Defending Against Child Molestation Charges
Posted on Thursday, September 4th, 2014 at 6:29 pm
Child molestation charges are serious. If you believe you are being investigated or have already been charged, contact a skilled Nashville defense attorney as soon as possible to maximize your defense options.
Elements of a Child Molestation Charge
As a Nashville defense attorney can explain a child molestation charge is complex. The events leading up to it may actually support a number of separate charges in addition to the sexual conduct charge. It may include child endangerment, abuse and neglect, criminal assault and domestic violence depending on the circumstances. Regardless of the amount and nature of the charges, your attorney can analyze the case looking for a few common factors that may form a defense strategy.
Key Factors in Building a Defense
As with any criminal charge, when you speak to an attorney from a knowledgeable Nashville defense law firm defense, he may focus on the type of evidence against you and how it was collected. Again, an accusation of child molestation may actually include several separate but related charges. Your attorney will explain how the prosecution bears the burden of proving each and every legal element of each and every charge beyond a reasonable doubt. If even one element of a charge is not supported by evidence, the prosecution will have failed in its burden of proof and the charge may be dismissed.
Your attorney will explain the criminal defendant’s rights when it comes to evidence gathering. The Constitution protects criminal suspects from unreasonable searches and seizures and affords them the right of due process of law. From a practical standpoint, your attorney will look at whether law enforcement executed a lawful search to obtain evidence, whether a warrant was required or exceeded and how any statements you might have made were obtained. If the defendant’s rights were violated, this could form the basis for a successful motion to suppress any evidence obtained pursuant to the violation.
At the offices Horst Law you can trust your case to an experienced Nashville defense law firm. To schedule an initial consultation, call (615) 403-2971.