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Indecent Liberties Defense in Cary, NC

When facing indecent liberties charges in Cary, North Carolina, you need a criminal defense attorney who understands the complexities of sex crime law and has a proven track record of protecting clients' rights. If you’re facing such charges in Cary, NC, this page will provide the information you need and the critical first steps you should take to protect your future.

Understanding Indecent Liberties Charges in North Carolina

What does indecent liberties mean?

Under North Carolina General Statute § 14-202.1, indecent liberties with a minor occurs when someone who is at least 16 years old and at least 5 years older than a child takes indecent liberties with that child for the purpose of arousing or gratifying sexual desire. This broad definition encompasses various forms of inappropriate conduct with children under 16 years of age.

The charge of indecent liberties with a minor represents one of the most serious allegations in North Carolina's criminal justice system. Unlike many other offenses, this charge doesn't require physical contact to result in a conviction. Courts have consistently ruled that non-contact behaviors, including exposing oneself to a child, requesting a child to expose themselves, or engaging in sexually explicit conversations, can constitute indecent liberties.

Classifications and Variations of Indecent Liberties Charges

Standard Indecent Liberties with a Minor (N.C.G.S. § 14-202.1)

Classification: Class F felony

Age Requirements: Defendant must be at least 16 and at least 5 years older than the victim

Victim Age: Under 16 years old

Potential Sentence: 10-59 months imprisonment

Aggravated Indecent Liberties with a Child

While North Carolina doesn't have a specific "aggravated indecent liberties with a child" statute, certain circumstances can elevate the severity of charges and penalties:

Multiple victims involved

Use of force or threats

Position of trust or authority over the child

Previous convictions for similar offenses

Indecent Liberties with a Student (N.C.G.S. § 14-202.4)

Classification: Class G felony

Special Circumstances: When committed by a teacher, coach, or school personnel

Victim Age: Student under 18 years old

Additional Consequences: Loss of teaching license and educational employment restrictions

What Do Prosecutors Have to Prove in Cary Indecent Liberties Cases?

For a successful prosecution of indecent liberties charges in Wake County, the state must establish several elements beyond a reasonable doubt:

1. Age Requirements

The defendant was at least 16 years old at the time of the alleged offense

The defendant was at least 5 years older than the alleged victim

The victim was under 16 years of age

2. Sexual Purpose

The conduct was undertaken for the purpose of arousing or gratifying sexual desire

This element often becomes the focus of defense strategies, as innocent interactions can be mischaracterized

3. Intentional Conduct

The defendant's actions were willful and intentional, not accidental

Prosecutors must demonstrate that the defendant knowingly engaged in the prohibited behavior

What Are Common Misconceptions About Indecent Liberties Charges?

Many individuals facing these charges harbor dangerous misconceptions that can impact their defense strategy:

Mistake of Age Is Not a Defense

North Carolina law does not recognize "mistake of age" as a valid defense to indecent liberties charges. Even if you genuinely believed the minor was over 16, this belief cannot excuse the alleged conduct under current statutes.

Consent Is Irrelevant

The law recognizes that minors under 16 cannot legally consent to sexual conduct with adults. Any perceived willingness or cooperation from the minor does not constitute a defense to indecent liberties charges.

Physical Contact Is Not Required

Many people assume that indecent liberties charges require physical touching. However, North Carolina courts have consistently held that non-contact sexual behaviors, including verbal communications, exposure, or creating situations where children witness sexual activity, can support convictions.

Immediate Actions to Take When Facing Indecent Liberties Accusations in Cary

If you're under investigation or have been charged with indecent liberties in Cary or anywhere in Wake County, taking immediate protective steps is crucial:

Exercise Your Right to Remain Silent

Do not speak to law enforcement without an attorney present

Avoid discussing the case with family, friends, or anyone else

Remember that anything you say can be used against you in court

Contact a Criminal Defense Attorney Immediately

Early legal intervention can significantly impact case outcomes

An attorney can protect your rights during police questioning

Legal counsel can begin investigating the case and preserving favorable evidence

Preserve Evidence

Do not delete text messages, emails, or social media communications

Maintain records of your whereabouts during the alleged time period

Identify potential witnesses who can support your defense

Avoid Contact with the Alleged Victim

Any contact, direct or indirect, can be misinterpreted as intimidation

Follow any no-contact orders issued by the court

Inform family members about restrictions to prevent accidental violations

Defense Strategies for Indecent Liberties Cases in Wake County

Patrick Roberts employs comprehensive defense strategies tailored to each client's unique circumstances:

