The Role of Evidence in Sex Crime Cases
Sex crime cases are undoubtedly among the most sensitive and even contentious legal cases that are in the criminal justice system today in the United States. Accusations of sexual misconduct can have severe consequences for both the accused and the alleged victim. In Philadelphia, just as in many other jurisdictions, these cases often hinge on the presentation and evaluation of evidence. Read on for more information about how evidence plays the most crucial role when it comes to sex crime cases.
The Complexity of Sex Crime Cases
Sex crime cases encompass a wide range of offenses, from sexual assault and rape to child molestation and indecent exposure. Due to their sensitive nature, these cases often come with intense emotions, public scrutiny, and a presumption of guilt in the court of public opinion. This makes it even more important than in other criminal cases for both prosecutors and criminal defense attorneys to rely on evidence to establish or challenge the facts.
The Burden of Proof is on the Prosecution
In any criminal case, including sex crimes, the prosecution bears the burden of proof. This makes it the prosecutor’s responsibility to prove the defendant’s guilt beyond a reasonable doubt. In sex crime cases, evidence plays a pivotal role in meeting this burden.
Physical Evidence is Important
Physical evidence, such as DNA, bodily fluids, clothing, or other materials collected from the crime scene or the victim, can be instrumental in a sexually oriented case. A skilled sex crime lawyer in Philadelphia, like the experienced and highly skilled attorneys at Brennan Law Offices, knows how to scrutinize the collection and handling of physical evidence to ensure its integrity and reliability.
Cases Can Hinge on Witness Testimonies
Witness testimonies are also extremely important in sex crime cases. These can include statements and even testimony from the alleged victim or victims in the case as well as eyewitnesses and even experts who can provide insights into the case. It is important to note, though, that witness testimonies are not always foolproof and can be influenced by biases or inconsistencies.
The Important Role of Criminal Defense Attorneys
Criminal defense attorneys play a critical role in sex crime cases. Their primary duty is to vigorously defend their clients’ rights and challenge the evidence presented by the prosecution. Expert attorneys will conduct a thorough investigation of the evidence against their client. This includes reviewing the collection methods, analyzing the chain of custody, and identifying any potential weaknesses or flaws in the prosecution’s case.
Defense attorneys also play a crucial role in cross-examining witnesses, including the alleged victim. They may uncover inconsistencies or motivations that could cast doubt on the credibility of the testimony. This is a very important part of the defense strategy.
In many sex crime cases, expert witnesses can provide valuable insights. These experts can include forensic analysts, psychologists, or medical professionals who can offer their opinions on critical aspects of the case. The defense may call upon expert witnesses to challenge the prosecution’s evidence or to provide a different perspective.
Contact Us
If you are in need of a criminal defense attorney in Philadelphia, call the Brennan Law Offices today to get the legal representation you need and deserve.
Read MoreCrimes That Result In Classification As A Sex Offender
Understanding sex crimes and the different sex offender classifications can be insightful. There are many nuances to sex crimes, and our experts are here to help you navigate this complex topic. Let’s take a closer look at which crimes will result in classification as a sex offender.
Understanding the Tier System: Classifying Sex Crimes
Sex offenders will be placed into tiers to better determine whether or not there’s a major risk of reoffending. While none of the tiers have crimes that would be considered better than the other, the degree and the severity of the crime do come into play. Here’s an overview of the system and examples of the types of crimes that one might encounter.
Tier 1: Misdemeanors and Nonviolent Felonies (15-Year Registry Period)
- Watching a video of a minor that contains sexual content.
- Having and/or receiving child pornography.
- Traveling to or assisting in travel to engage in illicit activity with a minor.
- Imprisoning a minor.
- Speaking with a minor in such a way that’s designed to encourage criminal sexual behavior.
Tier 2: (25-Year Registry Period)
- Being involved in the creation or distribution of child pornography.
- Persuading minors to engage in sexual activity.
