex offenders. 

On the other hand, sexual offenses do not involve physical violence. Instead, they include offenses like child pornography, taking indecent liberties with a child, and unlawful photography or taking indecent pictures of a child. These crimes are less severe than violent sexual offenses. However, Virginia law could still require you to register as a sex offender.

Virginia law prosecutes sexual offenses harshly. Therefore, it is crucial to know what to expect to enable you to prepare a convincing defense to fight your charges.

The Common Types of Sex Crimes in Virginia

Title 18.2 Chapter 4 Sections 18.2-61 through 18.2-67.10 outline sex crimes in Virginia. Several mandatory penalties, including registration as a sex offender, apply for certain sex crimes like rape, forcible object penetration, and forcible sodomy.

Sex crimes under Virginia law include:

  • Rape — To face rape charges, the prosecutor must prove that you had sexual intercourse with the victim against their will. You could also face rape charges if you make another person have forceful sexual intercourse. Rape is a serious felony offense for which you could even face a penalty of life imprisonment.
  • Inanimate sexual penetration or object animate — This crime is similar to rape, except that the defendant penetrates the victim's genitals using an animate or inanimate object. This crime is a felony offense. You could face a penalty of five years to life imprisonment upon conviction.
  • Carnal knowledge of a minor between the ages of 13 and 15 — You could face charges whether you used force or not. This includes all sexual intercourse, anilingus, fellatio, cunnilingus, anal intercourse, and inanimate or animate object sexual penetration. The penalties for this crime vary from a Class 4 to a Class 6 felony crime. The potential penalties after a conviction include one to ten years in state prison. You could also face a hefty fine.
  • Forcible sodomy — If the court convicts you of forcible sodomy, the potential penalties include five years to life imprisonment.
  • Carnal knowledge of certain minors — These involve sexual crimes perpetrated by people who work in facilities that provide services to minors at least fifteen years old. It involves sexual acts like fellatio and intercourse. This crime is a Class 6 felony and could attract imprisonment of up to five. In addition, depending on the court's discretion, you could serve one year in jail. The court could also impose a fine. You could also face charges for carnal knowledge of certain minors if you work in a correctional facility and have sex with an inmate.
  • Sexual battery — You could face sexual battery charges if you sexually abuse another person using intimidation, force, or threats of force. Persons in authority are the main perpetrators of this crime. The typical perpetrators of sexual battery include probationers or parolees. When you commit this crime, the penalties you can face are jail time of not more than one year and a fine.
  • Aggravated sexual battery — You could face aggravated sexual battery charges if you sexually abuse another person, who could be your parent, stepparent, or grandparent. The prosecutor must prove that you used force or intimidation when committing the crime, inflicting severe physical or mental injury on the victim. You could also have committed the crime using a deadly weapon or by threatening to use a deadly weapon. This is a felony offense. The potential consequences include imprisonment of up to twenty years and fines.
  • Sexual battery of a child below 15 years — You could face charges for this crime if you sexually abuse a child below 13 and 15 years with overt sexual intent. This crime is a Class 1 misdemeanor. The crime attracts an imprisonment of up to five years. The court could also recommend a jail term of one year.
  • Infected sexual battery — These charges apply when the perpetrator knows that he or she has an illness like syphilis, hepatitis B, AIDS, or HIV but still engages in intentional sexual acts, transmitting the infectious illness to another person. This is a Class 6 felony, and you could face imprisonment of up to 5 years. In addition, at the court's discretion, you could be imprisoned for one year.
  • Taking indecent liberties with a child — This involves exposing the sexual parts or genitals of a child or proposing or suggesting the same to a child. You could also face charges for fondling or proposing fondling to a child, proposing sexual acts to a child, or enticing a child to a vehicle, building, or other enclosed place intending to commit these acts. This crime can attract fines and up to ten years in prison. The charges will increase if you are a parent, a stepparent, or a grandparent to the minor.
  • Adultery and fornication by people forbidden to marry — Committing this offense could result in misdemeanor charges, jail time of up to one year, and a fine. In addition, you will face harsher penalties if you commit this act with your child or your grandchild. You will also face harsher penalties if the victim involved is between 13 and 18 years.
  • Crimes against nature — You could face charges for this crime if you perform a sexual act or have carnal knowledge of an animal. This is a Class 6 felony offense. The potential penalties include imprisonment of up to 5 years. The court could also subject you to jail time of one year and a fine. You could also face crime against nature charges if you engage in sexual acts with your relatives like your parents, child, or grandchild. Engaging in sexual acts with your relatives is a class 5 felony. You could face a jail term of up to ten years upon committing this crime. The court could also order you to pay a fine. The potential penalties will be significantly higher if you engage in sexual intercourse with a child between 13 and 15 years.
  • Taking indecent liberties with a child by a person in a supervisory position — This crime can be committed by any individual above the age of 18 who has custodial care over a child and proposes sexual acts to a child, abuses a child sexually, or exposes themselves to a child. This is a felony offense. A conviction for this crime can lead to imprisonment for up to five years. It could also lead to a jail term of one year and a hefty fine. In addition, you will face harsher penalties for every subsequent offense you commit.
  • Sex offenses prohibiting proximity to children — You could face charges for this crime if you have a prior conviction for a sexual offense with a minor and are found loitering within 100 feet of a daycare, school, or playground. Charges could also apply if you reside within 500 feet of a daycare, school, or park that shares a boundary with a school. You could face class 6 felony charges with tough penalties, including imprisonment for up to five years. You could also face jail time for up to one year and a fine. Persons convicted of sexual offenses with a child are also prohibited from working or volunteering in schools and daycare facilities.
  • Attempted sexual crimes — These crimes include attempted rape, object penetration, forcible sodomy, attempted sexual battery, and attempted aggravated sexual battery. The penalties for these crimes include imprisonment and fines.
  • Repeated sexual assault and violent sexual assault —These charges apply to any person who commits a subsequent sexual assault or violent sexual assault after being released from custody. For a repeated sexual assault, the punishment is the maximum term for the most recent conviction. For a repeated violent sexual assault, the punishment is life imprisonment.
  • A third conviction of a sexual misdemeanor — If you have two prior convictions for misdemeanor sexual offenses and commit a subsequent offense within ten years, you could face charges for a third conviction of a sexual misdemeanor. This violation is a Class six felony. The punishment for this offender includes imprisonment of up to five years. The court can also recommend a jail term of one year and a fine.

