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California Sex Crime Defenses
At Michael McKneely, Criminal Defense Lawyer, our Fresno sex crime attorneys realize that many sex crimes accusations are overblown, or outright false. If you are being unfairly prosecuted for a sex crime, or if you have already been convicted, contact criminal defense attorney Michael McKneely at (559) 443-7442 for a free consultation. Mike will work hard to uncover all of the details in your case.
A sex crime accusation should never be taken lightly. If you or a loved one has been accused of a sex crime or is being investigated for one, you may be concerned about the harsh consequences that could follow. You face a potential prison sentence and the possibility of being required to register as a sex offender for the rest of your life.
Possible defenses to sex crimes include:
At its core, factual innocence is proving that a person is not guilty, even if they have already been convicted. This commonly involves the introduction of new, and previously unavailable evidence. False convictions can occur for various reasons, from inadequate testing of evidence to juror bias.
Factual innocence has become more prominent in recent years with the increased use of DNA testing and the participation of important organizations like the Innocence Project. New DNA testing has been able to prove that people were falsely accused and convicted based on less reliable forms of evidence, like mistaken eyewitness testimony. Examples of results based on factual innocence in sex crimes include:
- A DNA test proving that an imprisoned man did not rape and impregnate a woman years ago
- Retrial of a case with a new jury and the defendant acquitted
- A person is innocent, but tainted evidence mishandled by law enforcement led to erroneous conviction
A person that believes they have been wrongfully convicted can file a writ of habeas corpus. These writs are filed at all levels of the state and federal court systems and they require the imprisoning entity show why they found the individual guilty. It is here that newly discovered evidence of factual innocence can be raised, like DNA testing, which can lead to a retrial or possibly even a dismissal.
Another defense in sex crime cases is mistaken identity, and proof that the accused was not involved in the crime at all. For example, perhaps the victim was not able to clearly see the perpetrator and is therefore unable to identify the assailant. It could also be shown that the person accused has a solid alibi, making it impossible for them have been with the victim when the crime took place.
In sex crimes cases there is always the possibility of false accusations. These involve a victim accusing someone of a crime that was either not committed, not committed by the accused, or not committed in the way the victim claims. In some cases, the victim knows that the accused is not guilty, and in others, the victim may have mistakenly identified the perpetrator. False allegations can even be made by another person on the victim’s behalf, making the accusation hearsay and less reliable.
Proving that these allegations are false can lead to the dismissal of your case. In sex crime cases, false allegations can be attacked with evidence in the following ways:
- Identifying the true perpetrator of a sex crime
- Showing that the accused was elsewhere at the time of the crime
- Proving that there is no evidence for the allegations
Consensual Sexual Relations
Sometimes people make accusations of sex crimes after engaging in consensual sex that they later regret. In order to cover up their own actions, people have accused someone of a crime. It can be extremely difficult to prove that the accuser consented to sexual relations, but an experienced Fresno sex crimes attorney will work to uncover the facts of your situation, the holes in the government’s case, and prove your innocence.
Need an Experienced Criminal Defense Lawyer in Fresno?
If you’ve been charged wiht any type of sex crimes in Fresno, CA, don’t delay contact an experienced and knowledgable Fresno criminal defense attorney near you today. For a free and confidential with Michael McKneely, Criminal Defense Lawyer, call Mike at (559) 443-7442.