FAQ
Criminal defense attorney Munich

What does a suspended sentence mean in sexual offenses law?

Courts can suspend a prison sentence of up to two years on probation. Judges determine the probation period, which can range from two to five years. In sexual offenses, there is a realistic chance that the court will suspend the prison sentence for many minor offenses, such as sexual assault.

Convicted individuals should not commit any crimes during the specified period, and this applies not only to sexual offenses. Otherwise, they face the imposition of a prison sentence. Judges decide this on a case-by-case basis. Alternatively, they can impose additional probation conditions for further offenses.

Those affected should meticulously observe the probation conditions of the original order, as well as any subsequent conditions. Violations can also lead to the revocation of probation. Typical conditions include the payment of compensation for pain and suffering and participation in therapy.

If a prison sentence cannot be avoided, our law firm will work towards a suspension of the sentence. This allows defendants to continue their lives largely normally.

What penalties apply in sexual offenses?

The relevant offenses in sexual offenses can be found in the Criminal Code; the legislature has listed the individual points in the section “Offenses Against Sexual Self-Determination.” In general, sexual offenses provide for high penalties for such offenses compared to other offenses. The specific penalties vary, and there is a wide range of offenses. These include sexual coercion, rape, and possession of child pornography.

For sexual acts, the penalty is based, among other things, on the type of offense and its execution. Sexual acts vary. Sexual coercion requires that the perpetrator uses violence, verbally threatens, or exploits the situation of a defenseless person. The prison sentence is at least one year, whereas sexual assault is at least six months. In particularly serious cases, the prison sentence is not less than two years. A particularly serious case requires, in particular, the consummation of sexual intercourse, i.e., the crime of rape.

There are further gradations. Anyone who commits the crime while carrying a weapon faces a prison sentence of at least three years. If the perpetrator uses a weapon, sexual offense law stipulates a minimum sentence of five years. These provisions are contained in Section 177 of the Criminal Code. If the victim dies as a result of the crime, Section 178 applies: the judge must impose a prison sentence of at least ten years or life imprisonment.

Sexual offense law includes special sections for particularly vulnerable victim groups. Examples include sexual abuse of children, sexual abuse of persons under one’s care, and sexual abuse involving the exploitation of an official position. For sexual abuse of a child, the penalty ranges from six months to ten years’ imprisonment. The high upper limit is worth noting: This offense can lead to a long prison sentence.

Feigned Rape – When is it advisable to consult a lawyer?

As soon as you learn of an accusation of rape, you should contact our law firm. Given the seriousness of the accusation and the complexity of the investigation, prompt legal action is essential.

Feigned rape is not uncommon in sexual offense law, but the circumstances vary. They occur, for example, in broken relationships or in the wake of a breakup. Such cases have also occurred in the workplace, some of them receiving spectacular media coverage.

The fundamental problem with rape cases is that there are usually no witnesses. It’s one person’s word against another’s. Therefore, much depends on the credibility of the statements. Evidence is usually nonexistent. This shouldn’t reassure the accused. Judges convict defendants if they believe the alleged victim’s testimony.

For those affected, this means they urgently need a specialized and experienced attorney in sexual offense law. Examining and challenging the statements requires a high level of expertise. My job, for example, is to identify contradictions in the alleged victim’s statements. Psychological evaluations can also undermine credibility. I also focus on the specific description of the crime. In some cases, these descriptions are incomprehensible: It is unlikely or impossible that the crime occurred in this way.

The sooner I can address all these aspects, the greater the chances of a successful defense. You should contact me immediately if the alleged victim threatens to file criminal charges.

Why consult a lawyer as soon as possible?

For all offenses in the area of ​​sexual offenses, it is advisable that you contact an experienced lawyer as soon as possible. This is especially true if you are already facing police action, such as a house search. You should also contact a lawyer immediately as soon as you suspect an investigation is underway. For example, if someone accuses you of rape and threatens to file criminal charges, you should also consult a lawyer.

Thanks to this early contact, I can comprehensively prepare you for dealing with the authorities. Many accused testify without legal assistance because police officers take them by surprise. This often proves to be a fatal mistake. Prosecutors often use seemingly unproblematic statements against the accused. Together, we will discuss the most appropriate course of action given the evidence and circumstantial evidence. Options range from remaining silent to giving a detailed statement.