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Whether Sexting is a Sex Crime

When considering whether sexting is a sex crime, the court considers the nature of the sexting and the type of images shared, if any. Virginia law prohibits the possession and distribution of child pornography. Therefore, sexting could be a sex crime if you create, send, possess, or resend sexually explicit images of minors or people under the age of 18 via text messages. The law does not distinguish whether charges apply if a minor or an adult shares explicit information.

Penalties For Sex Crimes Charges Under Virginia Law

You could face a variety of penalties after a sex crime conviction. For felony offenses, the crimes include an extended period of imprisonment. On the other hand, less serious misdemeanor offenses could attract no period of imprisonment and less hefty fines.

Generally, the typical penalties for sex crimes under Virginia law include the following:

  • Local jail time.
  • Incarceration within the Department of Corrections.
  • The sex offender registry requirements - the requirements will depend on the type of crime committed.
  • Sexually violent predator registry for some sex crimes.
  • Other special terms like mental health evaluations and counseling classes.

Why You Should Contact a Sex Crimes Attorney

A sex crime conviction is an extremely serious offense. It could lead to incarceration and a requirement to register as a sex offender. Most sex crimes are violent and tend to have minors as victims, hence the hefty penalties. You can never underestimate the importance of having an attorney. An attorney will do everything in their power to defend your rights. An attorney will:

  • Carefully review your case.
  • Advise you on the charges you are facing.
  • Prepare a solid defense on your behalf.
  • Negotiate with the prosecutors to resolve your case and obtain the best possible outcome.

Your attorney has probably handled sex crimes like yours before and is better placed to investigate the facts of your case, disseminate evidence, and interview witnesses. An attorney will liaise with the prosecutor, investigators, witnesses, or anyone else with information that could influence your case. Your attorney will also examine the evidence the prosecutor plans to use against you to identify possible lapses. Evidence in a sex crime could include everything from DNA evidence to witness statements.

If you currently face sex crime charges in Virginia and would like an experienced attorney's assistance, we invite you to contact us today for a consultation.

