Asheville Sex Crime Defense Attorney

Sex Crime Defense Lawyer in Asheville, NC

At Edwards Law, PLLC, our Asheville sex crime lawyers offer experience when it matters most. If you have been accused of a sex crime, contact an Asheville sex crime attorney immediately. We will begin focusing on facts rather than allegations and will develop strategic and effective defense strategies.

Doug Edwards is a board-certified specialist in criminal law and a former prosecutor with over a decade of experience in Western North Carolina. Doug has handled some of the most complex and high-profile cases over the years. We understand that when someone is charged with a sex crime, their livelihoods, reputation, and freedom are at stake.

In North Carolina, the court system aggressively prosecutes sex-related offenses, and some politically influential organizations apply significant pressure on prosecutors and the courts to seek maximum punishments for those offenders who are convicted.

That is why we are here. We give your sex crime case the attention it deserves by reviewing the facts and evidence and developing a strategic defense to get a positive outcome.

For a free consultation with an experienced Asheville criminal defense attorney, call us at (828) 445-1719 today.

Understanding the Role of a Criminal Defense Lawyer in Pornography Cases

Hiring a sex crimes defense lawyer to address any allegations of illegal pornography, especially child pornography, is one of the most important decisions you will make to defend your interests. Defense lawyers who represent the niche of sex crime defense are well-versed on how to handle the specifics of these cases, like their sensitive nature and the severity of punishment.

For example, in cases of sexual exploitation, an attorney will need to craft a solid defense that shows no vulnerabilities that a prosecutor will pick up on. This will require a comprehensive look into digital forensic evidence, the context of the material in question, and what the intent was behind an individual’s act of possession or distribution. These cases can sometimes bleed into privacy rights and the legality of law enforcement intervention to support a defendant.

Defending yourself against child pornography charges is a little different than tackling other sex crime cases. Potential defense strategies your lawyer might employ could include:

• Claiming entrapment: If the police induced you to commit a crime that you wouldn’t have had you not been persuaded to do so, that’s entrapment, and it’s illegal. Any evidence associated with the entrapment can be excluded from your trial, often leading to dismissed charges.
• Possession by accident: The internet is complicated, and it’s not unheard of for people to wind up in possession of files or media without realizing it. If you came into possession of child pornography as a result of spam, viruses, malware, or a hacker, that’s a valid defense against the charges.
• Not child porn: In some cases, the evidence against you itself can be used in your defense. If you can prove that the people in the images are over the age of 18, then the material isn’t considered child pornography, and the charges could be dropped.
• Someone else’s files: Similar to accidental possession, you could claim that the files on your computer were put there and used by another person. Your lawyer can attempt to prove this by showing who the pornographic images actually belonged to.
• Illegal search and seizure: If the police made procedural errors or violated your rights during their investigation, any evidence procured as a result can be deemed inadmissible, leaving the prosecution without a way to prove your guilt.

Navigating Child Abuse and Sexual Activity Allegations

Facing allegations of child abuse or illegal sexual activity can be extremely distressing. Consulting with a sex crime defense attorney can help alleviate the initial stress and anxiety that prevents a defendant from focusing on their case and piecing together their own account of what happened.

The most advantageous reason for hiring these legal professionals is to assess their understanding of both the state and federal laws that will be used to dictate the outcome of your case. This understanding will guide their ability to analyze the charges and evidence used against you in connection with any alleged sex crime. To do this, they may work with other industry professionals, like a psychologist, examine the background of their client, and also look into the likelihood of a false accusation.

For example, all of this analysis may lead them to challenge the specific methods used by authorities to gather the evidence. If they can prove that a constitutional right has been violated, it could immediately dismiss the use of their most compelling evidence. This has the power to significantly reduce or even dismiss the charges against their client.

Get a Free Case Evaluation with a Sex Crime Lawyer!

What Are Examples of Sex Crimes in North Carolina?

Sex-related crimes are serious and carry significant potential punishments. If you are under investigation or believe you may be under investigation, you should contact us immediately to begin putting into place protections for you and your case. This can be a stressful and intimidating situation. The consequences of simply being accused of a sex offense can affect your mental well-being and your reputation in the community.

Some common sex offense charges include:

• Sexual assault
• Child pornography
• Indecent exposure
• Indecent liberties with a child
• Date rape
• Forcible rape
• Statutory rape
• Sexual battery

What Are Common Defenses to Sex Crimes?

Being in a situation where you are charged with a sex crime means the defense has to be strong. If you are under investigation for a sex crime or have been charged with a sex offense, it is important to contact an experienced sex crime lawyer immediately.

