Atlanta Child Molestation Attorney

Child molestation cases are unlike any other criminal cases in that the key witness is often a child. There is rarely an eyewitness or any physical evidence to either prove or disprove the allegations. If you have been accused of child molestation, your future hangs in the balance. For a first offense, you are facing five to 25 years in prison. Contact Wallack Law in Atlanta today for the aggressive criminal defense you need.

Why Choose Wallack Law?

• We have extensive knowledge and experience in the field of criminal defense. Sandy Wallack has been practicing in the Atlanta metro area for two and a half decades.
• We are honest and frank in our counseling, we provide personalized attention to our clients, and we take an innovative approach to every case we handle.
• Our founding attorney chose to be a criminal defense lawyer because he is passionate about protecting our constitutional rights and fighting for individuals who have been charged with a crime.

What Is Child Molestation?

In Georgia, a person commits the offense of child molestation when he or she either:

• Commits an immoral or indecent act in the presence of or with a child under the age of 16 with the intent to arouse or satisfy the sexual desires of the child or of the accused; or
• Uses means of an electronic device to transmit images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 with the intent to arouse or satisfy the sexual desires of either the child or the accused.

What Are the Penalties for Child Molestation?

A person convicted of child molestation in Georgia is guilty of a felony. For a first conviction, penalties include five to 25 years in prison. For a second or subsequent conviction, penalties increase to a prison term of 10 to 30 years or life. Child molestation also carries the requirement to register as a sex offender.

What Are the Defenses to Child Molestation?

Defenses to child molestation charges will depend on the circumstances in your particular case. Some possible defenses include:

• Falsely reported crime: There are many cases in which a child or supervising adult may have motive to falsely report a crime of child molestation, such as parties involved in a bitter divorce and custody battle.
• Touching was not inappropriate: Parents may touch the genitals of a child without inappropriate intentions, for example, when changing a diaper or clothing or checking temperature.
• Mistaken age: If the victim is found to be more than 16 years of age, the crime is not child molestation. However, the defendant may be charged with a different crime.

What Can Not Be Used As a Defense

• The victim consented: If the victim is younger than 16 years, he or she cannot consent to acts that constitute child molestation.
• There was no penetration: Penetration is not required for child molestation to occur.
• The defendant believed the victim was old enough to consent: The fact that the victim is underage is sufficient for conviction of child molestation.

Get In Touch with Our Firm

If you have been accused of child molestation, you are facing serious charges with heavy penalties, including a lengthy prison term and registration as a sex offender. Call Wallack Law ‘s Criminal defense attorneys in Atlanta as soon as possible for experienced criminal defense.