(WILMINGTON, NC) A Wilmington criminal defense attorney from Marcilliat & Mills PLLC, recently represented a client facing a second degree forcible sex offense charge. After conducting an independent investigation, re-interviewing the state’s witnesses and interviewing additional witnesses, our defense lawyer convinced the Assistant District Attorney (ADA) that dismissal of the sex crime charge was appropriate.

The client was accused of sexually assaulting an intoxicated woman. The alleged victim claimed that our client had forced her to perform oral sex on him when she was too drunk to consent to the sex act.

Allegations of sex crimes require an aggressive criminal defense strategy. Sentencing for sex crimes in North Carolina are enhanced, meaning that sex crimes can be punished with longer sentences than other criminal charges of the same felony level. A sex offense sentence may also include a requirement that the individual register as a sex offender for a term of years to life.

Building the best defense against an accusation of a sex crime starts with reviewing all available evidence. Our defense lawyer reviewed the interviews of both the victim and an eyewitness that had been conducted by law enforcement. The attorney discovered inconsistencies between the alleged victim’s statement and the state’s key eyewitness’ account of the events that formed the basis of the sex offense charge. Our sex crimes defense attorney also discovered inconsistencies in two separate statements given by the eyewitness.

The only witnesses offered by the state had conflicting memories of what actually happened. In addition, law enforcement had failed to interview several other key witnesses who had contact with the woman in the days following the alleged assault.

Our criminal defense lawyer conducted an independent interview of the state’s eyewitness as well as others identified as potential witness who had not been interviewed by police. The attorney prepared sworn affidavits and full transcripts of the interviews and turned the interview transcripts and corresponding videos over to the Assistant District Attorney (ADA).

After law enforcement had the opportunity to re-interview the state’s witnesses, it was determined that the client had been falsely accused of a sex crime. As a result, our skilled defense lawyer was able to convince the ADA to dismiss the charge against the client.

At Marcilliat & Mills PLLC, our criminal defense attorneys fight for the rights of the accused throughout North Carolina. With offices in Raleigh, Wilmington and Charlotte, our experienced lawyers offer a free initial consultation to anyone facing criminal charges including drunk driving, sex offenses, drug crimes, white collar crimes or other felony or misdemeanor in the North Carolina state or federal criminal justice system . When experience counts, put Marcilliat & Mills PLLC on your side.

For more information about our North Carolina criminal defense lawyers or to reach the legal team at Marcilliat & Mills PLLC, for a free consultation, contact the firm online or at 919-838-6643.

DISCLAIMER: The cases, facts and outcomes discussed in this press release are illustrative of the matters handled by the firm. 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.