Taking On Georgia's Strict Sex Crimes Laws

The state of Georgia is strict in its treatment of those who have been convicted of sex crimes. In addition to imprisonment and steep fines, many who have been convicted find it difficult to remain employed or even find a place to live after they have served their punishment. In these cases, it's imperative that those charged have a diligent lawyer by their side, working to protect their rights and interests.

I am Timothy McCalep, and I founded my practice with the goal of standing up for the rights of individuals in Atlanta and the surrounding areas as they are embroiled in the legal system. I am thorough in my preparation and knowledgeable of the law, ready to aggressively fight for my clients' rights.

Comprehensive Defense In Sex Crimes Cases

As a sex crimes lawyer, I offer legal defense for a wide range of matters, including:

Prostitution

Although legally prostitution is a misdemeanor offense, it is not a minor charge. A prostitution accusation can have a lasting effect on your family, social, and professional lives. Despite the possible punishment seeming like a slap on the wrist, the scarlet letter can follow you for life.

In Georgia, a person commits prostitution when he or she performs, offers, or consents to perform a sexual act, including but not limited to sexual intercourse or sodomy, for money or other items of value. In order words, prostitution occurs when individuals trade sex for money or value.

Prostitution is a misdemeanor offense and punishable by up to 12 months in jail and a fine not to excess $1000.00. However, that fine can increase $2,500.00, if the prostitution occurred within 1,000 feet of any school, on school grounds, public place of worship, or playground or recreation center which is used primarily children under 17 years old.

If you have been charged with prostitution, consider consulting with an experienced criminal defense attorney. I am familiar with the law and how cases like yours are handled. Contact me today!

Solicitation

Solicitation is a simple offense. It does not require the commission of an actual sexual act­– only the ask. The crime is committed as soon as a person seeks sexual services for payment.

Solicitation is a misdemeanor offense punishable by up to 12 months in jail and a maximum fine of $1000.00. However, penalties may also depend on the nature of the act and your prior criminal history. Soliciting a minor is a felony offense and could land you a minimum of five years in prison, plus a fine of at least $2,500.00.

If you are charged with solicitation, contact Timothy McCalep immediately. I can help handle your case and fight for your rights.

Enticement

Children are the future and crimes against them are taken very seriously. Child enticement is a broad term that can cover several different crimes. Prosecutors will fight hard to see serve prison time. I will fight hard to see otherwise.

Under Georgia law, a person entices a child for indecent purposes when he or she solicits, entices, or takes any child under 16 years old to any place for the purpose of child molestation or indecent acts.

Enticing a child for indecent purposes is punishable for a minimum of ten years and a maximum of 30 years in prison. Furthermore, if the victim is between the ages of 14 and 16, and the convicted person is 18 years old or younger, but no more than four years older than the victim, the convicted will be guilty of a misdemeanor.

Being convicted of a sex offense against a child can have lasting consequences. If you are charged with child enticement, you should contact Timothy McCalep. I am committed to helping you through this serious situation.

Rape

Rape is among the most serious sex crimes in Georgia. A simple accusation of a sex crime can be life altering. A conviction can has a lifetime of lasting effects. There are always two sides to a story, but the victim's version of the facts is enough to lead to a guilty verdict. It is crucial to take the investigation of a sex crime seriously and find an attorney who defends aggressively, your life may depend on in.

In Georgia, person commits rape when a male uses his sex organ to penetrate the female sex organ forcibly and against her will or uses his sex organ to penetrate the female sex organ of a ten-year-old girl. Additionally, in Georgia the fact that a husband allegedly raped his wife is not be a defense to a charge of rape.

If a person is convicted of rape, he faces the death penalty, life in prison, life in prison without parole, or a split sentence of 25 years to life, followed by probation for life. After a rape conviction, the individual will live life with a stigma. He will be required to register as a sex offender, have restrictions placed on where he can live, and possibly have his personal and professional career destroyed. There are numerous ways to defend against wrongful rape accusations. Please call me, Timothy McCalep, an expert on sex crimes law firm to schedule a consultation with a sex crimes attorney. I will fight to protect your reputation and namesake.

