If you have been charged with a criminal offense, you are entitled to tough and fair legal representation. It may feel as if you are fighting a system you can't beat, but you DO have options. At the Gaba Law Office, we believe that every case is workable and should be considered winnable. From cases involving the death of a human being down to cases of embezzlement (for a few nickels and dimes), we can fight for your rights. We strive to bring a strong and vigorous defense to every courtroom we walk into. We intend to fight for your rights and freedom. Contact us today for a free initial consultation.

At the Gaba Law Office, we believe every case, civil or criminal, is workable and should be considered winnable.
Call 614-586-1586 today for a free initial consultation.

Sidebar A: If you have been charged with a criminal offense, don't get discouraged. You deserve an attorney who will stick by your side throughout the entire legal process. Attorney Elizabeth Gaba has more than a decade of experience as a courtroom litigator and is NOT afraid to take your case to a jury in order to attempt to get you the results you are looking for. Contact us today.

Sidebar B: Are you afraid that your criminal case is too complicated? Do you feel the situation is hopeless? You don't have to feel that way. At the Gaba Law Office, we believe that every case is workable and should be considered winnable. Whether you are facing sex crime allegations or domestic violence charges, we can vigorously fight for your rights. Contact us today for a free initial consultation.

Gaba Law Office

Where every case is workable and should be considered winnable

1231 East Broad Street
Columbus, OH 43205

Phone: 614-586-1586
Toll Free: 1-888-959-9229
Fax: 614-586-0064

E-Mail

At the Gaba Law Office, we provide criminal and civil defense for clients in Columbus, Bexley, Dublin, Worthington, Westerville, New Albany, Gahanna, Reynoldsburg, Pickerington, Canal Winchester, Grove City, Hilliard, Upper Arlington, Powell, Zanesville, Chillicothe, Logan, Bellefontaine, Cincinnati, Cleveland, Franklin County, Delaware County, Knox County, Licking County, Fairfield County, Pickaway County, Madison County, Union County, Ross County, Muskingum County, Hocking County, and Logan County, Ohio.

Sex offenses include a myriad of criminal sexual behaviors, ranging from prostitution to rape. If you or one of your family members is facing a sex-offense charge, it is very important to obtain the legal representation of an experienced criminal defense attorney. The penalties for a sex offense conviction can be serious and life-changing, but many defenses are available. Contacting an attorney as soon as possible allows the evidence to be evaluated and witnesses to be questioned soon after the event.

What Is A Sex Offense?

Sex offenses include all forms of illegal sexual activity, ranging from the crime of rape, usually defined as sexual penetration without consent, to the crime of prostitution, usually defined as sex for hire. The most serious crimes involve the sexual assault of children or include physical injury. Other sex offenses include public indecency, voyeurism, prostitution, solicitation, pornography, date rape, lewd acts, pandering, pimping, statutory rape and unlawful sodomy.

Generally, sexual assault includes unwanted physical contact with a sexual organ. In some states, the laws also prohibit aggressive sexually suggestive statements, without requiring physical contact. Physical contact is considered unwanted if the victim refused, physically objected or was unable to give legal consent. It is not necessary to show that the accuser physically resisted. Current laws are usually gender-neutral, so they protect all sexual-assault victims.

Misdemeanor or Felony?

Most sexual-abuse and sexual-assault crimes are felonies. Lesser offenses such as public indecency are often misdemeanors. The local prosecutor will decide whether a felony or misdemeanor charge is more appropriate under the particular circumstances. A criminal defense attorney, if contacted early enough during the investigation, may be able to minimize the charges that you face. Each state's statutes provide for different crimes, definitions, punishments and guidelines. A criminal defense attorney well versed in the laws of your state can help you evaluate your situation and prepare your defense.

Prosecution and Defenses

Many sex-offense acts have no witnesses, so prosecutorial decisions are made on the strength of other evidence and on the credibility of the parties. Because of the nature of the crime, false accusations can occur and it can be difficult to defend against such charges. If you or a loved one has been arrested or charged with a sex offense, the most important call you can make will be to your criminal defense lawyer so he or she can begin investigating your case and defending your rights as soon as possible. Conviction of a sex offense can bring severe penalties and change your life forever. An aggressive and experienced criminal defense attorney will help craft a vigorous defense considering the law and facts of your case and may be able to get your charges reduced or dismissed.

