Sexual Abuse Defense Lawyer in Newport News
Former Newport News Prosecutor Now Defending Sexual Battery & Aggravated Sexual Battery Charges
Sexual abuse charges under Virginia law aren’t the same as sexual assault charges. Each falls under a distinct statutory category with its own elements, penalty ranges, and defenses. If you’re facing charges in Newport News, VA under Va. Code 18.2-67.4 (sexual battery) or 18.2-67.3 (aggravated sexual battery), this is the page you need. Ehrenworth Law, PLLC defends these specific charges throughout the Hampton Roads area, led by attorney Scott Ehrenworth, a former prosecutor with the Newport News Commonwealth’s Attorney’s Office. Free consultations are available.
Contact Ehrenworth Law, PLLC now to discuss your case with a former Newport News prosecutor who knows how these charges are built and how to challenge them. Call (757) 663-4477 any time, day or night.
How Virginia Law Defines Sexual Abuse
Virginia Code section 18.2-67.10(6) defines sexual abuse as an act committed with intent to sexually molest, arouse, or gratify another person. The act must involve intentional touching of intimate parts, forcing the complaining witness to touch intimate parts, or, for victims under 13, causing or assisting the victim to touch intimate parts. Under Virginia law, intimate parts include the genitalia, anus, groin, breast, or buttocks of any person, and the chest of a child under 15.
That definition anchors three separate charges the Commonwealth can bring:
- Sexual Battery (Va. Code 18.2-67.4): Applies when the accused sexually abuses the complaining witness against their will by force, threat, intimidation, or ruse. It also applies when the accused sexually abuses more than one witness, or one witness on more than one occasion, within a two-year period. Sexual battery is a Class 1 misdemeanor, carrying up to 12 months in jail and a fine of up to $2,500.
- Aggravated Sexual Battery (Va. Code 18.2-67.3): A felony that applies when the victim is under 13, when the accused exploits the victim’s mental incapacity or physical helplessness, when the offender is a parent, step-parent, grandparent, or step-grandparent of a victim aged 13 to 17, or when force or threats are combined with a victim aged 13 to 14, serious bodily or mental injury, or use of a dangerous weapon. Conviction carries 1 to 20 years in a state correctional facility and a fine of up to $100,000.
- Sexual Abuse of a Child Under 15 (Va. Code 18.2-67.4:2): Applies when an adult commits sexual abuse with lascivious intent against a child who is 13 or older but under 15. This charge is a Class 1 misdemeanor, though a third misdemeanor sexual battery conviction within 10 years escalates to a Class 6 felony under Va. Code 18.2-67.5:1.
Virginia law doesn’t require proof that the complaining witness physically resisted. The absence of resistance may be considered, but it isn’t dispositive on its own.
Criminal Penalties and What Follows a Conviction
The criminal penalties above are only part of what a conviction brings. Depending on the charge and circumstances, a conviction under these statutes can trigger mandatory registration on the Virginia Sex Offender Registry, a requirement that follows a person long after any jail term or fine is paid. Because arrest records are public in Virginia, reputational harm can begin before any verdict is reached.
Beyond the registry, a conviction can cost you your job, place professional licenses at risk, affect child custody or visitation rights, and affect firearm rights. These consequences don’t wait for sentencing. The moment charges are filed, the effects on your personal and professional life can begin, which is why early legal representation matters.
Why Newport News Defendants Choose Ehrenworth Law, PLLC
Attorney Scott Ehrenworth prosecuted cases in the Newport News Commonwealth’s Attorney’s Office and the Portsmouth Commonwealth’s Attorney’s Office before transitioning to criminal defense. That background gives him firsthand knowledge of how Newport News prosecutors approach sexual abuse cases, what evidence they prioritize, and where their cases can be vulnerable.
Our firm has defended clients since 1998 and holds a Superb Avvo Rating. We represent clients across the Hampton Roads Metropolitan Area from office locations in Newport News and Virginia Beach. Every defense strategy we develop is built around the specific facts of your case. We’re available 24 hours a day, 365 days a year, and we offer free consultations so you can get answers before making any decisions.
Defense Strategies in Virginia Sexual Abuse Cases
The prosecution must prove every element of the charged offense beyond a reasonable doubt. The defense doesn’t have to disprove every fact, only raise reasonable doubt about one. Because attorney Ehrenworth prosecuted these cases, he understands how the Commonwealth builds its case and, critically, where that case can be challenged.
Depending on the specific facts, defense angles in sexual abuse cases may include:
- Insufficient Corroboration: The complaining witness’s account lacks independent corroboration or contains material inconsistencies that undermine reliability.
- Absence of Required Intent: The prosecution must prove the accused acted with intent to sexually molest, arouse, or gratify. Evidence may show the act wasn’t intentional or was mischaracterized.
- Statutory Definition Not Met: The conduct alleged may not constitute touching of intimate parts as defined under Va. Code 18.2-67.10, meaning a required element of the charge isn’t satisfied.
- Consent: In cases involving adult complaining witnesses, evidence of consent can directly challenge the force or intimidation element the Commonwealth must establish.
- False Allegations: Accusations motivated by a custody dispute, personal conflict, or misunderstanding do occur. Evidence of motive to fabricate isn’t barred by Virginia’s rape shield law (Va. Code 18.2-67.7), which restricts prior sexual conduct evidence but doesn’t block evidence of fabrication.
- Minor Witness Credibility: In cases involving alleged child victims, the consistency of the child’s statements and how and when the disclosure was first made can be a critical area of examination.
- Forensic Evidence Weaknesses: When physical evidence is part of the prosecution’s case, examining how that evidence was collected and analyzed may reveal vulnerabilities.
The defenses available to you depend on the specific charge, the evidence the Commonwealth holds, and the circumstances surrounding the accusation. We build that analysis from the start, not the week before trial.
How Sexual Abuse Cases Move Through the Newport News Courts
An investigation may begin before any arrest. Law enforcement sometimes contacts the accused to request a voluntary interview. Speaking with investigators without an attorney present can be harmful to your case, regardless of your innocence. If anyone from law enforcement contacts you about a sexual abuse allegation, call us before you respond.
Arrest & Initial Hearing
Following arrest, an initial hearing determines bond eligibility and formally advises you of the charges. For felony charges such as aggravated sexual battery, a preliminary hearing in the general district court allows the prosecution to establish probable cause before the case is certified to the Newport News Circuit Court.
Pretrial Motions & Discovery
During the pretrial phase, we can file motions to suppress evidence, challenge the charging document or warrant, and conduct discovery to evaluate what evidence the Commonwealth actually holds. This phase is often where the most important work happens. Understanding the prosecution’s evidence early shapes every decision that follows.
Resolution: Plea or Trial
Cases may resolve through a negotiated plea or proceed to trial before a judge or jury in the Newport News Circuit Court. Felony sentencing follows the Virginia Sentencing Guidelines, though judges retain discretion within statutory ranges. We prepare every case as if it may go to trial, because that preparation can produce strong positioning at every stage.
Contacting a defense attorney as early as possible, including before charges are formally filed, is the most protective step you can take. Call Ehrenworth Law, PLLC at (757) 663-4477 or schedule your free consultation online. We’re available around the clock.
