Aggravated indecent assault is a serious crime. However, many people may get aggravated indecent assault confused with other crimes with similar names, such as assault, aggravated assault, or indecent assault. Additionally, other states may have similar-sounding crimes that criminalize different conduct. What one state calls indecent assault may be what another state calls aggravated assault, and so on.
In Pennsylvania, aggravated indecent assault refers to penetrating another person without their consent through physical force, threats, or other means. It is very similar to rape and carries with it serious criminal penalties. All forms of aggravated indecent assault are felonies. Upon conviction, you will be a felon and a registered sex offender for the rest of your life.
If you or a loved one are facing aggravated indecent assault charges in Pennsylvania, call (215) 302-0171 and get a free, confidential review of your case from our aggravated indecent assault defense lawyers with The Law Offices of Lloyd Long.
Explaining Aggravated Indecent Assault in Pennsylvania
Aggravated indecent assault is detailed in 18 Pa.C.S. § 3125. While it has very similar criminalized conduct, aggravated indecent assault is legally unique from rape, which is criminalized in Pennsylvania under 18 Pa.C.S § 3121. The primary difference in verbiage is that aggravated indecent assault criminalizes nonconsensual “penetration,” while rape criminalizes nonconsensual “sexual intercourse.” In many circumstances, the activities are linked, so a charge of aggravated indecent assault could be pursued alongside a rape charge.
Our aggravated indecent assault defense lawyers are very familiar with the relevant statutes, how prosecutors will try to use them, and how we can defend you against criminal charges under this law. We will go over some of the details of the aggravated indecent assault statute below.
Aggravated Indecent Assault
Aggravated indecent assault is defined as any penetration that happens without consent, through force or threats of force or harm, or when the victim is not conscious or impaired by alcohol or drugs to the point that they cannot resist or consent. It is also aggravated indecent assault to penetrate someone who is less than 16 years old when the perpetrator is four or more years older than the victim, regardless of any circumstances surrounding the criminal act.
Aggravated Indecent Assault of a Child
Aggravated indecent assault of a child is outlined separately, but the requirements are the same as above. If the victim is under 13 years old, the crime is aggravated indecent assault of a child instead of merely aggravated indecent assault.
Penalties for Aggravated Indecent Assault in Pennsylvania
There are very serious penalties for aggravated indecent assault in Pennsylvania. It is always a felony. The only question is how severe of a felony the charge is.
Second-Degree Felony
Aggravated indecent assault is a felony in the second degree when the victim is a legal adult or the victim is less than 16 and the perpetrator is less than four years older than the victim. In Pennsylvania, second-degree felonies carry a maximum fine of $25,000 and a maximum of ten years in prison.
First-Degree Felony
Aggravated indecent assault is a first-degree felony when the victim is under 13 years old. First-degree felonies still have a maximum fine of $25,000, but the maximum sentence is 20 years in prison with a minimum of ten years in prison.
Non-Legal Consequences of an Aggravated Indecent Assault Conviction
Outside of large fines and lengthy prison sentences, a conviction for aggravated indecent assault will follow you for the rest of your life. You will need to be in a sex offender registry for the rest of your life, and you will have a felony on your record that cannot be removed. With so much on the line, it is imperative to retain legal counsel to fight against these incredibly serious charges.
Felony Conviction
A felony conviction for aggravated indecent assault will be with you for the rest of your life. Some felony convictions can be expunged or sealed away so no one can see them after years have gone by. Not so for aggravated indecent assault. Serious crimes like murder, rape, and aggravated indecent assault cannot be expunged and will always be visible. This will make it extremely difficult to get any sort of employment since most employers will not hire felons.
In addition, you will have some of your rights taken away. Felons cannot vote while they are in prison, and they never will be able to own a firearm.
Sex Offender Registry
You will be required to register as a sex offender for the rest of your life if you are convicted of aggravated indecent assault. Once you are in this registry, anyone can look you up online and see your face, name, the crime you were convicted of, and where you live. Registered sex offenders will also have extreme difficulty finding a place to live, obtaining loans, or getting a job since they must disclose their sex offender status to these parties.
Additionally, you will be forever barred from any job that interacts with children on a regular basis. Moreover, you will not be allowed to be within a certain distance of schools or any other places where children are likely to be found.
Personal Consequences
In addition to extremely serious stains on your record, you may lose relationships after a conviction for aggravated indecent assault. People generally do not like associating with or being around convicted felons or registered sex offenders. Friends and even close family may look at you differently, not want to be around you, or sever ties completely.
Discuss Your Case with Our Pennsylvania Aggravated Indecent Assault Defense Lawyers Today
To have a free, confidential analysis of your case, call our aggravated indecent assault defense lawyers from The Law Offices of Lloyd Long at (215) 302-0171.