As soon as you contact me, I can request the existing investigation file from the relevant authority. This will give us insight into the specific allegation and the status of the investigation. On this basis, we can develop a sound defense strategy.

This includes the objective, which depends on the circumstances. The objective may, for example, be the dismissal of the case. In other cases, we work towards an acquittal in court or a lesser sentence.

Quick contact with the law firm also enables us to take targeted action against police measures such as a house search or an arrest.

What services does a lawyer provide during the investigation?

During the investigation before a main hearing, we support you in three ways: First, our criminal defense attorneys provide comprehensive advice. Second, they develop a sound defense strategy with you. Third, we initiate concrete steps for you.

Comprehensive and early consultation is highly recommended. In the initial consultation, we will explain, for example, the correct behavior towards the authorities. Therefore, you should only comment on the charges after consulting with me. It may also prove better to refuse to testify. To do so, we analyze the situation. First, we request the investigation file and examine the evidence and circumstantial evidence. Second, we listen to your account.

During the investigation, we can take various measures against the authorities. For example, we can object to the seizure of property during house searches, and we can refuse to appear at a voluntary police summons on your behalf. In more serious cases, such as an alleged rape, the accused may also face pre-trial detention. We will also take action against this.

Our strategy is to avoid a main hearing. This spares our clients the public eye. There are various options for this. One option is to accept a penal order. A penal order represents a non-public conviction without a main hearing. Dismissal of the proceedings, possibly subject to conditions, is also possible.

How does a main hearing work?

Our goal in sexual offense law is usually to avoid a main hearing. Even these sensitive offenses are generally tried in public, which places a heavy burden on the accused. Public accompaniment can ruin their reputation. This applies even if the judge acquits them.

In serious crimes such as rape, however, a trial often cannot be avoided. An exception exists if the alleged victim makes strong contradictions beforehand. In such cases, prosecutors can discontinue the proceedings, or alternatively, the court can prevent a trial. In such circumstances, we work to achieve this with written submissions.

If a trial takes place, strict formalities follow. Proceedings begin with establishing the defendant’s personal details and reading the indictment. The judge also informs the defendant of his right to remain silent. We discuss in advance whether our clients should exercise this right. In some cases, consistent silence is recommended; in others, a comprehensive statement proves wiser.

During the course of the trial, the alleged victim will testify, provided there is a specific victim. This point is omitted in trials involving the possession and distribution of child pornography, among others. In addition, various witnesses appear in court. The taking of evidence includes the evaluation of evidence such as DNA traces. Psychological experts often play an important role in sexual offenses.

Defense attorneys intervene with procedural motions and substantive contributions in favor of their client. They also call witnesses for the defense and arrange expert witnesses. They critically question prosecution witnesses, and the same applies to incriminating evidence.

What are the costs for legal representation?

The costs for legal representation in criminal proceedings cannot be stated in general terms. First, it depends on the specific agreement between the client and the lawyer. The Lawyers’ Remuneration Act can serve as a basis; the fee schedule provides a fee range for each different activity. Within this range, the lawyer can set a rate. Furthermore, both parties can agree on a fee above the statutory maximum.

Secondly, the costs depend heavily on the extent of the legal work. For example, it plays a significant role whether the public prosecutor’s office dismisses the case or whether a main hearing takes place. In a main hearing, one of the factors to consider is how many days the trial lasts.

If a court convicts a defendant, the judges charge additional fees for court costs. If the defendant is acquitted, these costs are not incurred. Even better: If the judge acquits the defendant, the state treasury covers the defense costs. However, these fees are based on the statutory attorney’s fees; if the fee is higher, the acquitted defendant must bear the additional costs themselves.

Legal aid is not available in criminal law; the state only pays this in civil law. Contrary to a common misconception, the appointment of a public defender for those subsequently convicted is not free. The state treasury initially covers the compensation but demands it back from the convicted person. In the event of an acquittal, the state waives this claim.

In general, in sensitive sexual offense proceedings, a defense attorney with expertise and experience in this area is recommended. No defendant should rely on a public defender without in-depth knowledge.