Concord Sex Offenses Defense Attorney

Sex crime accusations represent a triple threat. A conviction may carry mandatory time in prison. The felony record itself has long-term consequences. And there is the burden and the stigma of registering as a sex offender for the rest of your life. The most serious sex offenders serve years in prison but are never released – following their prison sentence, they are “civilly committed” as sexually dangerous persons at the Massachusetts Treatment Center for the rest of their lives. If you have been accused of sex crimes, it is important to speak with a Concord sex offense defense lawyer. Call Attorney Chris Spring today at (617) 513-9444.

Attorney Spring understands what is at stake for clients charged with sex offenses. In many cases, pleading guilty, even to a lesser charge, is out of the question because of the devastating collateral consequences. Attorney Spring has successfully defended individuals charged with raping children, committing lewd and lascivious acts, and possessing child pornography.

Suspected of a Sex Crime? Talk to a Concord Defense Lawyer Immediately

If you have been arrested or believe you are under investigation for sex offenses, do not talk to investigators before you consult with a Middlesex County sex offenses attorney. Contact Attorney Chris Spring today to schedule a free consultation at your home. Attorney Spring represents clients in every city and town in Middlesex, Essex, Worcester, Suffolk, and Norfolk Counties.

A Former Prosecutor Who Aggressively Challenges the Evidence

Before dedicating his career to representing people charged with crimes, Chris Spring served as an assistant district attorney in Middlesex County. He spent years prosecuting these types of cases, and he now uses that experience to aggressively defend his clients charged with sex offenses. Attorney Spring is familiar with every type of sex offense and the life-changing penalties that his clients potentially face:

• Rape — Engaging in natural or unnatural intercourse against the victim’s will by force or threat of bodily harm. The presumptive punishment includes sex offender registration and up to life in prison if aggravating factors are present.
• Assault with intent to rape — A conviction for attempted rape results in likely prison time and registration as a sex offender.
• Statutory rape — Also known as rape and abuse of a child, statutory rape defines natural or unnatural intercourse with a child under the age of 16. Depending on the age of the child, the age of the accused and other factors, a conviction can result in life in prison or indefinite incarceration in a treatment center as a sexually dangerous person.
• Indecent assault and battery — This offense refers to unwanted sexual touching without intercourse. The penalties are harsher if the alleged victim is a child. The crime is punishable by prison and sex offender registration.
• Open and gross lewd and lascivious behavior — This crime refers to publicly exposing one’s genitals, buttocks or breasts to others with the intention to alarm or shock. Punishment can include state prison time and, on a second offense, registration as a sex offender.
• Indecent exposure — This crime is defined as exposing one’s private parts in a way that is offensive to at least one person. It is usually punished by a fine and/or a short jail sentence, and is not considered a sex offender crime.
• Distribution or possession of child pornography — Knowingly purchasing, possessing or distributing sexual images of children can lead to a state prison sentence and sex offender registration.
• Child molestation — There are no crimes in Massachusetts called child molestation. This offense is classified under other sex offenses, such as indecent assault and battery on a child under 14, rape of a child under 16 with force, or aggravated rape and abuse of a child. A conviction for these sexual offenses can result in life imprisonment and mandatory lifetime sex offender registration.
• Internet sex crimes — Internet sex crimes encompass various criminal offenses related to sex and the internet, including possession, production, and distribution of child pornography over the internet, internet solicitation of a minor, dissemination of obscene matter, and placing online ads for sexual acts. A conviction for these criminal charges can result in mandatory minimum prison sentences in state prison, GPS monitoring while on probation, registration with the Massachusetts Sex Offender Registry Board, and collateral consequences. 
• Sexual harassment — Sexual harassment is not prosecuted as a crime in Massachusetts. According to the state government, sexual harassment occurs when someone asks for sex or sexual favors or behaves in a sexual way and how the victim responds affects their job or it creates a workplace that is so intimidating, hostile, humiliating, or sexually offensive that it interferes with the person’s ability to do their job. Prosecutors may try to introduce evidence of previous acts of sexual harassment to damage your character in a sex crime case. 

Contact our sex crime lawyer today for immediate legal assistance and representation. 