We will have a free initial consultation and confidentially discuss the case against you. From the initial consultation forward, Doug Edwards will work with you to begin putting together a team of professionals to provide a strong defense.

Common Defenses to Sex Crimes in North Carolina vary depending on the charge. However, some common defenses are:

• Consent: In some cases, alleged victims of rape or sexual assault actually consented to the acts. If you can prove that this is the case, it is a valid defense against sex crime charges.
• DNA or lack of DNA evidence: Don’t assume that DNA evidence automatically means a conviction. Your lawyer can track the chain of custody on any DNA evidence, look for any errors in the lab, and find other ways to question the validity of this and other forms of forensic evidence.
• Alibi: If you can prove that you were elsewhere using witness statements, receipts, photos, or video recordings, you couldn’t have committed the sex crime.
• That it did not happen: It’s rare, but people sometimes make false allegations in an attempt at revenge or, more frequently, as a means of manipulating the results of contentious child custody hearings. If this is the case, your lawyer will focus on proving that the alleged rape or sexual assault did not take place.
• Misidentification: In some cases, when a sexual assault or rape occurs, the victim misidentifies the attacker. Your lawyer will focus on showing that you could not have been the person who committed the attack or that there is a more likely suspect.
• Insufficient evidence: If the police or prosecution mishandled any aspect of your case, your lawyer may be able to get any evidence that resulted from illegal searches and other means excluded from the trial, leaving the prosecution without sufficient evidence to convict.

Doug Edwards reviews every allegation and statement made for discrepancies and inconsistencies. He will personally work directly with you to develop the most viable defense to the charges against you.

Rape vs. Sexual Offense

In North Carolina, there is a noteworthy difference between committing forcible rape and other sexual offenses. First-degree forcible rape is defined in N.C.G.S. 14-27.21 as having vaginal intercourse with another person against their will using force. To be considered first-degree forcible rape, the alleged perpetrator must perform one of the following acts:

• Use, threaten to use, or display a potentially dangerous or deadly weapon
• Inflict serious personal harm on the alleged victim
• Be aided and abetted by one or more other people

First-degree forcible rape is a Class B1 felony. A first-degree forcible sexual offense is a separate offense. It is defined in N.C.G.S. 14-27.26 as a sexual act engaged in by force against another person’s will. To be considered a first-degree forcible sexual offense, the crime must involve one or more of these aggravating factors:

• Use, display, or threat of use of a potentially dangerous or deadly weapon
• Infliction of serious personal injury
• Being aided and abetted by one or more other people

Forcible sexual offense is a Class B1 felony. It’s also relevant to note that there are second-degree rape charges, as well. These charges occur when the aggravating factors described above are absent. They typically involve sex or a sexual act with a person who is incapacitated, has a mental disability, or has failed to offer or has revoked consent. Second-degree rape can involve any sexual act or contact.

What to Do When Facing Police Investigations for Sex Crimes

Being involved in a police investigation for sex crimes can be extremely stressful and intimidating. Because the stakes are so high and the implications can change the trajectory of your life, you want to make sure you behave in a way that will protect your interests and not allow anyone to take advantage of your rights.

If you find yourself as the subject of a sex crime investigation, you want to exercise your right to remain silent. As an American citizen, you have the constitutional right against self-incrimination, which allows you to not say anything to law enforcement officers. If you do choose to share certain pieces of information or opinions with them, it’s important to know that all those words could be used as evidence in court down the road.

This is why it’s always advised to have your lawyer present when speaking about your case to others. It’s important to secure an attorney who is not a generalist but rather has a strong command of defending against sex crimes. This sees that all the unique factors of these cases, like psychological evaluations or forensic evidence, are not overlooked.

Aside from not speaking to other attorneys or cops about your situation, you also want to keep a low profile and avoid discussing the case informally with others. A prosecutor can subpoena an individual they know you spoke with and put them on the stand in court to share the details of the conversation. The same rule applies to social media posts, as these are often in public forums where a prosecutor can take screenshots and use the evidence as part of their case.

What Should I Do If I Have Been Accused of A Sex Crime?

If you have been arrested for a sex crime, the first step is to make sure you are speaking to a legal professional. At Edwards Law, PLLC, we recommend hiring an Asheville sex crime defense attorney as soon as you have been arrested, as that will allow us to be there with you from the beginning.

Do not speak to investigators without the assistance of an experienced sex crimes lawyer. It is important to meet with an attorney prior to speaking with law enforcement officers about the allegations against you. The decision to talk to investigators and answer their questions should be made in consultation with an Asheville sex crimes lawyer.

