Marcilliat & Mills PLLC was able to prove that his client was not guilty of criminal sexual conduct, charged as sexual battery, after a night of consensual sexual contact led to false allegations of a sex crime. Originally facing a sex offender registration requirement of 30 years, Kevin‘s client walked away from the trial a free man.

The scenario was not uncommon: an alcohol-infused evening turned into consensual sexual contact that the female participant regretted the next day. In an effort to protect her existing relationships and, perhaps out of remorse for the prior evening’s activities, the woman alleged inappropriate and non-consensual sexual contact between herself and Kevins‘ client. After reporting the incident to authorities, Kevins‘ client was charged with sexual battery.

In North Carolina, sexual battery is a Class A1 misdemeanor, punishable by up to 60 days in prison if the defendant has no prior criminal record. There is no penetration involved in sexual battery, which is why it is not considered a felony sex offense.

However, in this case, the stakes were much higher than a couple of months in prison. A conviction on a sexual battery charge would carry a 30-year-sex-offender-registration requirement because North Carolina considers sexual battery to be a “sexually violent offense.”

According to court records, Marcilliat & Mills PLLC attorney convincingly argued that the contact between his client and his accuser was not done for sexual gratification and that any touching was permitted and welcomed by both parties at the time it occurred. His client was acquitted and is now free from the stigma of being forced to register as a sex offender based on false accusations by a willing partner.

If you have been accused of sexual battery or other sexually-related criminal offense, you will need an aggressive lawyer on your side, as soon as possible. Contact Marcilliat & Mills PLLC, online or call 919-838-6643 to schedule a free consultation. Our criminal defense team handles state and federal defense throughout North Carolina. We maintain offices in Wilmington, Raleigh, and Charlotte for your convenience.

DISCLAIMER: The cases, facts, and outcomes discussed in this press release are illustrative of the matters handled by the Marcilliat & Mills PLLC. Actual case results depend on a variety of factors unique to each case. Not all of the firm’s case results are included on this site. The outcome of a particular case cannot be predicated upon a lawyer’s or law firm’s past results because prior results do not guarantee a similar outcome..

North Carolina v. J.S.
Indecent Exposure
Potentially Facing: 30 days in Jail
Result: Case Dismissed

Marcilliat & Mills PLLC acted quickly, meeting with the DA’s office to mitigate on behalf of their client, who had no prior criminal history. The defendant had cooperated fully with the officer. At defense counsel’s prompting, the ADA spoke with his Law Enforcement Officers and determined that Defendant had been through enough already. Dismissed on the first court date.