- Having intercourse with minors who are 16 or 17 years of age.
- Forcing minors into prostitution or sex trafficking.
- Using minors in sexual performances.
Tier 3: (Registration for Life)
- The kidnapping of a minor is done by someone who isn’t their parent or their guardian.
- Sexual abuse and sexual abuse of a minor, abusive sexual contact with someone under the age of 13, and aggravated sexual abuse.
- Having sexual contact with minors under the age of 13.
As can be seen from above, the legal repercussions tend to grow with each tier, and the crimes that sex offenders engage in grow in severity, which can indicate that they may continue reoffending in the future. Keep in mind that some of the requirements, such as registration for life under the third tier, may not apply in the case that the sexual offender is a juvenile delinquent with a clean record.
Controversial Crimes That Can Result in Sex Offender Status
There are many crimes we associate with sex offender status, but there are an equal number of crimes that we may hear about through various avenues regarding how someone was wrongly convicted and how their life was negatively impacted. There are numerous controversial sex offender crimes that one may not even know can result in having to register. A few of these crimes include:
- Taking nude photos/videos of yourself as a minor and sharing them with others (or spreading nude media of others as a minor).
- Soliciting a prostitute.
- Urinating in public.
- Incestual acts (this is a more extreme example, which could be deemed worthy of sex offender status to some).
- Engaging in indecent exposure can include anything from purposely flashing someone to streaking through an event.
- Consensual sex acts happen between minors.
- Hugging (this one is an extremely rare case, but some have been charged for unwanted physical contact).
- Viewing lewd or pornographic content on a computer within view of a minor.
It’s important to keep in mind that, if it’s an illegal behavior or an inappropriate one involving individuals who did not want to engage in said activities, it could very well result in someone being put on a sex offender list even if the crime is not always deserving of punishment (or if the topic itself is something that people commonly argue about).
Learn More From The Professionals
No matter the reason for your interest, working with Philadelphia criminal defense specialists can help you better understand the nuances and repercussions of sex crimes in Pennsylvania. Learn more from a sex crimes attorney in Philadelphia by getting in touch with us today.
Read More
What Is Classified As Sexual Assault?
If you have been accused of sexual assault, you may wonder exactly how that’s legally defined and what you need to do to protect yourself. Everyone deserves to have someone represent them in court, and you’ll need a Philadelphia criminal defense law firm that will protect you. Before you go to court, it can be a good idea to understand the charges that you have against you. In Pennsylvania, harassment is a crime that is very similar to assault but with one key difference.
Harassment and Assault
Harassment and assault are differentiated by physical contact with a person. Harassment is an unwanted behavior that a perpetrator uses to scare, irritate, or intimidate someone. There are many different forms of it, including emails, letters, phone calls, or verbal threats. If someone threatens someone with a property crime or physical harm, this can be harassment. Harassment is a criminal offense in the state and can result in the perpetrator getting fines as well as jail time. It can also harm the accused person’s reputation and professional standing.
Assault is different because it involves a physical act. Rather than just threatening harm, an assault takes place when someone tries to physically harm someone. This can mean a smaller act like kicking or hitting someone, or it can include using a weapon in the assault. Generally, to be assault, there must be a physical act that was intended to cause someone harm. Sexual assault is unwanted physical behavior that is sexual in nature.
Sex Crimes
Being accused of a sex crime such as sexual assault can quickly ruin the reputation of the accused. These are sensitive charges that can be highly emotional as well as damaging. In Philadelphia, sexual assault charges can be punished severely. Not only is there jail time on the line but someone convicted of sexual assault will be added to the sex offender database of Pennsylvania. This makes the details of the conviction public to anyone who wants to see it. Once someone’s name goes on the list, the state restricts them from living in certain areas that are near places like parks and schools. The name will remain on the registry for 15 years, but the stigma can go on much longer. Part of the defense of this crime is to work to keep the accused person’s name off this registry.
