Honolulu Sex Crimes Lawyer

The mere whisper of this kind of thing can ruin your reputation, can hurt your chances at a successful plea bargain early in the case, and can be damning in trial. Whether you are charged with a misdemeanor or felony sex crime can disrupt your education, career, and family life. Very few, if any, people will come to your defense being charged with a crime of this nature. The only thing to do is mount an aggressive criminal defense with the help of an honest, hardworking lawyer.

Michael Fayard is a sex crimes lawyer in Honolulu. He represents those accused of sex offenses on O’ahu and neighboring islands. You have no option but to fight like your life depended on it! To talk with Attorney Fayard about your situation, use the online contact form or call 808-445-6708 to set up a free consultation, he has prosecuted and defended many sex crimes with great results on both sides of the case. He’s not here to judge you; his primary goal is to defend your rights.

The Benefits of Hiring a Sex Crime Attorney

When someone accuses you of a sex crime, your first instinct might be to explain and defend yourself. The best legal advice you can get is not to do that. Please don’t talk to the alleged victim or their friends or family. Do not discuss any details of any alleged offense over the phone or texts. Many times, law enforcement will set up a “control call” where the alleged victim will entice you to apologize for any alleged conduct to “settle the matter”. DO NOT respond to those calls or messages. Chances are that law enforcement has recorded the conversation or texts and they are trying to set you up to make admissions. Even if there is nothing to admit, the detectives handling these cases are trained and skilled in making those accused of sex crimes admit to crimes they may have not committed. The police are there to make their case—not seek the truth or justice. And if the police contact you directly, don’t answer their questions. If you’re arrested, invoke your right to remain silent. Call a sex offense attorney as soon as you can.

You could avoid charges altogether. But that won’t happen by you talking to the alleged victim or the police. That happens by an experienced lawyer thoroughly investigating the allegations, reviewing the evidence, and communicating with the prosecutor. It’s also possible that attorney Fayard could negotiate to have the charges reduced, file a motion to get the charges dismissed, or beat the state in trial. Attorney Fayard has successfully defended clients accused of some of the most severe sex offenses with great results.

Despite your best efforts, the prosecutor might pursue misdemeanor or felony charges against you. When Michael Fayard is handling your case, you can trust him to work hard in crafting your defense. He’ll leave no stone unturned in looking for evidence that supports your innocence, and he has the experience and abilities to take the state to task in a jury trial if they fail to provide you a reasonable result.

Michael Fayard Can Defend You Against Hawaii Sex Offenses

Don’t hesitate to call Michael Fayard if you’re being investigated for or have been charged with:

• Child Pornography: In Hawaii, the law banning child pornography is promoting child abuse in the first degree. If you produce or participate in making child pornography, you face a Class A felony. You can be charged with a Class B felony for promoting child abuse in the second degree if you disseminate, reproduce, or possess 30 or more images of child pornography. You face a Class C felony for promoting child abuse in the third degree if you possess child pornography. You can also face Federal crimes for child pornography charges depending on the nature of allegations against you.
• Sexual Assault: You can be charged with sexual assault if you subject someone to sexual penetration or contact through strong compulsion or subject a minor or someone who is mentally incompetent or physically helpless to sexual penetration or contract. Depending on the circumstances, you can be charged with sexual assault in the first, second, third, or fourth degree. First-degree sexual assault is a Class A felony, second-degree sexual assault is a Class B felony, third-degree sexual assault is a Class C felony, and fourth-degree sexual assault is a misdemeanor.
• Rape: Hawaii doesn’t have a statute labeled rape. Instead, sexual penetration by force and without consent falls under the sexual assault laws. The degree of the charge will depend on the severity of your alleged actions, the alleged victim’s age, and other aggravating factors.
• Continuous Sexual Assault of a Minor: You face a Class A felony if you perform sexual penetration or contact on a minor under 14 years old three or more times.
• Statutory Rape: This is another crime that falls under Hawaii’s sexual assault laws. You can be charged with first-degree sexual assault if you perform penetrative sex on a minor younger than 14 years old or who is 14-16 years old, and you’re at least five years older. You can be charged with third-degree sexual assault if you have sexual contact with someone 14 years or younger or who is 14-16 years old, and you’re at least five years older.
• Prostitution: You can be charged with prostitution if you agree to engage in sexual conduct with someone for a fee, whether you intend to pay or receive that fee. Prostitution is a petty misdemeanor in Hawaii unless human trafficking is involved, and then it becomes a Class C felony. A first offense is a petty misdemeanor charge, and you can be fined between $500 and $1,000 and be imprisoned for up to 30 days. You may also face probation.
• Indecent Exposure: If you intentionally expose your genitals to someone, and your conduct is likely to offend the person, you face a petty misdemeanor. There’s also a separate charge for an indecent electronic display to a child. If you intentionally expose a minor to your genitals online, you could face a misdemeanor charge.
• Solicitation of a Minor: If you use an electronic device to intentionally or knowingly communicate with a minor with the intent to commit a felony, you face a Class B or C felony.

Hawaii Sex Offender Laws

If you’re convicted of a sex crime, you’ll be required to register for up to life. You’ll have to deal with your name, photo, personal information, and conviction information being public for decades in every state you live in. Your registration will also subject you to additional registration requirements everywhere you go, including on vacation. Violating any condition of your registration can result in new felony charges where you can face a potential five-year prison term.

How long you’re required to register depends on whether you’re convicted of a Tier 1, 2, or 3 offense.

• Tier 3 offenders register for life and can’t petition the court to terminate the registration requirement. Most instances of sexual assault are Tier 3 crimes.
• Tier 2 offenders can petition the court to terminate the registration requirement after 25 years of maintaining a clean record. Some sexual assault, child pornography, and prostitution convictions are Tier 2 crimes.
• Tier 1 offenders can ask the court to end the registration requirement after 10 years. Lower-level sex offenses, like Class C felonies and misdemeanors, might be Tier 1 crimes.

You’re required to reregister annually, as well. If you fail to initially register or check-in with the authorities, you can be charged with a Class C felony. If you’re accused of not registering, which can happen if you miss the deadline, call a sex offender lawyer immediately for help.

Always talk with a sex crimes lawyer to understand what tier a conviction would place you in. You should have a clear picture of what you’re facing when you head to court.

Sex Crime Defenses

Sex crime allegations or charges don’t mean you’ll be convicted. With Michael Fayard’s help, you can prove your innocence.

There are possible defenses to sex crimes:

• False Allegations: It could be you’re facing false accusations from someone with an ulterior motive, like embarrassment or revenge.
• Consent: You might have reasonably believed you had the other person’s consent to participate in a sexual activity with them.
• Mistake of Identity: The police might have the wrong person and arrested you for a crime someone else committed.
• Insufficient Evidence: Attorney Fayard might focus on the prosecution’s lack of evidence that you committed the offense.
• Inaccurate Electronic Evidence: Prosecutors like to claim they have electronic evidence for possession of child pornography cases and other matters involving electronic communications. But you can fight back and show that you did not intentionally or knowingly download any child pornography.
• Entrapment: if you were the victim of an online sex sting, talk with attorney Fayard right away. Sometimes, the undercover officer’s conduct goes too far. You might have been talked into saying or doing something you normally wouldn’t.

Get Help Right Away

You don’t have time to waste when you’ve been charged or accused of a sex crime. You have to start protecting and defending yourself right away. Call Michael Fayard at 808-445-6708 or use the online contact form to set up a free consultation. This is your opportunity to tell your side of the story and get advice on moving forward.