Understanding All the Factors of a Sex Crime Charge

Massachusetts sex crimes are complex. The specifics of the circumstances surrounding the alleged offense can affect the classification of the crime as a misdemeanor or felony, or even whether the alleged conduct is criminal. It’s important to carefully review the criminal charges against you and the specific allegations to determine whether such charges are proper. 

Answers to the following questions can affect a sex crime charge:

Was Penetration Involved?

Sex crimes that involve sexual penetration are punished more harshly than those that only include touching or other sexual contact. For example, a charge for rape requires showing sexual intercourse, which requires penetration. 

Were Any Minors Involved? 

Sexual offenses involving minors are prosecuted more aggressively and can result in much harsher penalties than those that do not. A conviction for a sex crime involving a minor could result in life in prison. 

Was a Weapon Used in Committing the Act?

Whether a weapon was used in the commission of the act can affect the type of sex crime that is charged, as well as possible penalties. For example, if an alleged rape occurred that involved a gun, a conviction requires a mandatory minimum prison sentence of ten years. When a weapon is used during a criminal act, it is often considered a violent crime. 

Was Force or Coercion Involved?

Another factor that can impact the types of sex crimes that are charged is whether force or coercion was involved. For example, aggravated rape occurs in some instances when the defendant compelled another person to submit by force or threat of bodily injury. 

How Extensive Was Any Bodily Injury the Alleged Victim Suffered?

If the alleged victim suffered serious bodily injury in an act of rape, the offense can be considered aggravated. The same can occur for other types of sex crime offenses. 

What Is the Age Difference Between the Accused and the Alleged Victim? 

If the age difference between the defendant and the alleged victim is slight, there may be no crime, or prosecutors may opt not to file charges. However, if the age difference is more significant, the case may be prosecuted. 

What Is the Relationship Between the Accused and the Alleged Victim? 

Sometimes, the relationship between the accused and the alleged victim can affect whether any criminal charges are brought. For example, if a law enforcement officer has sexual intercourse with a person in their charge, they can face rape charges, even if the sexual conduct would have been considered consensual under other circumstances. This is because the law presumes that people in this situation are unable to provide consent. 

Sex offense lawyers understand how these factors can affect the charges against you. We can carefully review the exact charges against you and see if there are any errors in the charging documents. We can also offer legal advice on how to respond to these charges. Fill out our online contact form today to arrange a confidential consultation with an experienced sex crime lawyer. Our initial consultations are free.

Potential Penalties for a Sex Crime Conviction

A sex crime conviction can have a lasting impact on a criminal defendant’s freedom and reputation. Possible penalties include:

Significant Time Behind Bars in a State Prison or County Jail 

Penalties for sex crimes in Massachusetts are harsh. Many carry possible terms of imprisonment of 20 years in state prison. Subsequent convictions can result in life in prison.

Mandatory Registration on the Sex Offender List 

If you are convicted of a sex crime, you can be required to register as a sex offender with the Massachusetts Sex Offender Registry Board. The board compiles a list of people who have been convicted of various sex crimes and classifies them to educate the public about their perceived threat. Registration requires you to provide the following information in a public forum:

• Your name
• Address
• Date of birth 
• Sex
• Rae
• Height and weight
• Hair color 
• Photograph
• Description of the crime you were convicted of

You must provide the board with your Social Security number, fingerprints, and any other information it deems useful in assessing your risk level. 

Registration ranges from 20 years to life, depending on the type of sex offense you are convicted of. Registration for 20 years is necessary if you are convicted of a single sex offense or you committed the offense when you were a juvenile. Lifetime registration is required if the offense involved a child, is considered a violent offense, or you have prior convictions. 

While on the sex offender registration list, you will be classified as a Level One, Two, or Three sex offender. The Sex Offender Registry Board recommends which classification you should receive based on your criminal history, the nature of the crime, the victim’s characteristics, the degree of harm, and other factors. These classifications are broken down as follows:

• Level One: Level One is the lowest level. It is associated with a lower degree of risk. The risk of re-offense is low, and there is minimal danger posed to public safety. Information about these offenders is not made available to the public, but it is maintained by the board, the Department of Corrections, and other agencies.
• Level Two: Level Two offenders pose a moderate risk of reoffending and a potential threat to public safety. Level Two offender information is made available to the public. Level Two offenders must register in person at the local police station each year.
• Level Three: Level Three offenders are considered the most dangerous and have the highest risk of reoffending and posing a danger to the public. Like Level Two offenders, their information is available to the public, and they must re-register in person annually. Police departments actively distribute information about Level Three offenders in their communities. 

