Taking Indecent Liberties with a Child by Custodian lawyer Suffolk, VA
A charge of taking indecent liberties with a child by a custodian under Va. Code § 18.2-370 is one of the most serious allegations a person can face in Virginia. If you are being investigated or have been charged in Suffolk, the immediate step is to secure experienced legal representation. Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. provides defense for individuals in Suffolk Circuit Court, Suffolk General District Court, and Suffolk Juvenile and Domestic Relations District Court. Mr. Sris and the firm’s Of Counsel bring over 120 years of combined legal experience, and the firm has documented over 4,739 firm-wide results. Results may vary. Reach our location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
What Taking Indecent Liberties with a Child by Custodian Means in Suffolk, VA
Under Va. Code § 18.2-370, it is a felony for any person 18 or older who maintains a custodial or supervisory relationship over a child under the age of 15 to knowingly and intentionally engage in certain sexually explicit conduct with that child. The law defines custodian broadly to include parents, guardians, relatives, teachers, coaches, babysitters, and anyone else responsible for the care and supervision of the child. Prohibited conduct includes proposing or engaging in sexual intercourse, anal intercourse, cunnilingus, fellatio, or anilingus, as well as exposing one’s sexual parts to the child, or causing the child to expose sexual parts. Because the offense involves a breach of trust by a person in a position of authority, the courts and the community treat these allegations with extreme gravity.
In Suffolk, cases involving taking indecent liberties with a child by a custodian are typically initiated as felony complaints investigated by the Suffolk Police Department and prosecuted by the Suffolk Commonwealth’s Attorney. The case may be heard initially in the Suffolk Juvenile and Domestic Relations District Court if the victim is a child, with potential certification to the Suffolk Circuit Court for trial or sentencing. Conviction results in mandatory registration on the Virginia Sex Offender Registry, with lifetime consequences affecting housing, employment, and personal relationships. Mr. Sris and the firm’s Of Counsel understand how these cases are handled in Suffolk and work to protect clients’ rights throughout the process. Results may vary.
How Mr. Sris and the Firm’s Of Counsel Handle Taking Indecent Liberties with a Child by Custodian Cases
The defense of a taking indecent liberties with a child by custodian charge begins with a thorough review of the prosecution’s evidence. Mr. Sris, a former prosecutor, understands how the Commonwealth builds its case and identifies weaknesses such as insufficient evidence of the custodial relationship, lack of intent, or procedural errors during the investigation. The Firm’s Of Counsel team also examines whether the alleged conduct meets the statutory definition under Va. Code § 18.2-370, and whether any statements made by the accused were obtained in violation of constitutional protections.
From the initial appearance through any potential trial, the firm concentrates on safeguarding the client’s rights at every stage. This includes negotiating with the Suffolk Commonwealth’s Attorney for charge reductions or alternative dispositions when supported by the evidence, and preparing a rigorous defense for trial when necessary. Because the stakes—prison, sex offender registration, and lifelong collateral consequences—are so high, Mr. Sris and the firm’s Of Counsel handle each case with meticulous preparation and a commitment to pursuing the most favorable outcome possible under the law. Results may vary.
About Mr. Sris and the Firm’s Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he brings firsthand understanding of the criminal justice system to every defense. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel bring over 120 years of combined legal experience, and the firm has documented over 4,739 firm-wide results. Results may vary.
Frequently Asked Questions
How does a Virginia lawyer defend against taking indecent liberties with a child by custodian charges?
A defense attorney challenges the prosecution’s case by examining the evidence for weaknesses, such as whether a custodial relationship existed or whether the alleged conduct meets the statutory definition under Va. Code § 18.2-370. The defense may also scrutinize the investigation for constitutional violations, question the credibility of witnesses, and contest the intent element of the offense. In Suffolk cases, familiarity with local prosecutorial practices and the Suffolk courts is valuable when building a defense strategy tailored to the specific circumstances. An experienced attorney evaluates every angle to pursue a reduction, dismissal, or aquittal.
What should I do if I am facing taking indecent liberties with a child by custodian charges in Virginia?
Contact a sex crimes attorney immediately, and do not discuss the case with anyone except your lawyer. Anything you say to law enforcement, family, or even friends can be used against you. Preserve any relevant documents, text messages, or electronic communications, but do not take any steps that could be seen as tampering with evidence. The statute of limitations and court deadlines under Virginia law require prompt action, so securing legal representation early can have a significant impact on the direction of the case.
What are the penalties for taking indecent liberties with a child by custodian in Virginia?
A conviction is a Class 5 felony and carries serious penalties, including a substantial term of imprisonment and mandatory registration on the Virginia Sex Offender Registry. The exact sentence depends on the specific facts of the case, the defendant’s prior criminal record, and the court’s assessment of aggravating or mitigating factors. Beyond incarceration, the registry requirement creates lifelong restrictions on where you may live, work, and even attend events. Because the consequences extend far beyond any prison term, robust legal defense is essential.
Can I fight the charges if I am a custodian under Virginia law?
Yes, custodians can and do fight these charges successfully when the evidence is weak or the allegations are unfounded. The defense may argue that the accused did not hold a custodial role over the child, that the conduct described does not satisfy the statutory definition, or that there is insufficient credible evidence to prove the charge beyond a reasonable doubt. In some situations, false accusations or misinterpretations form the basis of the case, and an attorney can work to expose those issues. Each situation demands a thorough investigation tailored to the facts.
What are the collateral consequences of a conviction in Virginia?
Beyond imprisonment, a conviction triggers mandatory sex offender registration, which can severely limit where you live, work, and travel. Registered sex offenders in Virginia face residency restrictions, employment barriers, and the loss of professional licenses. They may also encounter community notification requirements and limitations on contact with their own children or other minors. Handling these collateral effects with the help of a lawyer can help you understand the full scope of what is at stake and how potential resolutions might mitigate the long-term impact.
How do I choose a lawyer for this charge in Suffolk?
Look for a firm with extensive experience in Virginia sex crime defense and a demonstrated familiarity with the Suffolk court system. An attorney who understands local prosecutorial approaches, the tendencies of the Suffolk Commonwealth’s Attorney’s office, and the practices of Suffolk Circuit Court can provide a more effective defense. Additionally, select counsel who has a track record of handling serious felony sex offenses and who will approach your case with confidentiality and respect. Law Offices Of SRIS, P.C. offers consultations by appointment; call (888) 437-7747 to discuss your matter.
Related practice areas:
Indecent liberties with a child in Suffolk |
Aggravated sexual battery defense in Suffolk |
Child pornography charges in Suffolk |
Rape defense lawyer Suffolk
Primary legal resources:
Va. Code § 18.2-370 |
Suffolk Circuit Court |
Virginia Sex Offender Registry
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.