Philadelphia Sexual Assault Lawyer

Some types of criminal charges are petty and carry minor penalties. Sexual assault is not one of them. The Commonwealth of Pennsylvania takes sexual assault accusations seriously and is prepared to prosecute perpetrators to the full extent of the law. If you are accused of a sex offense, you are going to need a reputable Philadelphia sexual assault lawyer to help you clear your name.

Ciccarelli Law Offices has spent over 100 years advocating for the rights of the innocent and accused. With a highly experienced criminal defense attorney in Philadelphia on your side, you have a strong chance of dodging a conviction and putting this difficult experience behind you. When you are ready to discuss potential defense options but are unsure of where to begin, do not hesitate to contact our legal team to request a confidential consultation.

Sexual Assault Charges in Philadelphia Carry Harsh Penalties 

Sexual assault can involve a wide variety of criminal offenses in PA. Some of the most common types of charges our clients have faced include: 

• Rape under 18 PA C.S. § 3121 – This is generally tried as a first-degree felony, punishable by up to $25,000 in fines and as much as 20 years in prison.
• Statutory sexual assault under 18 PA C.S. § 3122.1 – This can be tried as a second or first-degree felony, depending on the age of the victim at the time of the alleged offense. If convicted, you could spend up to 20 years in prison and pay fines of up to $25,000.
• Involuntary deviate sexual intercourse under 18 PA C.S. § 3123 – This offense involves forcing someone who is unaware to engage in sexual intercourse. It is most often tried as a first-degree felony, which is punishable by a 20-year prison term and fines not to exceed $25,000.

Philadelphia Sexual Assault FAQ

What are the most common defenses to sexual assault?

Since you will not qualify for pretrial diversion as someone accused of sexual assault, and the prosecutor may be unwilling to work out a plea agreement, you may need to prepare to bring your sexual assault case to trial. Working with your Philadelphia sex crimes lawyer to craft a powerful defense strategy and introduce reasonable doubt is going to be your best shot at avoiding a conviction. Some of the most common defenses used to challenge sexual assault allegations include:

• Having an alibi
• Mistake of fact
• Mistaken identity
• Issues with DNA testing or other physical evidence
• The Romeo and Juliet defense
• The alleged victim consented to the sexual activity in question
• The alleged victim made false accusations against you

How long will it take to resolve my case?

Many factors will come into play when determining how long it may take to resolve your sexual abuse case. The severity of the sexual assault, how backed up the court system is, and the complexity of your case will all have an impact on the length of time it takes to get to trial. However, you have the right to a speedy trial as described under 234 Pa. Code § 600.

This means the prosecutor and court cannot delay moving your case through the criminal justice system, or your constitutional rights will have been violated. This may be considered grounds for the sexual assault charges against you to be dismissed entirely. It could take several months or years before your case comes to a close, whether you are convicted or acquitted. You may be able to resolve your case sooner by working out a plea agreement with the district attorney.

What does it cost to hire a Philadelphia sexual assault attorney?

The cost of hiring a Philadelphia sex crimes lawyer should not hold you back from getting the legal support you need when you need it most. According to the Sixth Amendment, you have the right to an attorney even if you cannot afford one. You may be able to hire a public defender to take on your case. Unfortunately, they are often overwhelmed with other criminal cases and may not be able to provide you with the attention your defense deserves. They also lack the resources to build the strongest defense strategy possible.

When you hire a private Philadelphia rape attorney to defend you, it will cost more, but what price wouldn’t you be willing to pay for your freedom? Our fees are not exorbitant. After reviewing the circumstances of your case, we will know whether we should work on a flat fee or hourly rate. You may need to be prepared to put a retainer down so you can effectively reserve our services.

Can sexual assault be expunged from my record?

No, if you are convicted of sexual assault, this is an offense that will remain on your record forever. It is taken just as seriously as sex offenses involving minors, assault, or even kidnapping. However, this applies specifically to sexual assault convictions.

If you were investigated but charges were never filed, expungement may be granted. You may also be eligible if you were acquitted or the prosecutor dismissed the charges against you. As described under subchapter (b)(1) of 18 PA C.S. § 9122, if you are 70 years of age or older and have not been arrested or convicted of a crime over the last 10 years, you may also be able to get your criminal record expunged.

What is the statute of limitations on sexual assault in Philly?

In most cases, the statute of limitations for sexual assault cases is two years from the date of the alleged defense if the victim files a civil lawsuit under 42 PA C.S. § 5524. For criminal charges, the statute of limitations typically expires 12 years from the date of the alleged offense per 42 PA C.S. 55. If the victim was under the age of 18 at the time of the incident, the prosecutor may have additional time to file the charges.

Get Help From a Premier Sexual Assault Lawyer in Philadelphia Today

Sexual assault is one of the most serious criminal offenses you can be accused of. The allegations alone may be enough to destroy your reputation, career, and your family. If you hope to get home sooner and be able to start rebuilding your life, presenting a compelling defense strategy may be your best option.

Get help clearing your name when you turn to a skilled Philadelphia sexual assault attorney from Ciccarelli Law Offices. Our team can closely evaluate the circumstances of your case to determine whether false allegations were made if the alleged victim consented to the encounter, or if the state’s Romeo and Juliet laws protect you from prosecution. Schedule your initial defense strategy session as soon as today when you call our office or complete our confidential contact form.