Charlotte Criminal Lawyer Blog
Defending Indecent Exposure Charges
The public space is protected by various laws. When you are in public, you must obey the laws or face the possibility of arrest. Although a charge of indecent exposure isn’t extremely serious, it can still wreak havoc on your life now and in the future. If you have been charged with indecent exposure or lewd behavior, you will want to seek legal guidance as soon as possible. You will need to protect yourself and defend the charges.
What is Indecent Exposure?
Indecent exposure is defined as exposing a person’s private parts in a public place in the presence of others. In simple terms, it means exposing your genitals in public. For example, a person’s private parts may be exposed and viewable by others if they urinate in public or if they engage in sexual activity in a public location where others may see. Genitals refer to either male or female genitalia but do not include other body parts such as breasts or buttocks. Indecent exposure may be a misdemeanor, felony, or aggravated felony depending on the circumstances.
Can I Get in Trouble for Public Urination?
A person may urinate in an alley or in a parking garage when they think nobody’s looking. While this behavior may seem rather benign, it is considered indecent exposure if someone else witnessed the occurrence. Therefore, you could be arrested for urinating in public. If convicted of misdemeanor indecent exposure, you will face a sentence of up to $1,000 and up to 30 days in jail, as well as community service. The charges are increased to a felony if an adult exposes themselves to a minor aged 16 or younger.
Defending Indecent Exposure Charges
It is necessary to vigorously defend charges of indecent exposure. In order to be found guilty, the state must prove that you intended to expose yourself. You may be able to prove that the area you were in was not public. Another possible defense to these types of charges is that nobody else was present at the time, and therefore, no other person saw the possible exposure. However, this could be challenging to prove. It is important to note that intoxication or illness is not a defense to the crime. However, these issues could be brought up as mitigating factors to potentially reduce the sentence.
How an Attorney Will Help
Indecent exposure charges are not to be taken lightly. You will want to put forth a strong defense against the charges to ensure the best possible outcome. A knowledgeable criminal defense attorney will review all aspects of your case, evaluate the evidence, and help present a winning defense in your case. Your attorney may also be able to get some charges reduced or eliminated based on a lack of evidence or weak evidence in the case. It is important to keep in mind that you are more likely to get a better result when you have a skilled criminal defense attorney on your side.
If you have been charged with a crime, we are here to help. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to speak with our legal team.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/felony
https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-190.9.html
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