Steep Fines 

You can also be required to pay expensive fines as a penalty for the crimes you are convicted of.

Other Penalties and Consequences

In addition to the serious penalties discussed above, you can face additional penalties and collateral consequences if you are convicted of a sex crime. You can be ordered to lengthy terms of probation, which may include GPS monitoring with electronic devices. You can also be court-ordered to attend psychotherapy. 

Many people who are convicted of sex crimes find their opportunities for employment, housing, and education limited. 

Your Rights When Accused of a Sex Crime

If you are accused of a sex crime, it is important that you stay calm and remember your rights, which include:

• The right to remain silent: If police try to question you, you can politely decline. You are not required to talk to police, even if they arrest you. Remember, law enforcement officers are only interested in finding evidence against you. They are not looking for ways to let you off the hook. 

• The right to be free from unreasonable searches and seizures: If law enforcement asks to search your person, home, or computer, politely decline. They may have to secure a search warrant before they can complete such searches, but this requirement is waived if you consent to a search.

• The right to the presumption of innocence: The American justice system presumes that those accused of a crime are innocent of it. The prosecution has the responsibility to overcome this presumption. You should not be treated like you are automatically guilty. 

• The right to an attorney: Contact a sex crimes attorney as soon as possible. The prosecution is building its case against you. A sex crimes lawyer can help catch up and mount an aggressive defense on your behalf. They can interview witnesses, conduct an independent investigation, look for evidence to exonerate you, and file motions to suppress evidence. All of these efforts are designed to protect your rights when you’re facing the full weight and power of the government. 

The Other Side of the Story

Attorney Spring knows there is usually more to the alleged victim’s story, especially when the alleged victim and the accused know each other or when the allegations are being made by children. Was the sex consensual? Was there a dating relationship? Were alcohol or drugs involved? Did the alleged acts even occur? Does the alleged victim or the alleged victim’s parent have a motive to fabricate accusations?

Defense Strategies for Sex Offenses

Accurately answering the questions above may help criminal defense lawyers build an effective defense on your behalf. When you are accused of rape, child pornography, or other sexual misconduct, experienced sex offense attorneys can examine the specific facts and circumstances surrounding your charges and consider the best defense strategy to use, which may include:

• False accusations: Some alleged victims simply make up a story about a sexual crime being committed against them. They may be trying to gain an upper hand in a domestic violence or child custody case, seeking revenge after feeling betrayed, or lying for some other nefarious reason. Sex crime defense lawyers can get to the bottom of the case to reveal potential motives for false accusations.  

• Misunderstanding: In some cases, the parties may have had very different perceptions about the sexual encounter. The defendant may have believed the other party was consenting, while they may have felt otherwise. An experienced sex crimes lawyer can try to gather evidence to show that the defendant’s perspective was reasonable under the particular circumstances. 

• Tainted testimony: In cases involving children, it’s possible that the child’s parents, law enforcement officers, or mental health providers may have tainted the accuser’s allegations. They may have used suggestive language or forceful interviewing techniques that led them to provide inaccurate testimony. A sex crime attorney can carefully review interview tapes, law enforcement officer notes, and other evidence to determine if testimony may have been tainted. 

• Illegal or unreliable evidence: Evidence may have been illegally obtained or contaminated. An experienced criminal defense lawyer can have evidence independently tested, hire expert witnesses to further bolster your defense, and file motions to suppress evidence that is unreliable.

Contact a Concord Sex Offense Defense Attorney

Concord criminal defense attorney Chris Spring will sometimes negotiate with the prosecutor to reduce charges to a lesser offense that eliminates the possibility of prison time or sex offender registration. However, he always examines the case with the goal of getting charges dismissed entirely. Otherwise, Attorney Spring will prepare to take your case to trial. He has successfully defended every type of sex offense.