Fairfax, VA Sexual Assault Defense Lawyer

Trusted Defense Attorney for Sexual Assault Charges in Fairfax

Accusations of sexual assault can be frightening to face in a court of criminal law. Getting arrested and charged with this offense can feel like the world is collapsing around you, but you should know that you have options to protect your rights. Consider working with a Fairfax, Virginia sexual assault defense attorney who can stand up for you in court.

At Bret Lee Legal Solutions, we know how intimidating it can be to go up against allegations of serious sex crimes like rape and sexual battery. When you work with our firm, you can rest assured that your case will be reviewed in close detail by our seasoned criminal defense lawyer. Attorney Bret Lee has over 15 years of experience, having defended numerous clients in misdemeanor and felony cases.

What Is Sexual Battery?

In Virginia, sexual battery is a criminal offense involving sexual abuse under certain prohibited circumstances, such as against another person's will by force, threat, intimidation, or ruse. Virginia law defines "sexual abuse" broadly enough to cover intentional touching of intimate parts, or forcing a person to touch intimate parts, when done with the required sexual intent.

Sexual battery is generally prosecuted as a Class 1 misdemeanor, which means a conviction can carry up to a year of jail time, a fine of up to $2,500, and a permanent criminal record.

That said, not every allegation is as clear as it may sound in an arrest warrant or police report. These cases often turn on disputed facts, conflicting statements, questions about what actually happened, whether the contact was intentional, and whether the prosecution can prove the required elements beyond a reasonable doubt.

How Is Rape Prosecuted in Virginia?

Virginia defines rape as sexual intercourse with a complaining witness through force, threat, or intimidation. The definition also includes intercourse with someone who cannot consent due to physical helplessness or mental incapacity, or intercourse with a victim under the age of 13.

Rape is treated as one of the most serious violent felonies in Virginia. In general, a conviction carries a sentence of at least five years and up to life in prison. In some circumstances, the law imposes even harsher mandatory minimum penalties, especially when the complaining witness is a child under a certain age. That is one reason these charges demand immediate and careful attention from the moment a person learns he is under investigation or has been arrested.

These cases are often built around interviews, forensic evidence, digital communications, and witness testimony. Prosecutors may also rely on statements made by the accused during police questioning. With that in mind, the early stages of a case can matter greatly.

How to Respond to Allegations of Criminal Sexual Assault in Fairfax

If you are accused of criminal sexual assault in Fairfax, one of the most important things you can do is avoid contact with the accuser. Do not try to explain yourself, do not argue, and do not attempt to "clear things up" through calls, texts, social media, or third parties. Even messages that seem harmless may later be used against you or portrayed in the worst possible light.

You should also exercise your right to remain silent. Statements made during an investigation can become central evidence, even if the police initially approach you in a non-confrontational or personable manner. A person under investigation for sexual battery, rape, or another sexual offense should take the situation seriously from the start and avoid answering questions without legal counsel present.

Meet With a Fairfax, Virginia Sexual Assault Defense Attorney

At Bret Lee Legal Solutions, we grasp the seriousness of a sexual assault charge. Call 703-936-0580 or contact our Fairfax, VA sexual assault defense lawyer to set up a free consultation today.