Aggravated sodomy is a felony with some of the most severe penalties under state law. It is so serious that is grouped into what is called the “seven deadlies” in Georgia because of the severe penalties associated with a conviction. Being accused of this crime can be terrifying. You worry about going to prison or being branded as a sex offender and may not know what to do next.
While this is a serious situation, there are ways of possibly beating the charges or minimizing their impact on your life. An experienced sex crimes attorney can help. A Carrollton aggravated sodomy lawyer can evaluate the charges you are facing and provide guidance about potential defenses.
Aggravated sodomy includes any sexual act involving the sex organs of one person and the anus or mouth of another person when that conduct is forceful (including threats, intimidation, and mental coercion), against their will, or conducted against someone under 10 years old. The conduct must occur without the alleged victim’s consent, and the alleged victim may be anyone in the alleged perpetrator’s life, including a stranger or their spouse. Importantly, minors cannot legally consent to sexual acts in Georgia. A legal professional in the Carrollton area could provide more insight into the criminal definition of aggravated sodomy.
Aggravated sodomy is considered one of the most serious crimes in Georgia. The statutory minimum is 25 years in prison without parole and the maximum is a life sentence if convicted of aggravated sodomy in Carrollton, Georgia.
Because aggravated sodomy is such a serious charge, additional sentencing considerations may also apply. People convicted of this crime are not entitled to first-offender probation, even if it is their first offense and have reduced eligibility for parole. Except limited cases involving an agreement with the prosecutor, the judge is not allowed to suspend, stay, or depart from the statutory minimum. Additionally, conviction for this offense requires registration as a sex offender.
Given the severe ramifications of an aggravated sodomy conviction in Carrollton, anyone charged with this crime should contact an experienced lawyer as soon as possible. The sooner an attorney gets involved, the sooner that attorney can begin working on strategies and defenses that could lead to a more favorable outcome.
When someone is accused of a sex crime, it can feel like they have already been tried and convicted by the public. Fortunately, our justice system gives defendants the right to present their side of the story on their day in court. Depending on the circumstances, a defendant in an aggravated sodomy case might be able to present a variety of defenses.
As discussed, the alleged victim might have consented to the entire situation or even initiated it, then turned around and claimed it was against their will. Forensics, medical reports, and the victim’s own words can sometimes help in the truth-finding process about whether a sex act was consensual or forced.
Procedural problems with the police investigation might be another avenue of defense. Because of due process, the court might toss out a coerced confession or evidence from an illegal search. Other defenses may also apply in an alleged event of aggravated sodomy, so it is always worth speaking to a Carrollton lawyer.
Aggravated sodomy is one of the most serious crimes, with potential penalties including life in prison. When you have been accused of this crime, your future is on the line. You want an attorney who can help provide the best possible defense, both in negotiations with the prosecutor and, if necessary, at trial.
Time is of the essence, so contact a Carrollton aggravated sodomy lawyer as soon as possible. Call now to schedule your legal consultation.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
