In Cases Charging Lewd And Lascivious Behavior, What Does The Evidence Say About Intent?
If you have been charged with lewd and lascivious behavior, a key question is whether the alleged actions should be considered a sex crime. Determining this can be complicated, and having a smart and experienced lawyer by your side is essential if you face these charges. At the Law Office of James M. Brun, LLC, in Overland Park, my goal is to help protect the rights of the accused and make sure they are given proper due process and the best chance at a favorable outcome.
Does The Evidence Prove Intent — And Therefore, A Sex Crime?
One of the biggest question that comes up regarding alleged lewd and lascivious behavior is whether the action was committed for the offender’s sexual gratification. This distinction can be difficult to prove either way. I will take the time to look at all the facts of the cases and if possible, argue that what happened was not a sex crime.
In these cases, the defense will try to prove that a person’s intent was sexual gratification. Our goal is proving intent was not sexual and the behavior — if verifiable — can be explained in another way. For example, was the person under the influence of drugs or alcohol at the time or was he or she mentally deficient? If there was no intent for sexual gratification, then the evidence does not point to a sex crime. Proving that there was no sexual intent may get a case dismissed or take the charge down to less serious offenses such as indecent exposure, with lesser penalties.
We Are Ready To Help You Defend Yourself Against Lewd And Lascivious Behavior Charges
If you are facing these charges in Kansas, I am ready to defend you and your rights. Give me a call today at 913-826-6229. I can also be reached by email through this website. All attorney-client communication is confidential. I accept credit cards.