Savannah Sexual Assault Attorneys

Aggressive Defense for Sexual Assault & Sexual Battery Charges in Georgia

Sexual assault and battery carry serious criminal penalties. A conviction can lead to jail or prison time and may require you to register as a sex offender, impacting your future and your reputation. If you face charges for sexual assault or battery, reach out to a qualified sexual assault attorney in Savannah as soon as possible.

At Schneider Law, PC, we have years of experience handling an array of criminal cases. Our Savannah sexual assault lawyers stand ready to protect your rights and defend you at every stage. We recognize the stakes you face and commit to offering aggressive, personalized legal representation.

Call our office today at (912) 417-5008 or contact us online to schedule a consultation with one of our attorneys.

Understanding Sexual Assault & Sexual Battery Laws in Georgia

While both crimes involve unwanted sexual contact, the distinction between sexual battery and sexual assault lies in the circumstances and severity of the offense. 

Sexual battery focuses on non-consensual touching of intimate parts, usually charged as a misdemeanor unless the victim is under 16 or the defendant has prior convictions. In contrast, sexual assault applies when the accused is in a position of power or trust, and the law does not recognize consent as a defense due to the imbalance of authority.

It is also important to note that the crime commonly known as Rape (which involves non-consensual sexual penetration) is codified under a separate statute (O.C.G.A. § 16-6-1) and carries the severest penalties, including a mandatory minimum sentence of 25 years to life. Sexual Battery and Rape are distinct charges.

What Is Sexual Assault in Georgia?

In Georgia, the term sexual assault refers to a felony offense that applies when a person in a position of authority or trust engages in sexual contact with someone under their supervision. This crime can involve either touching or penetration, but the defining feature is the power imbalance between the parties. 

The law identifies several examples of supervisory or disciplinary authority, including police officers over detainees, psychotherapists over patients, and employees of schools, hospitals, or other institutions over individuals in their care.

A crucial element of this statute is that consent is not a valid defense. The law presumes that due to the power dynamic, the victim cannot freely give consent. As a result, any sexual contact under these circumstances is automatically unlawful.

Sexual assault is a felony offense in Georgia. Penalties depend on the charge details, the age of the alleged victim, the sexual act involved, and whether a weapon was used.

What Is Sexual Battery in Georgia?

Prosecutors charge an individual with sexual battery if they intentionally make physical contact with the intimate parts of another person without consent. Sexual battery qualifies as a misdemeanor but can still result in jail time, fines, and other penalties.

Aggravated sexual battery, which involves the use of foreign objects or aggravating factors, is a felony in Georgia. A felony conviction can lead to prison and mandatory registration as a sex offender. In Chatham County courts, when a case involves a minor, sentencing follows stricter guidelines and potential penalties increase.

Sexual battery charges may arise when the alleged victim could not consent because they were unconscious, sleeping, or under the influence of drugs or alcohol. The law also covers cases in which an individual could not give consent because of a mental or physical disability.

The Mandate of Sex Offender Registration (SOR)

The most severe long-term consequence of a felony sex crime conviction in Georgia is mandatory registration on the SOR for either 10 years or lifetime.

This registration imposes permanent restrictions on your:

• Residency: You are prohibited from living within 1,000 feet of schools, daycares, or other zones frequented by children.
• Employment: You are restricted from employment involving children, education, or transportation.
• Publicity: Your name, photograph, address, and offense details are publicly accessible online, creating a life of social and professional isolation.

The legal strategy of your Savannah sexual assault lawyer must, from the beginning, be centered on winning an outright dismissal or securing a plea to a non-SOR-triggering offense.

What to Expect After a Sexual Assault & Sexual Battery Charge in Savannah

A sexual assault charge in Savannah initiates a multi-step legal process. After an arrest, Chatham County police conduct an initial investigation and transport the accused to the Chatham County Detention Center for booking. The first court appearance, where a judge reviews the charges and may decide on bond, typically takes place within 72 hours. Savannah cases progress through local criminal courts according to Georgia law. Allegations involving minors or weapons may lead to stricter pretrial conditions and a faster timeline.

The local court system follows specific schedules and practices. The legal process may include mandatory hearings or pretrial conferences at the Chatham County Courthouse. Our team prepares for each stage, reviews evidence, and ensures your perspective gets presented clearly and thoroughly. Local legal procedures can shape how your case moves forward and can impact decisions about negotiating or going to trial. We focus on helping you avoid decisions that have lasting consequences.

Our Comprehensive Approach to Sex Crime Defense

At Schneider Lerch, LLC, we recognize that sexual assault and sexual battery charges must be fought with maximum force. Our firm’s approach is proactive, detail-oriented, and client-focused.

• Immediate Investigation: We act immediately to preserve evidence, interview potential defense witnesses, and secure digital data (texts, social media) before it is deleted by the accuser.
• Challenging Credibility and Motive: We aggressively challenge the accuser's narrative, looking for evidence of false reporting, revenge, or financial motive. This defense aims to create reasonable doubt and discourage the prosecution from moving forward.
• Motion to Suppress: We scrutinize police procedure for violations of the Fourth and Fifth Amendments. We will file motions to suppress illegally obtained statements or evidence, which can severely damage the prosecution's case.
• Sentencing Advocacy: If conviction is unavoidable, we fight to negotiate a plea to a lesser charge that avoids Sex Offender Registration or to secure the minimum sentence possible, presenting mitigating evidence of character and circumstances to the judge.

Reach Out to a Savannah Sexual Assault & Sexual Battery Lawyer

Having a criminal defense attorney is critical when you face sexual assault or sexual battery charges. A lawyer can help you understand your charges and advise you about the best path forward.

Our team knows the Chatham County courts and is familiar with Savannah law enforcement procedures. We keep up with changes to Georgia law and offer guidance that reflects both legal requirements and the realities of local prosecution. We support our clients through every step, from arrest to hearings, and work to protect their future and reputation with a defense tailored to individual circumstances.

To learn more about how our Savannah sexual assault & battery attorneys can help you, contact us online or call (912) 417-5008 today!

FAQs

What are common defenses for a sexual assault charge in Savannah?

Defenses can include challenging the evidence, questioning the accuser’s statements, or asserting consent. Courts will look closely at the details in every case, so building a solid defense starts with reviewing the facts and timeline closely.

Does a sexual assault arrest mean automatic registration as a sex offender in Georgia?

No, arrest does not automatically require sex offender registration. Registration depends on conviction for specific offenses under Georgia law, and the outcome is determined by the final court resolution.

How long does the sexual assault legal process usually take in Chatham County?

The timeline varies with the court schedule and the case complexity. Some cases settle in several months, while cases that go to trial can take a year or longer to complete.