Statutory Rape

Statutory rape is a per se rule, which means the act is inherently illegal.

In Georgia, a person commits statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse. This charge is possible even if the underage individual consents to the sexual act. The crime of statutory rape is distinct from a sexual crime where the victim did not give consent or was forced.

When a person is convicted of statutory rape, he or she will be punished at least one year in prison, but no more than 20 years. However, if the person convicted is 21 years old or older, he or she will be subjected to a prison sentence ranging from ten to 20 years. If the victim of statutory rape is at least 14, but less than 16 years old and the person convicted 18 years old or younger and no more than four years older than the victim, he or she person will be guilty of a misdemeanor, potentially facing up to 12 months in jail.

Sometimes, a person who is charged with statutory rape is surprised by the accusation. He or she has been in a loving relationship and sex was consensual. If you are a parent of a teenage accused of statutory rape, please contact me immediately. You and your child need an attorney who is experienced and will fight zealously for your family, you need me. Please call the Law Office of Timothy McCalep for your free consultation.

Sexual Assault

Sexual assault is a very broad offense and can occur in several different ways.

According to Georgia law, a person who has supervisory or disciplinary authority over another individual commits sexual assault when that person:

  1. Is a teacher, principal, assistant principal, or other administrator of any school and engages in sexual contact with a student enrolled at the school;
  2. Is an employee or agent of any community supervision office, county juvenile probation office, Department of Juvenile Justice juvenile probation office, or probation office and engages in sexual contact with a probationer or parolee under the supervision of the office;
  3. Is an employee or agent of a law enforcement agency and engages in sexual contact with an individual who is being detained by or is in the custody of any law enforcement agency;
  4. Is an employee or agent of a hospital and engages in sexual contact with a patient; or
  5. Is an employee or agent of a correctional facility, juvenile detention facility, facility providing services to a person with a disability or a facility providing child welfare and youth services who engages in sexual contact with such other individual who the actor knew or should have known is in the custody of such facility.

Additionally, a person who is psychotherapist commits sexual assault when he or she engages in sexual contact with another individual who is seeking counseling.

Also, a person who is an employee, agent, or volunteer at any facility licensed commits sexual assault when he or she engages in sexual contact with another individual who has been admitted and receiving services from the facility.

What Consequences Am I Facing?

If convicted of sexual assault you will be subjected to a prison sentence ranging from one to 25 years, a fine not to exceed $100,000.00, or both; however, any person convicted of the sexual assault of a child under 16 years old will sent to prison for at least 25 years, but not more than 50 years. If at the time of the offense, the victim is at least 14 years old, but younger than 16 years old, and the actor is 18 years old or younger and is no more than four years older than the victim, he or she will be guilty of a misdemeanor.

O.C.G.A. § 16-6-5.1

Conviction of a sexual offense has very serious legal and social consequences. Your defense counts on someone who will scrutinize the facts the prosecutor has. I am a dedicated attorney and will go through the evidence with a fine-tooth comb. Contact me immediately so we can discuss your case.

Sexual Battery

Sexual battery occurs when a person intentionally makes physical contact with the intimate parts (genital area, anus, groin, inner thighs, or butt, and breasts of a female) of the body of another person without the consent of that person.

What is the Punishment for Sexual Battery?

A person convicted of sexual battery will be punished for a misdemeanor of a high and aggravated nature.

A person convicted of sexual battery against any child under the age of 16 years will be guilty of a felony and will be sentenced to a prison sentence ranging from one to five years.

2nd and Subsequent Convictions- a person will be guilty of a felony and will be imprisoned at least one year, but not more than five years; however, that first year cannot be suspended or probated.

A sex crime charge carries very serious ramifications, which could have an effect on where you live, your job, your reputation, and your relationships. If you have already been charged, the prosecutor has likely already gathered some evidence to be used against you. You need the immediate assistance of an experience attorney. Contact Timothy McCalep and we can discuss your defense.

Public Indecency

While public indecency seems like a minor offense, being accused of this type of offense is not only publicly embarrassing, it can also negatively impact your reputation and life.

