Being accused of a sexual crime can be devastating for you and your loved ones. The legal process can be just as daunting. When your freedom is on the line, real courtroom experience matters.
Defending Sexual Offenses with Tenacity and Discretion
No arrest is more frightening or embarrassing than one for child molestation, pornography, or any sexual offense. Just like Law & Order SVU - most metro area counties such as Cobb, Cherokee, and Fulton have special investigators and prosecutors dedicated to prosecuting only sex crimes against women and children. Because these investigators and prosecutors are often the most experienced and highly trained, you need seasoned sex crime attorneys when facing a child-related or sexually-based criminal charge.
The criminal penalties for sexual offenses are incredibly harsh, but the public scorn and humiliation can be just as devastating. An arrest for child molestation or child pornography will likely make the news. That’s why our philosophy in challenging any child or sexually related charge is tenacity with discretion. At Kilgore & Rodriguez, not only do we have the experience and skills needed to defend against these serious charges, but we also understand that your privacy and reputation need defending, too.
Seasoned Defense Attorneys with Real Courtroom Experience
With more than three decades of collective experience, Marietta-based sex crime defense attorneys, Maddox Kilgore and Carlos Rodriguez have an excellent track record in handling post-conviction matters. We know how prosecutors prepare sexual offense cases – including rape, sexual assault, child pornography, and child prostitution – and how to counter them in court.
The deck is often stacked against suspects in sexual offense cases. Law enforcement officials may be predisposed to assume guilt, and only be concerned with discovering and securing evidence that points in that direction. Courts, influenced by strong public opinion, often levy harsh sentences to people convicted of sexual crimes.
We have the expertise and resources to develop successful defense strategies in Georgia sexual offense cases, including skilled jury consultants and compelling expert witnesses. Timely independent investigation is essential to level the playing field for defendants. Neighborhoods should be canvassed to discover any witness testimony that may be beneficial to you. We interview witnesses independently of the official police investigation to gather exculpatory evidence that law enforcement may have overlooked or chosen not to pursue.
Jurors make decisions based on the evidence presented at trial. The discovery process determines what evidence they see and how it is framed, often making the difference between a verdict of guilt or innocence. As established criminal defense attorneys in Cobb County, Kilgore and Rodriguez make extensive use of pretrial discovery motions to gain access to information that prosecutors may not have been legally required to share with the defense, such as privileged information about an accuser’s past. We also file motions to suppress illegally seized evidence – obtained as a result of an illegal search, illegal detention, or illegal interrogation – which can be critical in sexual offense cases.
Understanding Georgia Sex Crime Law
Conviction of a sexual offense in Georgia can bring a lifetime of devastating consequences; extended imprisonment, large fines and mandatory registration as a sex offender. Sex crime convictions are typically punished with some of the harshest sentences possible, and individuals registered as sex offenders face extreme limitations on their activities and places they may live, travel, or work.
In Georgia, a person cannot consent to any act of sexual intimacy until his or her sixteenth birthday. That means ANY SEXUAL CONTACT with a child who has not yet turned sixteen (16) is a crime.
Child Molestation is any immoral or indecent act to or in the presence of or with any child under the age 16 with the intent to arouse or satisfy the sexual desires of the person or the child. OCGA § 16-6-4 (a). Mandatory sentencing requires five (5) to twenty (20) years in prison....AND registration as a sex-offender. Note: Ignorance of the child’s true age is not a defense...even if child lies about her age. Any accused person should hire an experienced sex crime defense attorney.
Aggravated Child Molestation is any act of child molestation which physically injures the child or involves an act of sodomy (oral or anal sex). OCGA § 16-6-4 (c). Mandatory sentencing requires Georgia judges to impose a minimum sentence of twenty-five (25) years in prison...up to life in prison... AND registration as a sex-offender. Note: The “injury” necessary to constitute aggravated child molestation can be slight and does not require medical testimony.
Sexual Battery is any intentional physical contact with the intimate parts of another person without their consent. OCGA § 16-6-22.1. Sexual Battery is punishable up to twelve (12) months in jail, unless the victim is a child under sixteen (16), which becomes punishable up to five (5) years in prison... AND registration as a sex-offender. Note: There is no requirement of “force” and even the inner thigh or buttocks can be considered “intimate parts” for purposes of the statute. It is crucial that accused people retain a rape and sexual assault lawyer.
