Did you know that there is more than one way for a defendant to beat a charge for sexual assault? One of the key elements in winning this is to ensure you have a good criminal lawyer Montreal. Having a lawyer with you to guide you every step of the way will ensure that you don’t say something that might incriminate you.
How can a criminal lawyer Montreal help you beat a sexual assault charge?
Some of the more uncommon ways to beat a sexual assault charge can actually be done way before the charges are filed. These are listed down below:
Hire a criminal defense lawyer with experience.
Only talk to the police if your lawyer is present with you.
Do not share details about the case with other people. If you must talk to them, consult with your criminal defense lawyer first.
What is sexual assault?
Before talking more about how to beat sexual assault charges, it’s best to talk about what it actually is. Sexual assault can vary from state to state, but it can be broadly defined as offensive or unwanted sexual touching from one individual towards another individual.
Sexual assault can be any form of sexual contact, which could include fondling and groping. Note that sexual contact can be direct skin contact or through one or both individuals’ clothing. Sexual contact also includes attempting or even the actual act of physically striking the other to instill fear. This can also include acting threateningly or even explicitly threatening.
Is it considered a federal or state crime?
Sexual assault is prohibited by all 50 states. There are cases that can trigger federal criminal laws, which will then be met with some of the harshest punishments that are often given to someone that has been convicted. It all depends on your case.
What can your criminal lawyer do?
In the case that you are charged with sexual assault, it is the job of the prosecution to prove the following elements against you. Note that the prosecution will be the lawyer representing the alleged victim. Again, we would like to remind you that this may vary from state to state.
The alleged victim did not consent to any form of touching done by the defendant.
The alleged victim’s intimate parts were touched by the defendant while the defendant, or another party, restrained them.
The alleged victim was touched by the defendant in an unwanted manner for the purposes of gaining sexual arousal, gratification, or abuse.
We could not stress this enough but having the right lawyer to defend you can go a long way. Look for someone with experience. Check their previous cases and do proper research on how they handle their cases. You can start by asking friends and family members for recommendations of a criminal lawyer in your local area.
Your criminal lawyer Montreal should be able to prove your innocence, that there was consent on the part of the alleged victim, or it was done as a result of insanity or mental incapacity.