How to Choose a Child Molestation Defense Attorney in Baton Rouge, Louisiana
How to Choose a Child Molestation Defense Attorney in Baton Rouge, Louisiana
Child Molestation Defense Attorney
Facing a charge of child molestation is one of the most challenging experiences a person can encounter. The weight of such an accusation can impact every part of life—family, friendships, career, and future opportunities. The fear of losing your freedom, along with the damage to your reputation, can make the situation feel hopeless. However, understanding the legal process and having a child molestation defense attorney by your side can bring a sense of relief, empower you, and provide the support you need to face the challenges ahead. You are not alone in this.
David E. Stanley, APLC, is a criminal defense attorney in Baton Rouge with years of experience representing clients in cases involving allegations of child molestation and other serious charges. He understands the complexity of these cases and works closely with clients to build strong defense strategies. His approach focuses on fairness, careful review of evidence, and guiding clients through every step of the legal process. If you are facing child molestation charges, it is important to seek legal representation promptly.
What Is Child Molestation?
Child molestation involves any sexual contact, behavior, or exploitation of a minor. This includes inappropriate touching, exposing a child to sexual acts, or attempting to engage a child in sexual activities. Louisiana law defines ‘molestation of a juvenile’ under La. R.S. 14:81.2, which applies when a person over 17 commits a lewd or lascivious act upon a person under 17 with the intent to arouse or gratify sexual desires of either person, by force, violence, duress, menace, psychological intimidation, threat of great bodily harm, or when the offender has supervisory or disciplinary authority over the juvenile. Under Louisiana law, not knowing the actual age of the minor is generally not considered a defense to a charge under R.S. 14:81.2. Louisiana sets the age of consent at 17 (§14:80), but relevant statutes for minors under this age may trigger additional charges or penalties depending on facts and circumstances. Sexual conduct involving a person under 17 may be criminalized under felony or misdemeanor carnal-knowledge statutes, with penalties often varying based on the age difference between the parties. Penalties vary by circumstance and can include prison time, fines, and mandatory sex-offender registration. Convictions under R.S. 14:81.2 require sex-offender registration. Many R.S. 14:81.2 convictions may require Tier II sex-offender registration, though specific tier classifications depend on various factors, including the specific subsection of conviction and individual case circumstances. Tier II sex offender registration typically requires 25 years with semi-annual verification, while aggravated offenses defined under certain subsections of R.S. 14:81.2 fall under Tier III, which generally involves lifetime registration and quarterly verification. The precise tier and reporting requirements are subject to statutory interpretation and depend on the specific facts of the case (see La. R.S. 15:541 et seq.). Legal defense is an important consideration, as even false accusations can have serious consequences. Other related offenses in Louisiana include indecent behavior with juveniles (R.S. 14:81) and carnal knowledge of a juvenile (R.S. 14:80, 14:80.1), each with distinct elements and penalties.
Update (effective August 1, 2025): Louisiana Act 97 added R.S. 14:81(A)(3), creating additional penalties for ‘grooming’—defined as pursing or inducing an intimate relationship with a child under 17 (when the offender is at least four years older) via seduction, coercion, or similar methods, with the intent to commit a sex offense. Penalties are specified in R.S. 14:81(H); consult the latest statutes for the full details.
How to Choose the Right Child Molestation Defense Attorney?
Look for Experience in Similar Cases
When choosing a child molestation defense attorney, experience with cases like yours matters. An attorney who has dealt with comparable charges will have a greater understanding of the prosecutors’ tactics and the most successful defenses. They will be able to identify flaws in the prosecution’s case, cross-examine witnesses, and evaluate the evidence. They can develop more effective tactics to defend your rights because of this background. When you meet with an attorney, ask how many cases similar to yours they have handled and what the outcomes were. This information will boost your confidence in their ability to manage your case.
Pay Attention to Communication Skills
Clear and open communication is vital when working with a child molestation defense attorney. You will need to share sensitive details and expect updates on your case. The attorney should explain legal terms in a way you understand and answer questions honestly. If communication feels rushed or unclear, that could be a red flag. A strong attorney-client relationship depends on trust, and trust comes from open conversations. During your first meeting, notice how they respond to your concerns. Good communication helps you feel supported and informed throughout the entire process.
