McClain County Sex Crime Defense Attorney

Clear Guidance When Your Future Feels Uncertain

Being accused of a sex crime is one of the most stressful and life-altering events a person can face. In Oklahoma, the legal system and the court of public opinion often move in tandem, creating a high-pressure environment for the accused. Whether you are facing charges in Purcell, Blanchard, or Newcastle, the stakes could not be higher.

At Schumacher Law Group, we understand that a charge is not a conviction. Our firm provides a rigorous defense for those accused of sexual offenses in McClain County, ensuring that your side of the story is heard and your constitutional rights are protected. If you are searching for a qualified sex crime lawyer, you need an advocate who understands the nuances of Oklahoma’s specific statutes and the local court procedures. With more than 30 years of experience, Attorney Tracy Schumacher is a former judge and prosecutor who understands the intricacies of the criminal justice system and what it takes to obtain the best possible outcome.

To discuss your case in a confidential consultation, call (405) 643-4884.

What is Considered a Sex Crime in Oklahoma?

In Oklahoma, sex crimes are broadly defined as any criminal act involving nonconsensual sexual contact, sexual exploitation, or prohibited sexual conduct. These offenses are governed primarily by Title 21 of the Oklahoma Statutes.

A critical aspect of Oklahoma law is the definition of consent. Under the Justice for J.W. Act, consent must be an affirmative, unambiguous, and voluntary agreement to engage in a specific act. If a person is incapacitated by drugs or alcohol, unconscious, or under the age of 18, they are legally incapable of providing consent in most circumstances.

Common Types of Sex Crimes

The legal team at Schumacher Law Group defends clients against a wide array of sex-related charges. Each charge carries unique elements that the prosecution must prove beyond a reasonable doubt.

• Rape (First and Second Degree): First-degree rape often involves force, threats of violence, or a victim who is unconscious or under the age of 14. Second-degree rape frequently involves "statutory rape" scenarios where the victim is 14 or 15, and the defendant is over 18, or 16 and 17, and the defendant is more than four years older.
• Lewd or Indecent Acts to a Child: This involves any lewd proposal or physical act with a child under the age of 16. These are strictly prosecuted and often lead to high-level registration requirements.
• Forcible Sodomy: This involves nonconsensual oral or anal sex accomplished by force or threat of force.
• Sexual Battery: This is the nonconsensual touching of a person's intimate parts for sexual arousal or abuse.
• Indecent Exposure: While sometimes viewed as a lesser offense, a conviction still requires sex offender registration and can carry up to 10 years in prison.
• Internet Sex Crimes: This includes the possession or distribution of child pornography, as well as the solicitation of a minor via social media or messaging apps.

The Consequences of a Conviction

The penalties for sex crimes in McClain County are among the harshest in the state. Depending on the severity of the charge, consequences may include:

• Imprisonment: Sentences can range from one year to life without parole. Many sex crimes fall under Oklahoma’s 85% Rule, meaning you must serve at least 85% of your sentence before becoming eligible for parole.
• Sex Offender Registration: Most convictions require registration on the Oklahoma Sex Offender Registry for 15 years, 25 years, or life. This affects where you can live (staying 1,000 to 3,000 feet away from schools and parks) and where you can work.
• Permanent Criminal Record: A felony sex crime conviction can never be expunged in many cases, making it nearly impossible to find housing or professional employment.

Legal Defenses to Sex Charges

Facing these charges does not mean your case is hopeless. At Schumacher Law Group, we examine every detail of the prosecution's case to find weaknesses. Common defense strategies include:

False Accusations

It is a hard truth that false allegations occur. These may stem from a bitter divorce, child custody disputes, or personal vendettas. We investigate the motives and credibility of the accuser to uncover the truth.

Consent

If the parties were both of legal age and the encounter was consensual, this is a powerful defense. We utilize digital evidence, such as text messages and social media interactions, to demonstrate the nature of the relationship.

Mistaken Identity

In cases involving strangers or low-visibility environments, eyewitness identification is notoriously unreliable. We work to establish alibis and utilize forensic evidence to prove our clients were not involved.

Violation of Constitutional Rights

If the police conducted an illegal search of your phone or computer, or failed to read your Miranda rights during a "custodial interrogation," we can move to have that evidence suppressed.

Sex Crime FAQs

What should I do if police contact me about a sex crime?

The safest step is to avoid answering questions until you have talked with a defense attorney. You have the right to remain silent and to ask for a lawyer. We can review what is happening, explain your options, and help you decide how to respond.

How do sex crime cases usually move through McClain County court?

These cases typically start with an investigation, then may involve arrest, bond, arraignment, preliminary hearing, motions, and possibly trial in McClain County District Court. The exact path depends on the charges and decisions by the prosecution and the court. Our team guides clients through each stage and explain what to expect.

What is the "Romeo and Juliet" law in Oklahoma?

Oklahoma provides a "close-in-age" exception. If both individuals are at least 16 and the older person is no more than four years older than the younger person, consensual activity may not be prosecuted as rape. However, this is a complex defense and requires specific conditions to be met.

Will I have to register as a sex offender if my charges are deferred?

In some cases, a skilled attorney can negotiate a plea that avoids a formal conviction or registration. However, many sex crimes are ineligible for deferred sentences. It is vital to discuss the specific charge with your lawyer.

Can I be charged with a sex crime even if no physical force was used?

Yes. If the prosecution alleges the victim was unable to consent due to intoxication or mental incapacity, you can be charged with a serious felony even without allegations of physical violence.

What should I do if the police want to talk to me about an allegation?

Do not speak to the police without a lawyer present. Even if you are innocent, law enforcement may use your words out of context to build a case against you. Politely decline to answer questions and contact Schumacher Law Group immediately.

Can you help if I have not been arrested yet?

Yes, we often speak with people who know they are under investigation but have not been arrested. Early advice can be important. Our team can talk with you about your rights, potential next steps by investigators, and what you can do now to avoid mistakes that might hurt your case later.

How private will my information be with your office?

Conversations with my office about your case are confidential. Our McClain County sex crime lawyers understand how sensitive sex crime allegations are, especially in a close community. We treat you with respect, avoid judgment, and work carefully to handle your matter with discretion at every stage.

If you need confidential legal guidance, we encourage you to reach out and talk with me about your situation.