Sex Offense Defense Attorney in Forsyth, Hall & Dawson Counties
Defending People Accused of Sex Crimes in North Georgia
Few accusations change a life as quickly as a sex offense charge. An arrest can lead to time in jail before trial, strict bond conditions and, after a conviction, long prison sentences and registration as a sex offender.
Jennifer Scalia spent more than two decades as a prosecutor, including years at the Forsyth County District Attorney’s Office, where her work focused on crimes against children, domestic violence and other serious violent felonies. She knows how these cases are investigated, how forensic interviews and digital evidence are used, and how prosecutors decide what to charge. Today she uses that experience to defend people accused of sex offenses in Forsyth, Hall and Dawson counties.
How Georgia Prosecutes Sex Offenses
Most sex offenses in Georgia are felonies prosecuted in Superior Court, and several carry some of the harshest penalties in the criminal code:
- Bond is restricted. For rape, aggravated sodomy, aggravated child molestation and aggravated sexual battery, only a Superior Court judge can set bond. A petition for bond must be set for a hearing within 10 days (O.C.G.A. § 17-6-1).
- Sentences can include life. Aggravated sodomy and aggravated sexual battery are punishable by life in prison or a split sentence of at least 25 years followed by probation for life (O.C.G.A. §§ 16-6-2, 16-6-22.2).
- Prior convictions raise the stakes. A person with a prior sexual felony conviction faces life or a split sentence with lifetime probation and electronic monitoring.
- Consent rules differ for minors. When the alleged victim is under 16, consent is generally not a defense to sexual battery or aggravated sexual battery, though Georgia law treats some close-in-age cases between teenagers differently.
Charges I Defend
Sex Offense Charges in Georgia
Aggravated Sodomy
Sodomy committed with force and against the person’s will, or with a child under 10 (O.C.G.A. § 16-6-2).
Penalty: life, or 25 years to life followed by probation for life.
Aggravated Sexual Battery
Penetration of the sexual organ or anus with a foreign object without consent (O.C.G.A. § 16-6-22.2).
Penalty: life, or 25 years to life followed by probation for life.
Sexual Battery
Intentional contact with another person’s intimate parts without consent (O.C.G.A. § 16-6-22.1).
Penalty: high and aggravated misdemeanor; 1 to 5 years if the person is under 16 or on a second conviction.
Enticing a Child
Soliciting, enticing or taking a child under 16 anywhere for indecent purposes (O.C.G.A. § 16-6-5).
Penalty: 10 to 30 years.
Sexual Exploitation of Children
Producing, distributing or possessing images of a minor in sexually explicit conduct (O.C.G.A. § 16-12-100).
Penalty: 5 to 20 years and a fine up to $100,000.
Public Indecency
Lewd exposure, lewd nudity or sexual acts in a public place (O.C.G.A. § 16-6-8).
Penalty: misdemeanor; 1 to 5 years on a third conviction for certain acts.
Accusations of immoral or indecent acts involving a child under 16, including aggravated child molestation.
See my child molestation defense page for penalties and defenses.
Accusations of rape, one of the most serious charges in Georgia law.
See my rape defense page for penalties and defenses.
Aggravated Sodomy
Sodomy committed with force and against the person’s will, or with a child under 10 (O.C.G.A. § 16-6-2).
Penalty: life, or 25 years to life followed by probation for life.
Aggravated Sexual Battery
Penetration of the sexual organ or anus with a foreign object without consent (O.C.G.A. § 16-6-22.2).
Penalty: life, or 25 years to life followed by probation for life.
Sexual Battery
Intentional contact with another person’s intimate parts without consent (O.C.G.A. § 16-6-22.1).
Penalty: high and aggravated misdemeanor; 1 to 5 years if the person is under 16 or on a second conviction.
Enticing a Child
Soliciting, enticing or taking a child under 16 anywhere for indecent purposes (O.C.G.A. § 16-6-5).
Penalty: 10 to 30 years.
Sexual Exploitation of Children
Producing, distributing or possessing images of a minor in sexually explicit conduct (O.C.G.A. § 16-12-100).
Penalty: 5 to 20 years and a fine up to $100,000.
Public Indecency
Lewd exposure, lewd nudity or sexual acts in a public place (O.C.G.A. § 16-6-8).
Penalty: misdemeanor; 1 to 5 years on a third conviction for certain acts.
Accusations of immoral or indecent acts involving a child under 16, including aggravated child molestation.