The prosecutor must prove, beyond a reasonable doubt, that the defendant committed a sex offense. The available defenses vary greatly from crime to crime, but may include consent, insufficient evidence, innocence and other defenses. Your state of mind and intention, the surrounding circumstances and other factors may affect the degree of any criminal responsibility may be found to have. A criminal defense attorney can ensure that the prosecutor has not ignored evidence that is in your favor. Your defense attorney will gather evidence to support your defenses, possibly including a psychological evaluation, evidence showing the victim has a motive not to tell the truth or a history of not telling the truth, evidence of the victim's mental state or tendency to fantasize or to form false memories, supporting medical evidence and opinions and other evidence showing that you are innocent or committed only a lesser included offense. Therefore, you must contact a criminal defense attorney to begin the defensive investigation as soon as possible.

Conclusion

The legal consequences, as well as the natural social ramifications, of a sex-offense conviction can be severe and daunting and can last your entire life. Punishments and other negative consequences may include sex-offender registration and Internet posting; stigma and ostracism; supervised probation or parole; incarceration, including the possibility of life in prison; high costs and fees; loss of voting rights; civil institutional commitment; community supervision, electronic monitoring or home confinement; restriction on military service; limits on the right to own firearms; negative impact on employment; loss of parental and adoption rights; restitution; polygraphs; psychological or substance-abuse counseling or treatment; medical or genetic testing; placement in a community residence for sex offenders; and in some situations even the death penalty.

Given these possibilities, if you are facing sexual-offense charges, you need the aggressive defense that an experienced lawyer will provide.

Copyright ©2007 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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In 2000, the Department of Justice found that State and Federal courts convicted almost 984,000 adults of felonies. The penalties for a felony conviction can significantly change your life, and the sooner you contact an attorney upon being threatened with a felony sex offense charge, the better chance you have of mounting a successful defense.

Many states have recently amended their statutory rape laws, raising the age of consent, imposing age gap provisions, adding impregnation as a separate offense, targeting older defendants, and adding civil penalties and mandatory minimum sentences. If you are accused of statutory rape, contact a criminal defense attorney who specializes in the area as soon as possible.

Many sex offense charges are brought by people you know. The National Institute of Justice reported in 2000 that 64 percent of the women who reported being raped, physically assaulted, or stalked since the age of 18 reported being victimized by a current or former husband, cohabiting partner, boyfriend, or date. Date rape is a serious crime, and being on a date with the accuser is not a defense. If you are accused of date rape, contact an experience criminal attorney as soon as possible.

The Department of Justice reports that 56 percent of the convictions for rape resulted in prison sentences. Nearly all convicted defendants who did not receive incarceration were placed on probation. Other than murder, rape convictions carried the longest median prison sentence (7 years). If you are facing criminal charges for rape or felony sexual assault, you must engage the services of an experienced criminal defense lawyer.

Copyright ©1994-2005 FindLaw, a Thomson Business

DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

Frequently Asked Questions about Sex Offenses

Q: How are sex offenses punished?

A: Punishment for a sex offense can vary dramatically depending on the category of crime. A misdemeanor sex crime conviction (such as indecent exposure) may receive less than a year of jail time, a fine, community service, counseling or probation. A felony, on the other hand, may be punished by a lengthy prison term (up to a life sentence). Additionally, released sex felons must register as sex offenders and multiple convictions often lead to greater punishments.

Q: Is consent a defense?

A: Consent may be a defense to sex crimes, in some cases. However, some individuals are not considered able to consent to sex under the law. For those individuals, even if they explicitly agree, their agreement is not legally valid. For example, minors, the mentally disabled and unconscious or intoxicated people (even if they willingly became intoxicated) typically cannot provide valid consent. Statutory rape or date rape charges may result.