Constitutional Challenges

Challenging unlawful searches and seizures

Questioning the validity of police interrogations

Filing motions to suppress improperly obtained evidence

Factual Defenses

Establishing alibi evidence showing you were elsewhere during alleged incidents

Demonstrating that interactions were innocent and non-sexual in nature

Challenging the credibility and reliability of witness testimony

Expert Witness Testimony

Utilizing psychologists to explain behavior patterns and motivations

Employing digital forensics professionals to analyze electronic evidence

Consulting medical professionals when physical evidence is involved

The Role of Digital Evidence in Modern Indecent Liberties Cases

Contemporary indecent liberties cases frequently involve digital evidence, including:

Text messages and social media communications

Email exchanges and dating app conversations

Digital photographs and videos

Internet browsing history and search records

Cell phone location data

A skilled sex crime attorney understands how to challenge the authenticity, context, and interpretation of digital evidence while protecting your constitutional rights throughout the investigation process.

Patrick Roberts: Your Cary Indecent Liberties Defense Attorney

Patrick Roberts Law brings unparalleled experience to indecent liberties defense in Cary and throughout Wake County. As a former prosecutor in three North Carolina counties, attorney Patrick Roberts understands both sides of the criminal justice system, providing clients with strategic advantages in their defense.

Our Track Record Speaks for Itself

Our firm has achieved remarkable case results in indecent liberties cases, including:

Three Counts of Indecent Liberties with Children: Facing 48-87 months, achieved misdemeanor probation with no registration

Indecent Liberties with a Minor: Facing 16-29 months, achieved complete dismissal with no charges filed

Indecent Liberties with a Student by Teacher: Facing 15-27 months, achieved complete dismissal with no charges filed

Why Choose Patrick Roberts Law

Prosecutorial Experience: His understanding of prosecutorial strategies and tactics provides invaluable insights for defense preparation.

Comprehensive Investigation: He conducts thorough investigations, interviewing witnesses, consulting with professionals, and examining all available evidence.

Aggressive Advocacy: Patrick fights tirelessly to protect his clients' rights and achieve the best possible outcomes in every case.

Local Knowledge: Patrick’s deep familiarity with Wake County courts, judges, and prosecutors enables us to navigate the local legal landscape effectively.

Frequently Asked Questions About Indecent Liberties Defense in Cary

What should I do if I'm being investigated for indecent liberties in Car, NC?

Contact an experienced criminal defense attorney immediately. Do not speak to law enforcement without legal representation, and avoid discussing the case with anyone else.

Can indecent liberties charges be reduced or dismissed in North Carolina?

Yes, with effective legal representation, charges can sometimes be reduced to lesser offenses or dismissed entirely based on insufficient evidence or constitutional violations.

How long does the sex offender registration requirement last in North Carolina?

Most indecent liberties convictions require registration for a minimum of 30 years, though some individuals may petition for removal after 10 years under specific circumstances.

What is the difference between indecent liberties and statutory rape in North Carolina?

Indecent liberties charges don't require sexual intercourse and can include non-contact behaviors, while statutory rape specifically involves sexual intercourse with a minor.

Can I lose my job if charged with indecent liberties in Cary?

Many employers may terminate employees facing serious criminal charges, particularly those involving minors. However, you maintain the presumption of innocence until proven guilty.

What happens if I violate sex offender registration requirements in Cary, NC?

Failure to comply with registration requirements is a separate felony offense that can result in additional prison time and extended registration periods.

How much does it cost to hire a Cary sex crime defense attorney?

Legal fees vary based on case complexity and other factors. Patrick Roberts Law offers free consultations to discuss your case and explain our fee structure.

Can indecent liberties charges affect my immigration status?

Yes, sex crime convictions can have severe immigration consequences, including deportation for non-citizens. It's crucial to work with an attorney who understands both criminal and immigration law.

Protecting Your Future and Your Family

Indecent liberties charges threaten not only your freedom but also your family's stability and future. The stigma associated with sex crime allegations can devastate personal relationships, professional opportunities, and community standing.

Patrick Roberts Law understands the human impact of these charges and works diligently to minimize their effects on our clients' lives. We provide compassionate, confidential representation while aggressively defending against the allegations.

Let’s Talk: Contact Patrick Roberts Law for A Free Consultation

If you're facing indecent liberties charges in Cary, North Carolina, time is of the essence. The sooner you engage experienced legal representation, the better positioned you'll be to protect your rights and achieve a favorable outcome.

Book a free case evaluation by calling 919-746-7206 or visiting our contact page. Our Cary office is conveniently located at 543 Keisler Dr, Suite 202, Cary, NC 27518, serving clients throughout Wake County and the greater Triangle area.