Aggravated Sexual Battery is the intentional penetration of another person’s genitals or anus with a foreign object and without that person’s consent. OCGA § 16-6-22.2. Mandatory sentencing requires Georgia judges to impose a minimum sentence of twenty- five (25) years in prison...up to life in prison... AND registration as a sex-offender. Note: There is no requirement of “force” or “injury” necessary to prove aggravated sexual battery.
Child Pornography is criminalized in Georgia as Sexual Exploitation of Children. OCGA § 16-12-100. Any knowing possession or control of material which depicts a minor, or a portion of a minor’s body, engaged in sexually explicit conduct constitutes Sexual Exploitation, and is punishable from five (5) to twenty (20) years in prison. Note: “Minor” means any person under the age of eighteen (18). Law enforcement officers have sophisticated software programs which monitor file-sharing internet sites. If a person downloads any image of child pornography from such a site, law enforcement officers obtain the ip: address and can then procure a search warrant for the individual’s computer, digital storage devices, or files stored in an off-site file hosting service.
Sexual Offenses Case Results
Father involved in a messy divorce was falsely accused of molesting his daughter by rubbing her privates during bath or potty time. After demanding counseling records, Kilgore & Rodriguez uncovered evidence proving client was not guilty. After 2 years of preparing for trial,
all charges dismissed.
- Fulton County, 2018
SEXUALLY DANGEROUS PREDATOR LEVEL REDUCED
Client on probation for possessing deleted images of child pornography on an old hard drive. The Sex Offender Registration Review Board erroneously classified client as a Sexually Dangerous Predator, which requires lifetime GPS monitoring. Kilgore & Rodriguez worked with a sex-offender expert and challenged credibility of the government doctors. Kilgore & Rodriguez won the trial and client no longer classified a sexually dangerous predator.
- Fulton County, 2018
RETROACTIVE FIRST OFFENDER GRANTED
Retired insurance executive spent years in prison and more than 8 years on probation and parole. K&R asked the court to retroactively grant first offender status and terminate the case. After the hearing, the superior court judge apologized to client for the injustice which occurred and advised it was her honor to grant the requested relief: retroactive first offender granted / case terminated / removal from the sex-offender registry.
- Douglas County, 2018
Arrest Prevented All Together
When a family member falsely accused a prominent Cobb County businessman of rape and child molestation, K&R immediately launched an aggressive investigation into the allegations and convinced the detectives to terminate their investigation. K&R shielded our client from arrest, prosecution, and any media coverage.
- Cobb County, 2017
Teenager falsely accused her father of forcibly raping and molesting her over a period of years. During a comprehensive two-year investigation, K&R established that the allegations were completely untrue and unsupported by any credible evidence. The teenager finally confessed to K&R that her allegations were a lie. Days from the start of trial, client got his life back.
- Cobb County, 2015
What Our Clients Are Saying
It is hard to put into words what impact you had on my life. I know the way we met was as me standing accused of some very serious and heinous crimes that I did not commit and you, as a father, husband, and upstanding member of the community having to put aside any personal feelings on the matter and decide to take my case when many others would not, It means a lot to me that you did that, not knowing if I was guilty or innocent when you first took the case. I am even more happy that you came to believe in my innocence and I like to believe that it had a lot to do with the outcome of my hellish ordeal. I have to tell you that I walked around in a daze of shock and shame for months at the very thought of being charged with those crimes and I even contemplated ending my life at one point, thinking that there is no way anyone would believe me. Partly because of your faith in me and partly because of my will to fight for the truth, I am still here, able to watch my children grow up, become adults and have families of their own and that is why I am writing this correspondence to you today.
Because of the outcome of the trial, one in which we beat significant odds, I have a new lease on life. I decided to go back to school in early 2009, just months after the trial and I am proud to say I am graduating in a week with my Bachelor's of Science in Information Technology. I would not have been motivated to do this if I had not gone through the ordeal I had and if not for you. This degree means more than that as I am the first in my family to earn a college degree. It just goes to show that it is never too late to go back and fix mistakes of the past. My future looks bright and I hope to get more involved in advocacy groups for the wrongfully accused because I want to give back to those in need and help them as you helped me. I no longer hold my head down in shame and I am no longer embarrassed that this happened to me because my GOD was on my side.
As for anyone thinking of using you as their attorney, I would be at the front of the line praising your compassion and your ability to give the best fight on their behalf. I think you are an excellent attorney and an even better human being and I wish you all the best in life. All I can give you now is my most humble thank you."