Sexual assault is classified as anywhere from a third-degree misdemeanor up to a first-degree felony, depending on the circumstances. The lightest sentence is up to a year in jail and a fine as high as $5,000. At the other end of the scale, the fine can be as much as $25,000, and the sentence can be as long as 20 years. There may also be community service and/or counseling required by the court.
Getting an Experienced Lawyer for Sexual Assault
When you’re facing an accusation of sexual assault, you need a Philadelphia assault lawyer to help you through the process and to give you the best defense possible. Call to find out more about what the Brennan Law Offices can do for you.
Read MoreWhat Do I Do If I Am Charged With Sexual Assault?
If you are charged with sexual assault, you need to work closely with a knowledgeable attorney. They will present you with several options to help you through the process. This can be a very hard time but it’s important to be open and honest with your attorney to find the path that is best for you. When looking for a sex crimes attorney in Philadelphia, turn to the team at Brennan Law Offices for the help that you need.
Proof of Innocence
If charges have been brought against you and you are innocent, the first step with the attorney is to provide proof of innocence. Being able to show that you were in a different location than the event that you are charged with can help the attorney show that you are not culpable. There are several ways to do this including security cam footage, receipts, phone records, and eyewitnesses who can place you at a certain location at a particular time. GPS can also play a role in proving that you were not at a particular location. Any of these things can help your legal case. It is not uncommon for an assault victim to misidentify their attacker. This can also be a time when DNA evidence can be helpful. If evidence was left on the victim or the crime scene, a simple test can clear your name.
Mental State at the Time of the Incident
Expect your attorney to ask about your mental state when the incident occurred. This can include having a mental breakdown at the time. In this case, there is the possibility that assault charges can be thrown out. There will also be questions about your alcohol and drug use. While this does not prevent you from being charged with sexual assault, it’s important for your attorney to know about it.
Proving Mutual Consent
Sometimes, following a sexual encounter, one of the parties may press charges. This can be out of anger or regret. In this case, the attorney must prove that one of the parties was submitted to sexual assault against their will. Proving mutual consent can seem difficult but it can be done. Again, this is another reason why it’s so important to be honest with your attorney. There may be questions about your behavior in the past. Character witnesses may also need to be called. This type of case is even more difficult if the victim is a minor.
Fight a Sexual Assault Charge
A sexual assault charge is a serious matter. You need an experienced, qualified attorney to help you through this process. It is definitely not something that you want to try to handle yourself. When looking for a Philadelphia criminal defense, call on the team at Brennan Law Offices. Our team of lawyers and staff will stand with you and build the best defense possible. If you find yourself in a difficult situation, call us and we will provide you with the help you need.
Read MoreWhat Is Considered Workplace Harassment?
It is imperative in today’s world that employers ensure a safe and healthy work environment for all employees. Workplace harassment can have severe consequences for employees and employers if it takes place and is mishandled. Everyone at any workplace has a right to be treated with dignity and respect and if that is not happening, it may be time to address it. For more information on what constitutes workplace harassment and how you can handle the situation, check out the information below.
Defining Workplace Harassment
Workplace harassment encompasses any unwelcome conduct, actions, comments, or behavior that creates a hostile, intimidating, or offensive work environment for an employee. This bad behavior can be based on protected aspects of a person, including age, color, race, sex, national origin, genetic information, and disability. These actions can occur between employees, supervisors, and managers, or even by non-employees that people have to deal with within their workplace environment.
Types Of Workplace Harassment
There are many different types of workplace harassment, including verbal harassment. This type of harassment can include offensive language, slurs, derogatory statements, or even jokes that target a person’s race, religion, gender, or any other protected characteristics.
Physical harassment is another type of workplace harassment that takes place all too often. This can include unwelcome physical contact, inappropriate gestures, or downright assault.