Research Reputation and Reviews
The reputation of a child molestation defense attorney might reveal a lot about their case management style. You can find out how previous clients have felt about their representation by reading client evaluations, looking through testimonials, or even contacting referrals. Seek evaluations that emphasize dependability, professionalism, and client loyalty. Even while not every review will be flawless, you can feel more confident if you see a pattern of positive comments. Check to determine if the legal community has acknowledged their efforts. Their reputation, which often develops over time, may reflect the quality of their defense tactics. In addition to reviews, verify the attorney’s standing with the Louisiana State Bar Association to ensure they have no disciplinary actions.
Consider Their Courtroom Presence
A child molestation defense attorney represents you in court with confidence and clear persuasion. They effectively present arguments before a judge or jury. Under La. C.Cr.P. art. 782, most serious felony offenses (including those punishable by hard labor) require a 12-person unanimous jury. Offenses with lesser penalties, or those punishable with or without hard labor, sometimes use a 6-person unanimous jury. Always consult current law, case facts, and recent court rulings to determine the appropriate jury size, as these requirements can change. Most child molestation charges fall under the 12-person requirement; however, specific case facts or charges may occasionally affect the applicable jury size. Confirm with legal counsel the current statutes for each individual situation. Defendants charged with serious felonies in Louisiana generally have the right to request a jury trial, and may also opt for a bench trial by properly filing a written waiver in accordance with state court procedures (La. C.Cr.P. art. 780). Consult local rules and statutory requirements for timing and approval of such waivers before proceeding. Defendants in non-capital cases may request a bench trial by submitting a written motion within the timeframe required by Louisiana law; specific timing requirements and procedures should be confirmed with current court rules, and the waiver cannot be withdrawn.
Ask About Their Legal Strategy
Every case is unique, and a child molestation defense attorney should tailor their approach to your situation. When meeting with them, ask what strategies they might use for your case. They should be able to explain potential defenses recognized under Louisiana law, such as challenging identification, questioning the admissibility of evidence under the Louisiana Code of Evidence, or emphasizing the prosecution’s failure to meet the burden of proof beyond a reasonable doubt. Please note that no attorney or defense strategy can guarantee a particular result. Legal outcomes depend on multiple factors such as available evidence, witness credibility, and judicial discretion. Attorneys will advise on suitable defenses according to the facts and the relevant Louisiana law, but results cannot be assured. A strong attorney will outline options while being honest about challenges. Their strategy should focus on protecting your rights and working toward a lawful and favorable outcome while setting realistic expectations. Knowing that they have a thoughtful plan in place can give you confidence as you move forward with your defense.
Understand Their Fee Structure
Attorney fees vary, so request the fee terms in writing at the outset. Some lawyers bill by the hour; others use a flat fee. Ask what the quoted amount covers and whether additional expenses—such as investigators or expert witnesses—may apply. Discussing costs early helps avoid surprises. Price alone shouldn’t drive your decision; consider communication, strategy, and experience alongside cost. Choose an attorney whose fees are reasonable and whose approach is clear and well-explained.
Check Their Availability and Dedication
When facing such serious charges, you want a child molestation defense attorney who will give your case the attention it deserves. Some attorneys handle too many clients at once, which can limit the time they spend on your case. Ask how available they will be for meetings, updates, or questions. A dedicated attorney should make you feel like your case is a priority, not just another file on their desk. Their willingness to commit time and resources can play a big role in the strength of your defense and the outcome of your case.
Trust Your Instincts During Consultations
Sometimes, choosing the right child molestation defense attorney comes down to your instincts. During consultations, notice how you feel when speaking with them. Do they listen carefully? Do they treat you with respect? Do you feel comfortable sharing sensitive details? Your attorney will play a major role in your life during this stressful time, so trust matters. If something feels off, keep looking until you find someone who makes you feel supported. Trusting your instincts enables you not only to choose a skilled attorney but also one you can rely on personally and professionally.
What to Do if Accused of Child Molestation?
