Sexually Assaulting a Minor: Are You Eligible For Probation?

Written By Jonathan Holt
July 27, 2021
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Sexually Assaulting a Minor: Are You Eligible For Probation?

When you have been up in court on such a serious charge, you will likely need the services of dedicated sex crime lawyers to help try and minimize the damage to your reputation and liberty, plus you want to know what your probation options are going to be. Here is a look at the consequences of this type of crime and the potential options in terms of probation provided by criminal defense attorney.

Varying degrees of seriousness

Any charge of sexually assaulting a minor is clearly a serious allegation, and the consequences can be right severe. However, the severity of your actions can have a big impact on the sentence and probation terms your lawyer might be able to help negotiate.

For instance, it is often the case that if you get charged and convicted of any child sex crime, you will be facing a second-degree felony conviction. That can carry a prison sentence of up to 20 years and a fine in the region of $10,000.

The penalties are even more severe if you are found guilty of aggravated sexual assault. This charge comes into play if you are accused of causing serious bodily harm or using a weapon or drugs, for instance, to reduce the child’s resistance. This sort of scenario will also have a detrimental impact on your probation options.

Previous convictionSexually Assaulting a Minor

Another situation that will also impair your probation terms is when your act is a repeat offense. If you have already been previously charged with sex crimes against a child and you appear back in court for a second time.

It raises the prospect of being sentenced to life without parole or being subjected to a minimum term of 25 years in prison. You will usually have to serve at least half of your sentence before being considered eligible for parole if you are a repeat offender.

Different types of probation

State laws vary when it comes to child sex crimes and probation terms which is why it is a good idea to hire a lawyer with knowledge of these laws to guide you as to what your options are.  A typical state might offer you two different types of probation. That could be either deferred probation or what is generally known as regular adjudicated probation.

With deferred probation, you will get put on probation after you have pleaded guilty to the crime. It may be possible that if you complete the probation, the case will then be dismissed, and you won’t face a conviction for the crime.

Alternatively, with regular probation, you will usually get a sentence of up to ten years and before probation after coming before a judge or jury.

Get the right help

It is usually considered essential to get professional legal guidance when facing serious charges as a child sex crime. A suitably qualified lawyer will be able to assess the details of the case and guide you as to what your options are and what sort of best-case scenario you might be facing when you have been accused of a child sex crime.

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