Doug Edwards spent over a decade as a prosecutor and has developed relationships with law enforcement across Western North Carolina. There are circumstances where speaking with law enforcement may be helpful. However, in every situation, you should consult with an attorney prior to speaking with the police.

How Sex Crime Investigations Usually Unfold in Asheville

Every case is a little different, and there’s no way to predict the outcome of yours. However, there are some steps you can expect to go through, no matter the specifics of your case.

The investigation will start when a detective reaches out to you after an alleged victim or a witness files a report or complaint. You may receive a request to conduct a voluntary interview. You should note that you have the right to avoid incriminating yourself. It may seem like conducting a voluntary interview is a good way to reinforce the appearance of innocence, but you could accidentally say something that negatively affects your case. It’s better to refuse.

If the police find reason to believe that you committed the crime in question, they can request search warrants for your phone, computer, and cloud accounts or your physical surroundings, including your home. Don’t try to refuse the police access or destroy evidence.

For sexual assault cases, you can expect a Sexual Assault Nurse Examiner (SANE) exam to occur. This specialized forensic exam will be performed on the alleged victim to document injuries, collect forensic evidence, and provide trauma-informed care. For allegations involving children, forensic interviews will be conducted, and DSS involvement may be required if the allegations involve a family member.

If the police find enough evidence during their investigation, they will detain you. In most cases, the police will find you at home, work, or in public and arrest you. However, in some cases, you may receive a summons instead. If you receive a summons, contact a lawyer immediately and make sure you go to the court date. Either way, you’ll be able to attend a first appearance where bond conditions will be set and no-contact orders will be placed.

What to Expect During a Sex Crime Trial in Asheville

If charges are filed, the legal process moves fairly quickly. The prosecution builds its case using evidence collected by the police during their investigation. You and your lawyer must be prepared to challenge their claims and defend your rights. In Western NC, 5.2% of all the cases filed with the U.S. Sentencing Commission involved sexual abuse in 2024. Another 3.3% involved child pornography. Your charges could be different.

For felony charges, the pretrial hearing will most likely take place at the Buncombe County Superior Court located at 60 Court Plaza in Asheville. During the arraignment, you’ll enter a plea, and the judge will decide whether to set bail. This hearing also allows the prosecution to present initial evidence, giving your lawyer the chance to start identifying potential weaknesses in its case.

If there is evidence against you that was obtained improperly, your lawyer may file a pre-trial motion to exclude it. Your case could even be dismissed before trial if your lawyer is able to have crucial evidence excluded.

During the trial itself, the prosecution and your lawyer will give opening statements and present evidence that supports their versions of how the events unfolded. Both sides can present evidence, interview witnesses, and bring in expert witnesses if relevant to provide support. When they are finished presenting evidence, they will each make a closing statement.

The judge will issue charges to the jury, which will deliberate over the evidence and render a verdict. The verdict must be unanimous. If the jury is hung, or non-unanimous, it could be grounds for a mistrial.

Should you receive a guilty verdict or decide to plead guilty at any point during the legal proceedings, you’ll move on to the sentencing phase. During this final stage, the judge will review evidence and witness testimony and make a decision as to how you will be punished.

Potential Punishments for Sex Crimes in North Carolina

Sex crimes in North Carolina carry some of the harshest penalties allowed by law. Depending on the charge and your prior criminal record, you could face up to life in prison without parole.

Most sex crimes carry significant periods of incarceration or time spent in prison. Additional punishment may include payment of restitution to the victim, mandatory sex offender-specific rehabilitation, large fines, and a term on the sex offender registry.

Sex crimes in North Carolina carry some of the harshest penalties allowed by law. Depending on the charge and your prior criminal record, you could face up to life in prison without parole.

Most sex crimes carry significant periods of incarceration or time spent in prison. Additional punishment may include payment of restitution to the victim, mandatory sex offender-specific rehabilitation, large fines, and a term on the sex offender registry.

The Lasting Impact of a Conviction

While the immediate threat of jail time is the primary concern for many facing domestic violence or sexual misconduct charges, there are collateral consequences that can be just as devastating. These are the secondary legal and social penalties that remain long after a person serves their sentence. In North Carolina, a conviction for a sex-related or domestic offense creates a permanent barrier to a normal life.

Mandatory Supervision and Digital Restrictions

For many offenses, getting released from custody is just the beginning. Defendants may face mandatory post-release supervision, which often entails satellite-based monitoring like GPS ankle bracelets.

Beyond physical tracking, the court may impose strict internet restrictions. This may include limiting your ability to use social media, communicate with others, or even perform basic tasks needed for modern employment.