Cyber harassment is becoming more common in this era of the digital age. This is when a victim receives offensive or threatening messages online, inappropriate content from bosses, colleagues, or even cyberbullying.
Psychological and emotional harassment includes behaviors that are intended to intimidate, belittle, or demean a certain individual. It can include things like constant criticism, isolation, or humiliation.
Sexual harassment includes any unwelcome sexual advances, request for sexual favors, or other verbal, physical, or nonverbal conduct that is of a sexual nature and interferes with an employee’s work performance or creates a very hostile or intimidating work environment. Our sex crimes defense lawyers in Philadelphia can help if you’re accused of this type of harassment.
Falsely Accused?
Keep in mind that sometimes people are falsely accused of committing some type of workplace harassment. If you are a victim of being accused of workplace harassment or sexual misconduct or you are the victim of it and nothing is being done by your employer, it may be very well timed to contact an attorney.
Contact Us
If you are in need of a Philadelphia criminal attorney, call upon the professional attorneys at the Brennan Law Offices to protect your rights and your freedom. They will assist you in handling your situation legally so that you can experience a safe and healthy work environment.
Read MoreIs Sexual Harassment a Sex Crime
Unfortunately, sexual harassment is something that occurs in a variety of settings throughout the country. The topic of sexual harassment is still a murky one for a lot of people. Let’s use this opportunity to shed more light on that matter so you can better understand.
Defining Sexual Harassment
Harassment typically features someone pressuring or intimidating you. When you add a sexual element to those actions, you have something that can be perceived as sexual harassment.
The victims of sexual harassment do not consent to the actions or words they are being forced to endure. Sexual harassment could still occur because the offending party may have leveraged their power to obtain consent.
Sexual harassment can take on many forms. Examples of it include:
- Unwelcome sexual conduct
- Sending text messages, emails, photos, or videos that contain sexual content
- Granting employment or advancement contingent on performing sexual favors
- Threatening to terminate employment if a sexual favor is not granted
- Inappropriate physical contact
Is Sexual Harassment Considered a Sex Crime?
Now that we know more about sexual harassment, it’s time to answer one of the most common questions people have about it. Is sexual harassment considered a crime?
Some people may be surprised to learn that sexual harassment is not regarded as a criminal offense. Federal and state laws see sexual harassment itself as a civil wrong. However, some actions and conduct involved in sexual harassment can be deemed criminal. These include situations of rape, assault, and stalking.
Because sexual harassment is regarded as a civil wrong in the United States, you won’t be able to press criminal charges if you are the victim. However, you can still pursue civil charges against the offending party. You can hit them with a lawsuit, take them to court, and recoup compensation for the harm they caused. No amount of financial compensation can make up for the harm caused by sexual harassment, but it may be able to aid the victim in their recovery.
Differentiating Sexual Harassment and Sexual Assault
Sexual assault is a considerably more serious offense and criminal charges may be levied upon anyone found guilty of committing that act. Make your assailant pay for their horrible acts by taking appropriate legal action. You can also reach out to a Philadelphia sexual assault lawyer if you need representation.
Fight Back
Get the representation you deserve by working with PA criminal defense lawyers. Get in touch with the Brennan Law Offices today and defend your rights.
Read MoreWhat Do I Do If I Am Charged With Assault?
If you have been charged with assault, there are a few steps you need to take to ensure you protect your rights and have the appropriate representation when you get to court. These charges can change your life forever, affecting your reputation, costing you a career, and even prison time in many cases. It is important to know what assault is and what you need to do once you have been charged.
What Is An Assault?
If you are charged with assault in Philadelphia, this is because one party attacked another party physically, sometimes in the case of domestic violence, sexual harassment, or a physical attack. Depending on the severity of the assault, it can be categorized into different categories, which means that other potential consequences exist.
Steps After Being Charged With Assault
If you have been charged with assault, there are several steps you need to take right away for your case.
