Defense of Maryland Child Abuse Charges
No crime carries with it a bigger public stigma than sexual abuse of a minor. The presumption of innocence is turned on its head as it relates to public opinion when you are charged with sexually abusing a minor. Why would a child lie? How could an adolescent accuse someone of something so horrific if it wasn’t true? When facing sexual abuse charges in Maryland, you need the toughest of advocates, the most aggressive of lawyers, to get you through the most daunting experience of your life.
The defense of child sexual abuse allegations starts from the onset of an investigation. Sex crimes detectives oftentimes try to lure a suspect in for questioning under the guise of a false opportunity to clear up a “misunderstanding.” Other times, through the use of a phone sting, police try to extract a confession from an accused through subterfuge and coercion. It is vital for anyone facing such a situation to consult with an experienced child sexual abuse defense attorney to avoid falling for such a trap in the desperate hopes of avoiding what is likely inevitable: an arrest warrant for felony child sexual abuse charges.
Once a warrant for child sexual abuse charges has been issued, it is vital that an experienced criminal defense lawyer prepare for one of the most crucial proceedings in the case: the bail hearing which determines whether an accused is released or incarcerated during the pendency of the trial. Judges frequently deny bail for persons accused of child sexual molestation due to a fear that the suspect will re-offend while awaiting trial: nonetheless, a well prepared attorney can make the right arguments in court to convince even a skeptical judge that his client is worthy of being released until he is found guilty of the charges.
Maryland Law defines Child Sexual Abuse as the following:
Article – Criminal Law
§3–602. Sexual abuse of a minor
(a) (1) In this section the following words have the meanings indicated.
(2) “Family member” has the meaning stated in § 3-601 of this subtitle.
(3) “Household member” has the meaning stated in § 3-601 of this subtitle.
(4) (i) “Sexual abuse” means an act that involves sexual molestation or exploitation of a minor, whether physical injuries are sustained or not.
(ii) “Sexual abuse” includes:
1. incest;
2. rape;
3. sexual offense in any degree;
4. sodomy; and
5. unnatural or perverted sexual practices.
(b) (1) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause sexual abuse to the minor.
(2) A household member or family member may not cause sexual abuse to a minor.
(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years.
(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for:
(1) any crime based on the act establishing the violation of this section; or
(2) a violation of § 3-601 of this subtitle involving an act of abuse separate from sexual abuse under this section.
As the trial for a Defendant charged with child sexual abuse progresses, a skilled defense attorney, well versed in Maryland law and procedure, is crucial to gaining every possible advantage. Attorney Esteban Gergely has defended numerous child sexual abuse cases successfully. His expertise and insight into these types of cases has helped him exploit weaknesses in the prosecution, and expose false allegations through his presentation of witnesses and medical experts at trial and evidentiary hearings. Esteban Gergely is a founding partner at KGO and is committed to making sure you get the best possible defense. When considering a life-altering decision such as who to represent you against child sexual abuse allegations, consider hiring a proven winner and tenacious advocate such as Esteban Gergely.