See my child molestation defense page for penalties and defenses.
Accusations of rape, one of the most serious charges in Georgia law.
See my rape defense page for penalties and defenses.
Feel Free To Reach Us Out!
- (470) 505-9791
- jennifer@lawofficeofjenniferscalia.com
- Law Office of Jennifer Scalia Cumming, Georgia, United States
Former Prosecutor
More than two decades prosecuting cases in Hall and Forsyth counties.
Focused Defense
Defending people accused of sex offenses, rape and other serious felonies.
Confidential Consultation
A free, confidential consultation to review the charges and your options.
23+ Years of Prosecutorial Experience
Why Work With a Former Prosecutor
Sex offense cases often turn on details: how a forensic interview was conducted, how statements were obtained, what digital evidence actually shows, and whether the account has changed over time. Having prosecuted serious violent felonies and crimes against children, I know where these cases are strong and where they are vulnerable.
I review every piece of the State’s evidence, look for constitutional problems in how it was gathered, and prepare each case as if it will go to trial. I explain your options in plain language and keep you informed at every stage.
What to Expect
After a Sex Offense Arrest in Georgia
The Process, Step by Step
- Arrest and first appearance. A person arrested on a warrant must be brought before a judge within 72 hours, or within 48 hours if arrested without a warrant.
- Bond. For rape, aggravated sodomy, aggravated child molestation and aggravated sexual battery, only a Superior Court judge can set bond. Bond conditions commonly include no contact with the alleged victim.
- Indictment. The District Attorney presents the case to a grand jury, which decides whether to return an indictment.
- Arraignment and motions. The charges are formally read, and the defense can file motions challenging evidence and the way it was obtained.
- Plea negotiations or trial. Many cases are resolved by agreement, but every accused person has the right to a jury trial.
Consequences Beyond the Sentence
- Sex offender registration. Many sexual offense convictions require registration on Georgia’s sex offender registry (O.C.G.A. § 42-1-12), with ongoing reporting obligations.
- Probation for life. Split sentences for the most serious offenses are followed by lifetime probation.
- Electronic monitoring. For people with a prior sexual felony conviction, the court must order electronic monitoring as a condition of probation.
- Everyday life. A conviction can affect employment, housing, professional licenses and family matters.
Frequently Asked Questions
Should I talk to the detective to clear my name?
You have the right to remain silent and the right to a lawyer. Statements to investigators, including recorded phone calls, are often used as evidence. Speak with a defense attorney before answering questions.
Is every sex offense a felony in Georgia?
No. A first sexual battery involving an adult and most public indecency charges are misdemeanors. Most other sex offenses are felonies.
What if both people were teenagers close in age?
Georgia law treats some close-in-age cases differently. For example, sodomy and enticing charges can be misdemeanors when the accused is 18 or younger and no more than four years older than a teenage alleged victim, depending on the ages involved.
Do you handle cases in Forsyth, Hall and Dawson counties?
Yes. The office is in Cumming, and Jennifer Scalia defends clients in courts across Forsyth, Hall and Dawson counties and surrounding areas.
Related Guides
Areas We Serve
Criminal Defense in Forsyth, Hall & Dawson Counties
Cumming and all of Forsyth County. Felony cases are heard in Forsyth County Superior Court, part of the Bell-Forsyth Judicial Circuit.
Gainesville and all of Hall County. Felony cases are heard in Hall County Superior Court, part of the Northeastern Judicial Circuit.
Dawsonville and all of Dawson County. Felony cases are heard in Dawson County Superior Court, part of the Northeastern Judicial Circuit.
Cumming and all of Forsyth County. Felony cases are heard in Forsyth County Superior Court, part of the Bell-Forsyth Judicial Circuit.
Gainesville and all of Hall County. Felony cases are heard in Hall County Superior Court, part of the Northeastern Judicial Circuit.
Dawsonville and all of Dawson County. Felony cases are heard in Dawson County Superior Court, part of the Northeastern Judicial Circuit.
Request a Free, Confidential Consultation
If you have been arrested, are under investigation or have been contacted by a detective about a sex offense, speak with a defense attorney before you answer questions. Call (470) 505-9791 for a free, confidential consultation.
Serving Forsyth, Hall & Dawson Counties
The Law Office of Jennifer Scalia defends people accused of sex offenses in Cumming and Forsyth County, Gainesville and Hall County and Dawsonville and Dawson County, as well as surrounding areas including Dahlonega and Lumpkin County.