Las Vegas Sex Crimes Defense Lawyer
A Nevada Sex Crimes Attorney That Doesn’t Back Down
If you’ve been accused of a sex crime, the need for strong, aggressive, reliable criminal defense cannot be overstated.
Not only do you face the possibility of spending a substantial amount of time in prison, but you may also be forced to deal with the shame and humiliation of registering as a lifelong sex offender.
At the Las Vegas Law Offices of Michael I. Gowdey, we believe everyone is entitled to a strong defense no matter what the crime.When you walk into our office, you are treated like every other client — with respect.
Criminal defense attorney Gowdey is uniquely positioned to represent you. He has 23 years of criminal law experience and is known for successfully taking on some of the highest profile sex cases in the state of Nevada. Mr. Gowdey knows how to properly challenge DNA and forensic evidence, interview witnesses and makes a thorough presentation to the District Attorney’s office.
Because sex offenses are rarely witnessed by a third party, these cases often come down to one person’s word against the other. Attorney Gowdey has a proven ability to uncover inconsistencies in the alleged victim’s testimony and investigate the motives that may lead a person to make such an accusation.
Contact our Las Vegas Sex Crimes Law Firm today online or by phone at 702-471-0321 to find out how our strong, experienced and aggressive representation can go to work for your sex crimes charge.
Sex Crimes in Nevada
Sex crimes in Nevada can be classified as a misdemeanor or felony and can be charged at the state or federal level. The severity of penalties for sexual assault crimes vary depending on the age of the alleged victim and whether any injury occurred.
Mr. Gowdey has expertise defending a wide range of sexual allegations including but not limited to:
Sexual Assault (Rape): According to Nevada Revised Statute 200.366, it is illegal to have sex with someone against their will or in a situation where you know or should have known that the person lacked the capacity to consent to sex (they were intoxicated or unconscious). Sexual assault or rape is a felony in Nevada and is the second most harshly penalized crime in the state next to homicide.
Statutory Sexual Seduction/ Statutory Rape: it is a crime for anyone 18 years or older to have sex with someone younger than 16.
- When the victim is over 16, you could be facing life imprisonment with the possibility of parole after 10 years in the Nevada prison. If the victim suffered substantial bodily injury, parole can’t be granted until after 15 years have been served in prison.
- When the victim is 14 or 15 years old, the punishment can be life imprisonment with the possibility of parole after 25 years have been served. If the victim suffered substantial bodily injury, the penalty increases to life without parole.
- When the victim is under the age of 14, the crime is punishable by life in Nevada prison with the possibility of parole after 35 years served. If the victim suffered substantial bodily injury, there is no possibility of parole.
Lewdness With A Minor Under 14: it is illegal to commit a lewd or lascivious act on the body or any body part of a person under the age of 14 for the purposes of sexual gratification.
- Punishable by life in Nevada state prison with the possibility of parole after ten years. Must register as a sex offender and potentially pay a fine up to $10,000.
Prostitution Offenses: Even though Las Vegas is known for offering sexually explicit entertainment, prostitution is NOT legal in the city. Prostitution is only legal in licensed brothels in some remote areas of Nevada.
- Engaging in prostitution — prostitution is the act of engaging in sex (doesn’t need to involve penetration) for a fee or something of value
- Penalties: misdemeanor offense which carries a fine of up to $1,000 and a potential jail sentence of up to 6 months.
- Solicitation of prostitution — offering or agreeing to engage in prostitution
- Penalties: Imprisonment for up to 2.5 years and fines between $1,000 and $5,000. If the solicitation charge involves a minor, the penalties will be much more severe and may result in required registration as a sex offender.
- Pandering — also known as “pimping” or recruiting prostitutes or arranging a situation in which others may engage in prostitution
- Penalties: if force was used to encourage someone to engage in prostitution, the crime is a felony punishable by 1-5 years in prison and $10,000 fine. If no force was involved, it is punishable by 1-4 years in prison and fined up to $5,000
- Living off the earnings of prostitute
Child Pornography — The production, possession, and distribution of child pornography is illegal in Nevada. Child pornography charges are felonies and can be prosecuted by the state or federal government.
- Production: For producing child pornography, you’ll face a life sentence in Nevada state prison and a fine of up to $100,000.
- Possession: For possessing child pornography, you face 1 to 6 years in state prison with fines that go as high as $5,000 for a first offense. Subsequent offenses can carry a punishment of imprisonment from 1 year to life
- Distribution: Distributing child pornography in Nevada can land you in prison for 1 to 15 years and require you to pay a fine not exceeding $15,000.
Potential Defenses to Sex Crime Charges
Accuser Motivation: If you have been falsely accused of a sex crime, Attorney Gowdey will find the motivation behind the accusation. In certain situations, an alleged victim may lie and say sex was not consensual in order to protect their own reputation or keep their sexual history hidden from friends and family. An accuser can also make up an allegation of molestation or improper sexual misconduct in order to gain leverage in a divorce or child custody case. Attorney Gowdey can exploit these motivations.
Illegal Search and Seizure: In certain sex cases such as those involving child pornography charges, law enforcement may attempt to collect photographs, computer files, and other records of your home or vehicle. Police must have probable cause or a search warrant to legally retrieve this evidence. If procedures were improperly followed or your 4th amendment rights were violated, Attorney Gowdey can file a motion to suppress the evidence, meaning it would not be valid in court.
Entrapment: Undercover prostitution sting operations are common on and off the strip. Undercover police officers sometimes pose as customers or “johns” in strip clubs and massage parlors, to find people willing to offer or agree to pay for sex. If you were induced or persuaded by law enforcement to commit prostitution, a crime you otherwise would not have committed, we can argue that you were a victim of entrapment.