1. Secure an Attorney
Once you have been charged, you can expect a formal case to be presented against you. Depending on the testimony and the evidence stacked against you, your best chance of having your charges dismissed or reduced is with the assistance of a criminal defense lawyer. They can look at the evidence and determine if you committed the crime you are being charged with. Criminal defense lawyers have experience working with evidence and the legal jargon that you may not be familiar with in a courtroom.
2. Collect Evidence
When an assault case is presented to the court, the prosecutors must have some form of evidence to claim that you were the person who committed the assault. Evidence such as the following can help your case:
- Alibi and proof of your whereabouts
- Witnesses who can confirm your story
- Providing DNA samples
- Receipts
- Videos
- Text messages
Evidence is critical in an assault case, so depending on the situation, there are many different types of evidence that can be submitted to the court. For those who have been mistaken as the culprit, supplying proof that you were not in the area at the time of the attack is essential.
If you are building a case on self-defense, proof of previous altercations, threats, and witnesses are evidence options that can be used. No matter what your case may be, you can present this evidence to your legal team and they will utilize it as needed throughout the case.
Let Brennan Law Office Assist You Today
If you have recently been accused of assault and need a Philadelphia assault lawyer, contact our team today. We have some of the leading domestic violence lawyers in Philadelphia and also assist with other assault cases.
Read MoreWhat Is The Difference Between Harassment And Assault Crimes?
As a society, we have a responsibility to protect ourselves and each other from harm. However, sometimes, individuals are accused of committing crimes that can have serious consequences for their personal and professional lives. If you have been accused of harassment or assault, it is important to understand the differences between these crimes so that you can make informed decisions about your defense. The team at Brennan Law Offices is ready to help you through this.
What Is Harassment?
Harassment is a form of unwanted behavior that is intended to intimidate, annoy, or alarm another person. Harassment can take many forms, including physical, verbal, or written threats, or repeated phone calls or emails. In some cases, harassment can escalate to the point where it becomes a criminal offense. For example, if someone threatens to harm another person or their property, they can be charged with harassment.
What Is Assault?
Assault, on the other hand, is a physical act that is intended to cause harm to another person. This can include anything from hitting or kicking to using a weapon. Assault can range from a minor altercation to a serious crime, depending on the circumstances. To be considered assault, the physical act must have been committed to cause harm. If the act is sexual, you need the best Philadelphia sexual assault lawyer.
Both Are Considered Serious Crimes
Both harassment and assault are serious crimes that can result in fines and imprisonment, as well as damaging social and professional consequences. However, the penalties for these crimes can vary widely, depending on the jurisdiction and the circumstances of the case.
Get The Best Representation
At the Brennan Law Offices, we understand the complexities of harassment and assault cases and we are committed to providing the best possible legal representation for our clients. Our team of experienced criminal defense lawyers has a deep understanding of the legal system and can provide you with the support and guidance you need to protect your rights and interests.
If you have been accused of harassment or assault, it is essential to seek the help of a qualified criminal defense attorney as soon as possible. Our experienced attorneys will work closely with you to develop a strategic defense that takes into account all of the unique aspects of your case. Whether you are facing a simple harassment charge or a serious assault charge, we are here to help.
If you have been accused of harassment or assault, it is essential to seek the help of a qualified criminal defense attorney. At the Brennan Law Offices, we have the knowledge and experience necessary to provide you with the best possible legal representation. If you are looking for the best criminal attorney in Philadelphia, look no further than the Brennan Law Offices. Contact us today to schedule a consultation and take the first step toward protecting your rights and your future.
Read MoreWill Harassment or Restraining Order Charges Impact Job Opportunities?
Background checks are often executed as a part of the hiring process. Being charged with offenses, whether they’re minor or major, can greatly impact one’s chances of finding a job. If you have been charged with harassment or have a restraining order filed against you, it’s likely that it will stay on your record for good. However, that doesn’t mean that all doors for employment have been closed.