Career-Ending Licensing Issues

A conviction can act as an immediate disqualifier for professional licenses.  In Asheville and across the state, boards for nursing, medicine, teaching, and real estate often include good moral character requirements. Even just one accusation can trigger an administrative review, while a conviction usually results in the permanent revocation of your license, ending a career you spent years building.

Housing and Social Stigma

Background checks are standard for most rental agreements, so a criminal record can lead to immediate housing denials or evictions. Furthermore, the social stigma associated with these charges can be instantaneous.

In a tight-knit community like Buncombe County, your reputation can be tarnished by an arrest record before a single piece of evidence is presented in court. Such a trial by public opinion can even lead to the loss of family support and social isolation.

FAQs

Is There a Statute of Limitations on Sex Crimes in NC?

There is no statute of limitations for many serious sex crimes in Asheville, North Carolina. This is designed to protect those who may take a while to feel comfortable pressing charges against their alleged perpetrator after having time to process what happened. To check that a statute of limitations has not expired, a defense attorney can look into the case and see which statute it may apply to.

What Is a Tier 1 Sex Offender in NC?

A Tier 1 sex offender in North Carolina is the lowest risk level among all sex offenders. This is often someone who has committed nonviolent sex crimes or other incidents that did not involve minors. Anyone found guilty of a Tier 1 sex offense must register as a local sex offender and remain in public records for at least 15 years.

What Is the Romeo and Juliet Law in North Carolina?

The “Romeo and Juliet” law in North Carolina prevents the prosecution of any underage couples who engage in consensual sexual activity. The rule states that it is legal for any minor from age 13 to 15 to have consensual sex with another partner who is no more than four years older than them. This law was designed not to criminalize teenage relationships.

Why Should I Hire Edwards Law, PLLC?

If you have been charged with a sex crime or are under investigation, you should immediately seek our legal counsel. Doug Edwards has over a decade of experience in criminal law. He has served as a prosecutor and as the Chief Assistant District Attorney for Asheville, North Carolina. Doug’s experience in the criminal justice system is unparalleled. He has tried over 100 cases to a jury verdict, ranging from misdemeanors to first-degree murder.

Hire a Sex Crime Attorney

If you need to hire a sex crime attorney, know that Edwards Law, PLLC, is uniquely prepared to defend your case. Doug Edwards defends individuals accused of committing sex offenses in North Carolina. He understands the criminal process from investigation to disposition and can work tirelessly to protect you and your rights.

Doug Edwards reviews your case, looking for weaknesses in the government’s case. Then, he can assemble a team of professionals to help you reach an ideal outcome.

Due to his vast experience in the criminal justice system, Doug is uniquely positioned to negotiate outcomes or competently try your case to a jury verdict. He aggressively defends his clients and helps them navigate the court process.

We understand the severity of the charges against you and are prepared to develop a strong, personalized defense to reach an optimal outcome in each case. If you have been charged or you are under investigation for a sex offense, contact us today at (828) 445-1719 for a free consultation with an Asheville sex crime attorney.

Edwards Law, PLLC – Asheville, NC Office

38 Arlington St, Asheville,
NC 28801, United States

Client Testimonials

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“Super grateful for Attorney Edwards and Sherry. They were super responsive to all the questions I had. Never once did I feel like I was not being heard. Can’t thank them enough for all their support and hard work on my father’s case. They were able to get them to dismiss his charges. Definitely someone you can count on! Thank you again! ☺️”

— Sherlyn Gonzalez

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“Incredible law firm experience. Managed to help me with a case that another law firm failed to do in over two years – they finished it instantly and perfectly within two months. Can’t recommend more highly – they were by far the most affordable, responsive, and competent law firm of all the ones I researched. Thank you so much for all the help!”

— Ben Yu

We encourage you to read our Google Reviews and third-party ratings. Our strong reputation reflects our commitment to personalized service and real results for every client.

Asheville, NC Sex Crime Defense Resources

• College Sexual Assault Defense in North Carolina: What Students Need to Know
• North Carolina Statutory Rape Laws: Ages, Penalties & Romeo and Juliet Law

Asheville, NC Sex Crime Defense Legal Resources

If you or a loved one has been charged with a sex crime charge in Asheville or Buncombe County, NC, the following local and state resources can help you understand your rights and the legal process that applies in Asheville’s courts.

• Buncombe County Courthouse – Asheville, NC
• Buncombe County Sheriff’s Office
• NC Sex Offender Registration – N.C. Gen. Stat. § 14-208.5