If accused of child molestation in Louisiana, it is critical to stay calm and refrain from making statements to anyone, especially law enforcement, until consulting an attorney. Anything said may be used in subsequent proceedings. You have the right to an attorney before any questioning in custody. In Louisiana, police are generally required to provide Miranda warnings if you are in custody and subject to interrogation, though the specific application may vary based on circumstances. These warnings inform you of your rights, including the right to remain silent and to have an attorney present during questioning. If you receive Miranda warnings and choose to remain silent, the prosecution generally cannot use that post-Miranda silence against you if you later testify, though specific rules regarding the use of silence can be complex and fact-dependent. However, post-arrest silence before Miranda warnings may be used to impeach your testimony if you testify. Pre-arrest silence may also be used for impeachment if you testify, and non-custodial pre-Miranda silence may be introduced in the prosecution’s case-in-chief unless you expressly invoke your Fifth Amendment right. To protect yourself, clearly invoke your rights and request a lawyer before answering questions. Prompt consultation with a qualified child molestation defense attorney is strongly recommended to help safeguard your rights. Avoid contacting the accuser or their family. Violating protective or no-contact orders in Louisiana constitutes a separate offense and may lead to further penalties, which can increase with repeated violations or violent conduct. Developing a strong legal defense with professional guidance is the most effective way to address these charges. Courts may impose pretrial release conditions, including no-contact orders and other restrictions, under C.Cr.P. art. 320 to uphold public safety and ensure court appearances.
Frequently Asked Questions
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What Should I Do If I Am Accused of Child Molestation in Louisiana?
Stay calm and avoid making any statements to law enforcement or others about the accusation until you have consulted with an attorney. In Louisiana, once you are in custody and subject to questioning, police must provide Miranda warnings, which inform you of your right to remain silent and to have legal counsel. Clearly state that you are invoking your right to remain silent and to request an attorney. Do not contact the alleged victim or their family. Violating protective or no-contact orders can result in additional charges. It’s strongly recommended to consult a qualified attorney promptly to help protect rights and begin preparing an effective defense.
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What Are the Penalties for Child Molestation in Louisiana?
Under La. R.S. 14:81.2 (Molestation of a Juvenile), penalties depend on the specific facts of the case, including the age of the alleged victim and the circumstances of the offense. Penalties for convictions under R.S. 14:81.2 (Molestation of a Juvenile) vary: they can include prison, fines, and mandatory registration, usually Tier II (25 years, semi-annual reporting). Aggravated offenses may require Tier III registration (lifetime, quarterly reporting). Statutes and case law may change; refer to the latest Louisiana statutes or consult counsel for current penalties, including additions such as the 2025 ‘grooming’ provision.
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Can False Accusations of Child Molestation Happen?
Yes, false accusations of child molestation can occur, though each case must be evaluated based on its specific facts and evidence. Such accusations can arise in various contexts, including misunderstandings or disputes. Even if false, such claims are taken seriously by law enforcement. A child molestation defense attorney can help uncover the truth, challenge unreliable evidence, and protect you from wrongful conviction. Acting quickly is key when facing accusations that could change your entire life.
Child Molestation Defense Attorney in Baton Rouge, LA
Child molestation charges can create a ripple effect that impacts nearly every part of your life. Few accusations carry the same weight or social stigma as those involving minors. Public opinion often turns quickly, making it difficult to feel like a fair trial is even possible. In these moments, having the right representation matters. David E. Stanley, APLC, a dedicated child molestation defense attorney in Baton Rouge, LA, is here to help.
With years of criminal defense experience, David E. Stanley, APLC, works closely with clients to build strong defense strategies and safeguard their rights. Our firm understands the challenges these charges bring and provides legal guidance tailored to your circumstances at every stage of the process. If you are facing accusations of child molestation in Louisiana, consider reaching out for experienced legal support.
David E. Stanley, APLC
1055 Laurel Street, Suite 2 Baton Rouge, LA 70802
225-926-0200
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. You should not act or rely on any content herein without first consulting a licensed attorney in your jurisdiction. Viewing or interacting with this material—including submitting a form, sending a message, making a call, or leaving a voicemail—does not create an attorney-client relationship. That relationship is only established through a mutually executed engagement agreement. Legal requirements vary by jurisdiction and are subject to change. Always consult a qualified legal professional regarding your specific circumstances.
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