Tysons Corner Sex Crimes Defense Attorney

People who face accusations of sex crimes may struggle to be treated fairly. In these cases, the penalties for a conviction can be severe, forcing a person to pay large fines, spend years behind bars, and register as a sex offender after they are released. However, other penalties may begin to affect them from the moment an accusation is made. People may assume that they are guilty, which can destroy important personal relationships, lead to career consequences, and cause a great deal of emotional distress. Understanding how to defend against sex crime accusations can be crucial for anyone in this situation.

At Noorishad Law, P.C., we know how frightening and overwhelming it can be to face an accusation of this nature. However, we advise our clients that an accusation is not the same as a conviction, and by providing a strong defense, we will work to minimize the impact that these charges can have on a person's life. Our attorney will review every detail of a case, including the specific accusations, the motives of the accuser, how evidence was gathered, and whether a person's rights were violated during an investigation. He will work to resolve a case successfully and prevent a sex crime conviction whenever possible.

Understanding Child Pornography Charges

Offenses involving child pornography are taken very seriously by law enforcement. The creation of child pornography involves the sexual abuse and exploitation of children, which his why child pornography is also referred to as child sexual abuse material (CSAM). The charges that people who are accused of child pornography offenses may face include:

• Possession of CSAM: Child pornography may be found on a person's phone, computer, tablet, or other device, or physical photographs, videotapes, or films may be found in their home, vehicle, or other property. CSAM possession charges may be based on online activities, such as visiting websites that contain illegal materials and downloading files. However, questions may arise about whether a person charged with CSAM possession knew about the materials or whether they may have been downloaded or accessed by someone else who used the same device or WiFi network.
• Distribution of CSAM: A person may be accused of sending, sharing, uploading, transferring, or selling child pornography to another person. These accusations may involve files that were uploaded to a website, sent to someone else through email or other digital messaging platforms, or distributed through file-sharing applications. However, questions may arise about whether a person intentionally distributed materials or was aware of files that were available to others.
• Production of CSAM: The most severe child pornography charges will often involve allegations that a person created or participated in creating child sexual abuse material. They may be accused of photographing or filming children in sexual situations, encouraging children to create and share sexually explicit materials, or allowing or profiting from the sexual abuse of children to create child pornography.

Possible Defense Strategies in Child Pornography Cases

The right defense strategy for a person who is facing CSAM charges will depend on the specific facts of a case, the evidence that may be involved, and the procedures followed during an investigation. Our attorney can help clients determine whether they may be able to use defense strategies such as:

• Challenging How CSAM Came to Be on a Device: Some files may be downloaded by malware or by other people who use a shared device or network without the knowledge of the person who has been accused of CSAM possession.
• Reviewing Search Warrants and Procedures Followed by Law Enforcement: Our lawyer will take steps to address any violations of a person's Fourth Amendment rights by police officers when they searched a home, seized electronic devices, or gathered data about a person's online activities.
• Examining the Chain of Custody of Evidence: If there are any gaps or errors in how digital files or other evidence was preserved and analyzed, our attorney may be able to challenge this evidence.
• Questioning the Nature of the Material: Our lawyer may argue that the materials in question do not fall under the category of CSAM. He may question whether the people depicted are minors, or he may show that materials were not sexual in nature.

Sexual Assault and Related Charges

Many sex crime cases involve allegations of sexual assault. While the term "sexual assault" is often used to describe any types of sexual activities that occurred without a person's consent, there are several specific offenses that may apply in these cases, including:

• Sexual Battery: This offense generally involves unwanted sexual touching without penetration. A person may be accused of touching someone else's private parts by using force, threatening to cause an injury, or acting in an intimidating manner. While sexual battery is often charged as a misdemeanor offense, the penalties may be more serious if a case allegedly involved aggravating factors such as a child victim, a dangerous weapon, or actions that led to injuries.
• Rape: Sexual intercourse or penetration that allegedly occurred without consent can lead to an arrest for rape. As with sexual battery, these offenses will generally involve the use of force, intimidation, or threats. A person may also be accused of rape if the alleged victim was mentally incapacitated and could not give consent due to a mental disability or intoxication by alcohol or drugs. Rape is a more serious offense that is likely to lead to a multi-year prison sentence after a conviction.
• Object Sexual Penetration: Some sex crime accusations may involve claims that a person used an object to penetrate the alleged victim sexually without consent. While the penalties for this offense are similar to those that would apply for rape charges, people who are accused of object sexual penetration may be treated more harshly.