In Georgia, a person commits the offense of public indecency when he or she performs any of the following acts in a public place:

  1. Sexual intercourse:
  2. A lewd exposure of the sexual organs;
  3. A lewd appearance in a state of partial or complete nudity; or
  4. A lewd caress or indecent fondling of another person's body.

Generally public indecency is a misdemeanor offense punishable by up to 12 months in jail and / or a fine not to exceed $1000.00; however; that punishment varies depending on the number of convictions a person has for the offense. According to Georgia law, a person convicted of public indecency for a third or any subsequent time will be guilty of a felony and will be sentence to a prison for a time ranging from one to five years.

A lot of people think pleas are the quick and easy way to handle their case. Other lawyers encourage their clients to take plea offers because pleas do not appear to be harmful at the time they are taken. That information is just misguided and misleading. Don't take the plea. Contact the Law Office of Timothy McCalep to discuss your case. Together we will work on your defense and make the prosecution PROVE its case against you!

Child Molestation

Child molestation charges can be pursued merely on the word of an accuser. Subsequently, the words of a child can alter the life of the accused drastically. Unfortunately the charge of child molestation comes with a stigma, one that even if found not guilty, is hard to shake. However, I, Timothy McCalep, will work tireless to protect your reputation and ensure your constitutional rights are protected.

In Georgia, a person commits child molestation when he or she:

  1. Does any immoral or indecent act to, in the presence of, or with any child under 16 years old with the intent to arouse or satisfy the sexual desires of either the child or the person; or
  2. By means of an electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under 16 years old with the intent to arouse or satisfy the sexual desires of either the child or the person.

What is the Punishment?

First Offense of Child Molestation- a person will be punished by imprisonment for at least five, but no more than 20 years. Also, while in prison, the Department of Corrections must provide counseling to the defendant.

Second or Subsequent Conviction of Child Molestation- a person will be punished by imprisonment for at least ten, but not more than 30 years or a life sentence. However, prior to trial, a defendant must be given notice, in writing, that the prosecution intends to seek a life sentence.

Additionally, if the victim is at least 14, but younger than 16 years old and the person convicted of child molestation is 18 years old or younger and is not more than four years older than the victim, the convicted person will be guilty of a misdemeanor.

The consequences of being found guilty of child molestation charges are so massive, legal representation by a lawyer with a complete understanding of the legal system and a commitment to you is so important. You and I, together can fight for the best outcome. Contact the Law Office of Timothy McCalep today.

Harboring a Sex Offender

Harboring a sex offender comes with harsh penalties. If you know someone is a sex offender and you help that person run form or escape the police, you will face jail time similar to what an actual convicted sex offender will face.

In Georgia, any person who knows or reasonably believes that a sexual offender, is not complying, or has not complied, with the law intends to assist the sexual offender in evading law enforcement officers seeking the sexual offender to question him or her about, or to arrest him or her for, his or her noncompliance with the requirements:

  1. Harbors, attempts to harbor, or assists another person in harboring or attempting to harbor such sexual offender;
  2. Conceals, attempts to conceal, or assists another person in concealing or attempting to conceal such sexual offender; or
  3. Provides information to the law enforcement unit regarding such sexual offender which the person knows to be false information

commits a felony and will be subjected to a prison sentence ranging between five and 20 years.

Although it does not seem serious, harboring a sex offender a major offense. When you are charged with any offense, your next steps are crucial. If you find yourself having to

As an attorney, I fully understand the stigma and difficulty of dealing with sex offense charges. However, you are entitled to your civil rights, and deserve to have someone who is willing and able to craft a complete legal strategy that optimizes your chances of a beneficial outcome.

I am dedicated to helping clients process the charges against them as I prepare a well-crafted defense. As a litigator, I take an aggressive stance in court, and as a tough negotiator, I always strive to place my clients in favorable positions.

Get The Legal Help You Need

At The Law Office of Timothy McCalep, you will receive dedicated and thorough representation. To discuss your legal issue with me, call 404-692-7525 or use the contact form to schedule a consultation.