If you’ve been charged in the past, then Brennan Law offices assist you in securing job opportunities despite the required background check. We believe that everyone deserves a chance at employment, regardless of their record. That’s why we’re offering services to help charged individuals secure stable jobs.
What Job Opportunities Are Available for Charged Individuals?
There are many careers in various fields that hire individuals charged as a part of their work personnel. You can potentially secure a career in the following fields:
- Technology
- Food Service
- Manufacturing
- Delivery
- Construction
- Self-Employment
- Freelance Work
How Our Services Can Help Charged Individuals
Secure a Stable Career
Having harassment or a restraining order on your record can greatly influence your opportunities in terms of your career. At Brennan Law Offices, we understand that there are two sides to every story. While we sympathize with the victims, we will also exert the best of our efforts to assist charged individuals in achieving the best outcome for them. Through our services, individuals charged with harassment or restraining orders can obtain stable job opportunities and progress in their careers.
Keep Charges Confidential
Brennan Law Offices offers expungement services. Expungement allows a charged individual to hide their criminal record from the public, as long as it is approved by the court. This means that their criminal record cannot be disclosed to any potential employers, educational institutes, landlords, and other similar individuals or establishments. By gaining a court-approved expungement, charged individuals gain access to a clean slate and a fresh start, opening up more opportunities, even if they were charged with harassment or a restraining order.
Gives Charged Individuals a New Start
Certain individuals are charged with harassment or restraining orders during their youth. Juvenile delinquency is often involved when minors are involved in various offenses, such as gang activity, assault, and vandalism. Our juvenile delinquency services ensure that mistakes made in an individual’s youth will not define who they are in the future, nor will they hinder their opportunities for employment. Whether an individual was charged during their youth or in adulthood, our team at Brennan Law Offices will ensure that they will receive the best possible outcome.
The Best Legal Services in Philadelphia
If you are in need of legal assistance as you search for employment, then Brennan Law offices can provide you with the services you require to advance in your career. Are you looking for a criminal attorney in Philadelphia, PA? No matter the legal needs, don’t hesitate to contact us.
Read More
What Is A Strict Liability Crime?
A strict liability crime is one that is classified as a criminal activity regardless of what someone’s intentions were. Even if you did not have criminal intentions, you can still be charged with a crime. You need to hire the best criminal defense attorney in Philadelphia if you have been accused of a strict liability crime.
What Are Examples of A Strict Liability Crime?
Statutory Rape
This is a crime that occurs when a person has sex with an underage person. You could be charged with a crime even if you were unaware of the fact the person was underage. It also does not matter if the underage person consented to the act. Additionally, it is possible for you to be charged with a crime if you intended to have sex with the underage person, but you did not carry out the actual act.
You Sell Alcohol to an Underage Person
It is illegal for anyone to sell alcohol to someone who is under the age of 21. It doesn’t matter if you believed the person was at least 21-years-old.
Traffic Offenses
The vast majority of traffic offenses are classified as strict liability crimes. If you are caught speeding, then you may be charged with a strict liability crime. It doesn’t matter if you did not believe that you went over the speed limit.
Possible Defenses
The reason that you should hire a criminal defense attorney in PA is because there are many possible defenses that you can use. You may be able to use one of the following defenses.
Contributory Negligence
Your attorney can argue that the plaintiff is partially responsible for the crime. The plaintiff may still be able to recover some damages.
Assumption of Risk
There are some issues that involve consent. If the plaintiff has engaged in a risky activity, then they may not be able to recover any damages.
Abuse or Misuse
It is common for people to file claims if they have been hurt by using a product. It is possible for people to recover damages from using a defective product. However, if the person intentionally misused or abused a product, then this can be used as a defense.
Comparative Fault
Comparative fault raises the question of how much the plaintiff contributed to their own issue. The plaintiff can get part of their claim reduced if they contributed to the crime.
Read More