Savannah Sexual Assault Attorneys

Criminal Defense Since 1996, Available 24/7 for Sexual Assault Charges

Sexual assault and sexual battery allegations can lead to serious criminal charges. A conviction can lead to jail or prison time and may require you to register as a sex offender, affecting your future and your reputation. If you’re facing charges for sexual assault or sexual battery, reach out to a sexual assault attorney in Savannah as soon as possible. An arrest or charge is not a conviction, and the decisions you make in the early stages of a case can matter.

At Schneider Lerch, LLC, we’ve represented individuals facing serious felony and misdemeanor charges at the state and federal levels since 1996. Our attorneys have handled thousands of cases, and our Savannah sexual assault lawyers develop defense strategies around the specific facts and circumstances of each case. Avoid discussing the allegations with investigators, the other party, or anyone else before speaking with us.

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

Georgia law treats sexual assault, sexual battery, aggravated sexual battery, and rape as separate offenses, each defined by its own statute with distinct elements and punishment rules. The charges are not interchangeable, and which statute applies depends on the specific allegations in the accusation or indictment.

Our firm also represents clients facing related charges. See our pages on sex crimes defense, rape, felony defense, and misdemeanor defense for additional information.

What Is Sexual Assault in Georgia?

In Georgia, the offense commonly referred to as sexual assault applies when an employee or agent engages in sexual contact with another person whom that employee or agent knows or should have known is under the supervision, custody, or care of the institution or office they represent. This crime can involve either touching or penetration, but the defining feature is the relationship between the parties and the statutory circumstances at the time of the alleged conduct.

The law identifies several categories of covered relationships:

• Employees or agents of law enforcement agencies and people detained by those agencies
• Psychotherapy or counseling providers and their patients
• Employees or agents of schools, hospitals, correctional facilities, or other institutions and people under their care

Whether a relationship qualifies under the statute depends on the specific language of the charge and the facts of the case. The statute may classify the alleged conduct as a felony offense in Georgia. Penalties depend on the charge details, the age of the alleged victim, the sexual act involved, and the circumstances identified in the applicable statute. The prosecution must prove each required element beyond a reasonable doubt.

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. Under O.C.G.A. § 16-6-22.1, a first conviction is generally a misdemeanor, but can still result in jail time, fines, and other penalties. Convictions involving a victim under 16, or a second or subsequent conviction, are subject to increased punishment under the statute.

Aggravated sexual battery under O.C.G.A. § 16-6-22.2 involves intentional penetration of the sexual organ or anus of another person with a foreign object without that person’s consent. It is a felony charge.

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 specific facts, including the alleged act, location and type of contact, communications between the parties, and witness accounts, all bear on how the defense analysis proceeds.

When Georgia Sex Offender Registration May Apply

One of the most significant long-term consequences of a sex crime conviction in Georgia can be mandatory registration on the Sex Offender Registry. Registration requirements depend on the specific offense, the terms of any conviction or adjudication, and the applicable requirements under Georgia law. The Georgia Bureau of Investigation maintains the state registry and publishes registry information and requirements. An arrest alone does not place a person on the registry.

Registration can impose significant restrictions on your:

• Residency: Registrants may be prohibited from living within certain distances of schools, daycares, or other zones frequented by children.
• Employment: Restrictions may apply to employment involving children, education, or transportation.
• Public Record: Registry information, including name, photograph, address, and offense details, may be publicly accessible, creating lasting personal and professional consequences.

Housing, employment, travel, probation, and public-record consequences can vary by offense and how the case is resolved. We account for these potential long-term consequences when developing a defense strategy, including how the charged offense and possible resolutions may affect your future.

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

After an arrest in Savannah, the multi-step legal process may begin with booking and detention functions handled by the Chatham County Sheriff’s Office. Depending on the charge and stage of the case, the process may include bond proceedings, indictments, pretrial motions, plea negotiations, and trial. The Criminal Division of the Chatham County Superior Court Clerk’s Office processes criminal filings, and the Chatham County District Attorney’s Office handles prosecution.

The timing and sequence of these stages vary by case and court schedule. Allegations involving minors may lead to stricter pretrial conditions.

We prepare for each stage by reviewing evidence, monitoring court filings, evaluating negotiation options, and preparing for trial when necessary. Local procedures and scheduling can affect when hearings occur and which decisions must be made as the case proceeds.

How We Prepare a Sex Crime Defense

We prepare every case as though it may proceed to trial. Our defense strategy is based on the charged statute, available evidence, constitutional issues, and the specific circumstances surrounding the allegations.

• Immediate Investigation: We act quickly to preserve evidence, identify potential defense witnesses, and secure digital records, including text messages, social media, call records, and surveillance footage, before that information is altered or unavailable.
• Challenging Credibility and Evidence: We analyze the evidence, review the consistency and timing of statements, examine witness accounts, and assess whether competing explanations exist. Defense analysis looks closely at corroboration and what the record does and does not support.
• Motions to Suppress: We scrutinize police procedure for violations of the Fourth and Fifth Amendments. Where statements, searches, seizures, or evidence collection didn’t comply with constitutional requirements, we may file motions to suppress, which can significantly affect the prosecution’s case.
• Sentencing Advocacy: If a case reaches the sentencing stage, we present mitigating evidence about the client’s character and circumstances and advocate for a sentence that reflects the facts and applicable law.

Reach Out to a Savannah Sexual Assault & Sexual Battery Lawyer

When you contact us, a criminal defense attorney can explain the charges, identify immediate concerns, and discuss the next steps in the legal process.

Our team knows the Chatham County courts and is familiar with Savannah law enforcement procedures. We monitor changes to Georgia law and guide clients through investigations, hearings, negotiations, and trial preparation. Throughout the case, we provide attentive communication and develop the defense around the client’s circumstances.

Contact us online or call (912) 417-5008 to discuss your case with our Savannah sexual assault and battery attorneys.

FAQs

What Are Common Defenses for a Sexual Assault Charge in Savannah?

Defenses depend on the charged statute, the evidence, witness accounts, digital records, police conduct, and the specific facts of the case. A defense may involve challenging the evidence, examining inconsistencies in the timeline or statements, questioning whether the statutory elements are supported, or asserting that constitutional rights were violated during the investigation.

Does a Sexual Assault Arrest Mean Automatic Registration as a Sex Offender in Georgia?

No, an arrest doesn’t automatically require sex offender registration. Registration depends on the specific offense, any conviction or adjudication, the final court resolution, and the applicable requirements under Georgia law.

How Long Does the Sexual Assault Legal Process Usually Take in Chatham County?

There is no universal timeline. The length of a case depends on the court schedule, the complexity of the evidence, pretrial motions, negotiations, and whether the case proceeds to trial.

Speak with a Savannah Sexual Assault Defense Attorney Today

If you or someone you know is under investigation, has been arrested, or has been charged with sexual assault or sexual battery in Savannah, contact us before making substantive statements to law enforcement or discussing the allegations with anyone else. A consultation with our team can address the charge, immediate decisions, evidence preservation, and the next procedural step in your case.

Since 1996, we’ve represented clients in serious criminal cases at both the state and federal levels. Our attorneys have handled thousands of cases, prepare each one as though it may go to trial, and develop defense strategies based on the specific facts involved. We’re available 24/7 because charges and investigations don’t wait for business hours.

Call us at (912) 417-5008 to speak with a sexual assault lawyer in Savannah today.