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North Carolina Sex Crimes Offenses

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When people come to the law office of Powers McCartan, PLLC they normally have a serious legal problem and they’re seeking an experienced criminal defense attorney. Few criminal charges are more damaging to a career and family life than a sex offense, and the social stigma of a sex offender label – even if it’s not true.

At Powers McCartan, we understand how traumatic a sex-crimes charge can be. We act discretely and immediately to investigate your case, providing our years of experience in determining the most appropriate manner in which to proceed. Sometimes that involves taking a matter to trial.  Other times it requires treatment, admission of responsibility, and working to mitigate the long-term consequences of such serious accusations.

Make no mistake, Sex Offenses in North Carolina are taken very seriously by everyone involved – John Landreth

Powers McCartan has a track record of zealous legal advocacy in courts throughout North Carolina. Contact Powers McCartan to talk with a sex crimes defense lawyer today.

Our Sex Offender Defense Practice

Whatever criminal charges you face, you can count on your Powers McCartan defense attorney to listen, to explain your defense options, and to provide you with a forceful professional defense. We have represented clients facing a wide range of charges, including:

  • Sexual assault, rape, date rape, statutory rape
  • Criminal sexual conduct
  • Molestation
  • Sexual contact with a minor
  • Prostitution and solicitation
  • Lewd behavior
  • Child pornography
  • Internet solicitation

Problems with Sex Offender Registration

If you were previously convicted of a sex crime and may have had to register as a sex offender, you may find yourself in trouble with the law from time to time because of problems you encounter when re-registering. Were you late in registering? Did circumstances cause you to violate the rule of the sex offender registry? Sometimes legal intervention is required. Call our office.

Contact Powers McCartan

At Powers McCartan, we guarantee our rates and put them in writing for you. You won’t be surprised with hidden costs. Call us now for a free consultation: (704) 342-4357.

 

 

Modified Transcription of “North Carolina Sex Crimes Offenses” for the Hearing Impaired

Hi there, I’m Bill Powers and if you’re looking at this particular page which has to do with sex crimes and sex offenses in North Carolina, obviously you know it’s probably a very serious charge. Now, we use those general terms, sex crimes, sex offenses for a lot of different types of charges that we see on a daily basis. Most commonly and kind of the top of the hierarchy would be things like rape. There’s the rape of a person, there’s statutory rape, there’s first-degree sex offense and then there are other types of offenses that are of a sexual nature. So I want to talk a little bit with you today about the different type of offenses, what we see in court, what we recommend and what we think is a good way or are good ways to assist you or someone you care about.

First and foremost, I’d like to caution people that each case is different. Sometimes cases start off looking very simple and people don’t realize how complex or dangerous or serious they are. And other times, cases start really really seriously and we find out actually that it’s not appropriate and it becomes a lot more relaxed, all right? So I like to tell people and I’ve done this for a lot of years, right around 25 years now in North Carolina practicing law, we hope for the best but plan for the worst and that’s a good idea.

We hope for the best, but plan for the worst. That’s a good idea. Now, the first type of sex offenses we see and again I mentioned this, would be rape. That is defined, a rape is traditionally a common law type of offense. It’s also set forth in the general statutes in North Carolina. For lack of a better term, it’s having forcible sexual contact. It’s different than sex offense, but it’s what you probably think it is. It’s forcing yourself on somebody and raping them. Now, there are other types of offenses associated with rape that are common. Forcible sexual contact. We’re talking things like oral sex or touching. Then, we have different types of offenses that it may be between two adults. It may be between an adult and someone under a certain age, and that’s why we refer to that as statutory rape. The statute says, and these are complicated laws, it has to do with the relative age of the person that is deemed the victim and the person who is deemed I guess the facilitator of the crime.

Now, an important difference between rape and statutory rape is that rape generally involves conduct where it’s not consensual, meaning that people are not consenting to the sexual contact. It could be a use of force. It could be use of a position of trust or authority. There are a lot of different options here. Statutory rape, and when we get calls on this, people say, “Well, this was consensual. They wanted to do this. I was not the aggressor. I didn’t do anything that they didn’t want to do.” The general assembly in our courts in North Carolina have said based on a couple hundred years of our existence, this just because of these factors illegal. If you’re one day over or one day before, it makes all the difference in the world. Even if it was consensual behavior, statutory rape, if you meet those qualifications, and again, it’s complicated, you’re looking at a very, very, very serious charge.

Other sex offenses can involve other than traditional coitus, other than traditional sex, could be use of your hands. Sometime they refer to that as digital penetration. It could be oral stimulation or oral sex. It doesn’t matter if anything went to fruition. As you might imagine, it’s complicated. It’s very, very, very serious. These cases are taken seriously by the District Attorney’s offices in North Carolina. They’re taken seriously by the judges. They’re taken seriously by police. They’re taken seriously by juries, and they’re sure as heck taken seriously by us and our firm.

Right off the bat, I’d tell you if you have allegations on these type of cases, and this is one of those type of offenses where people often call us while the charges are developing. They may have had some level of contact with the Department of Social Services, maybe a detective, a police officer, someone who’s asking some questions. If that’s the case, I’d encourage you call us right away. It’s important whether it’s us or some other firm to get legal counsel immediately. Exercise your rights.

It’s not going to go worse for you if you exercise your rights. It’s not going to be the judge or someone is going to be mad at you for not cooperating. The police don’t always like it, but the truth of the matter is is that that’s why we have constitutional rights. You have a right to have counsel at every stage proceeding. When I say every stage proceeding, I mean court. You have to a right to have an attorney with you even if you’re going to cooperate with the police, even if you’re going to say, “I did X, Y and Z.” It makes sense to have a lawyer sitting next to you and explaining your different rights and your different options and the consequences. Lawyers explain the process. We explain what the different offenses are, how they’re defined in the statutes. We look on these type of cases very, very closely at the factual scenarios and what’s going on.

We like to get involved as quickly as possible. I cannot tell you the number of times cases where we as lawyers and throughout North Carolina, where it’s frustrating because you say, “Gosh, I wish you’d just called me before X, Y and Z took place.” If it’s you or the person that’s charged, or you’re a family member. We see a lot of these brothers, sisters, fiancees, boyfriend, girlfriend calling, asking questions. Please exercise your right. Remain silent. Secondly, come in and talk to us. We offer a free confidential consultation. What that means is what you tell us doesn’t go outside the office. We keep it quiet. We’re required, duty bound under our rules and as lawyers to keep things confidential. We keep secrets. That’s what lawyers do. Unless and until you say you want our legal help, we don’t send you a bill. For criminal cases, we do not charge to talk with us. It’s only if you say, “I want your legal help,” that we send you an invoice and we let you know exactly what that is, and we’ll work with you on payment.

These are serious. Don’t mess around with this. Get a lawyer involved as quickly as possible. These type of offenses also occasionally involve possession of a certain type of pornographic materials. Sometimes people refer to these sex offenses as possession of child pornography, manufacturing, distribution of child pornography. Registration of sex offenders. It’s a very, very, very broad category. There’s no way in a few minute video that I can go through all the different options, but there are a lot of them. If you have a sex offense type of a crime, whether it’s rape, statutory rape, sex offense, pornography, violation of a registration of a sex offender, please call us. We’re here to help. That’s why our telephone number is 342-HELP. 204-342-HELP. Look forward to hearing from you.