What The Prosecutor Must Prove in a Sex Crime Offense

The elements that the prosecutor needs to prove to accuse you of a sex crime vary depending on the specific sex crime you have committed. For offenses like rape, object sexual penetration and forcible sodomy, there must have been physical contact between the victim and the perpetrator. The act must also have been against the victim's will or by using force or intimidation. You could also have committed a sex crime against someone incapable of giving consent, usually a minor or a drugged victim.

The law calls for detailed analysis if the prosecutor accuses you of committing a crime of carnal knowledge. As outlined by Sections 18.2-64.1 and 18.2-64.2, carnal knowledge includes the following: sexual acts, conduct involving oral sex, or intercourse with minors between the ages of 13 and 15. The severity of the charges you face will vary depending on the victim's age.

An experienced sex crime lawyer will help you understand your case's specifics and the punishment you are likely to face.

Why Choose Us

You can choose from hundreds of attorneys in Virginia, so the appropriate question is, Why should I pick your law firm to represent me?

We feel that the answer is both obvious and persuasive. We understand how significant this decision is and how involved it can be. This decision reflects both the desire for the most effective legal representation and the desire to receive those services at an affordable cost. We work hard to ensure you get the best representation possible at a fair and affordable price.

Our practice provides clients with a high-quality, affordable legal service model. We recognize that value is more than just comparing hourly rates for clients. Value entails efficient tracking and reporting methods, innovative techniques to reduce legal risk, increased cost certainty, and results.

Our staff is focused on achieving the intended results with each representation. While other firms only concentrate on the next step in the legal process, our team focuses on the outcome at each stage of litigation. Therefore, the strategic procedure for each case includes focusing on the client's intended outcome.

We have tailored our company to reflect our society, particularly by promoting people who deserve leadership positions regardless of color, religion, or orientation.

Our firm's primary concept is to maintain and grow the diversity of our personnel. Therefore, we aggressively seek out members of a diverse team. We ensure that all team members are given demanding work assignments and that all attorneys are given client exposure opportunities commensurate with their demonstrated competence and ability.

Each team member is urged to take ownership of the clients and the results when tackling each case. With our staff's experience, we can serve our clients with the attention and devotion they expect and deserve. By engaging and working with our customers to fulfill their objectives and goals, we attempt to give value-driven attention to each case.

Our qualifications, expertise, and technology are equivalent to those of large firms, but our fees are not. We understand that time is money, and we take our dedication to efficiency seriously. We provide value by keeping our expenses low and employing cutting-edge technology, including the most recent document management software, to enable our attorneys to interact effortlessly. We pass on these savings to our customers.

Our clientele adores our work. They would happily tell you why we are the go-to law firm. They will inform you that we are experienced attorneys and strategic business advisors. They will inform you that we are reliable and reachable. We are dedicated to providing high-quality service and exceeding your expectations.

The lawyers at Virginia Sex Crime Attorney have developed decades-long relationships throughout the community, understanding what our customers need and creating the foundation of trust and confidence required for success. These connections contribute to our standing as one of Virginia's most regarded law firms among other attorneys, judges, and public officials.

We understand that attorneys do not practice law in a vacuum and that our clients require a realistic, business-oriented approach to legal representation.

We take pride in offering strategic and practical guidance to our clients. We also develop unique solutions to help them achieve their business objectives.

Because we care about the people and businesses we represent, we practice law to make a difference in their lives. We want every business and person we represent to succeed and thrive.

The Criminal Process For Sex Crimes In Virginia

After an arrest for a sex crime in Virginia, you could be able to secure a release from custody on bond as you await the court hearing. One of the primary duties of your sex crime attorney is to file a petition in court for a bond motion. The prosecutor will likely oppose bond, especially if you face charges for a felony sex crime. However, with property legal representation, you can still secure a release on bond upon establishing that you are not a flight risk or a danger to public safety. Your attorney will also highlight other factors in your favor to allow you to be admitted to bond.

Any defendant charged with a sex offense has a right to a preliminary hearing before the grand jury indictment. However, this right is not available if the charge results directly from a grand jury indictment. The defendant does not have to enter a plea for their charges during the preliminary hearing. The prosecutor only has to prove probable cause to believe that the defendant committed the crime. The preliminary hearing can be a crucial part of the legal representation process.

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