HIV-Related Charge Lawyer
Helping Individuals with a Powerful Defense against Federal HIV-Related Criminal Charges
Although over the years, there have been numerous advancements in treating HIV and protecting against its spread, HIV continues to be a deadly disease that kills people. Consequently, there are several criminal statutes on the books that criminalize – and impose penalties – when HIV-positive individuals knowingly place others at risk of contracting the virus. These types of activities include transmitting HIV to a sexual partner on purpose and knowingly donating bodily fluids that are infected with the HIV virus. While some HIV-related offenses are prosecuted at the federal level, the majority of these cases are prosecuted at the state level. In those instances, the laws of the individual states govern the outcome of a particular case.
The criminal penalties associated with HIV-related offenses can be harsh. If you have been charged with one of these offenses and are awaiting trial, it is important that you have an experienced criminal defense attorney by your side who knows his way around the courtroom. The federal criminal defense attorneys at the Joslyn Criminal Defense Law Firm can first meet with you to discuss the nature of your criminal charge, as well as the circumstances behind it.
When our defense firm handles your criminal case, you can rest assured that we will do everything possible to defend your case and minimize the consequences of any conviction. Call today at (614) 444-1900 or contact us online to learn more about how we could assist you with your state or federal criminal matter.
Donating Blood that is HIV-Positive
Under the law, it is illegal for an individual, while knowing that he or she is HIV-positive, to donate or sell plasma, blood, or a blood product that is likely to be used as a part of a blood transfusion to another person. Doing so could result in a fourth-degree felony charge and conviction. Upon conviction of the charge, the accused could receive between six and 12 months in jail, along with a monetary fine of $5,000.
Infecting another Person with HIV
An individual who is HIV-positive, and who knowingly infects another person with HIV, could ultimately be charged with and convicted of committing a felonious assault. Consequently, it is against the law for anyone who knows that he or she is HIV-positive to engage in any of the following activities:
- Engage in conduct of a sexual nature with an individual who under the age of 18 and who is not the spouse of the HIV-positive person
- Engage in conduct of a sexual nature with an individual who does not have sufficient mental intelligence or capacity to understand the importance of HIV-positive status
- Engage in conduct of a sexual nature with any individual without disclosing his or her HIV-positive status with the sexual partner
Taking part in any of these activities could result in a second-degree felony charge. Upon conviction, the accused would be looking at between two and eight years of incarceration, along with maximum monetary fines of $15,000. In cases where the alleged victim is a peace officer, the accused could be charged with and convicted of a first-degree felony offense. Upon conviction, the accused could be sentenced to between three and 11 years of jail time, along with $20,000 in monetary fines.
Solicitation and Prostitution Offenses Involving HIV-Positive Individuals
It is illegal under both federal and state law to offer money or something else of value, in exchange for sexual services or activities. However, in cases where the individual doing the soliciting is aware of his or her HIV-positive status, that person could ultimately face third-degree felony charges. If a prosecutor ultimately obtains a conviction against the accused, then the accused could be sentenced to between nine months and five years in jail, along with a maximum monetary fine of $10,000. In cases where the accused committed the offense before July 1, 1996, the accused could be charged with a second-degree felony. Upon conviction, he or she could be sentenced to between two and eight years in jail, as well as a $15,000 monetary fine.
In addition to solicitors, individuals who commit a crime of prostitution while knowing of their HIV-positive status could face serious charges and penalties. “Ordinary” prostitution could result in a third-degree misdemeanor charge for the accused. However, a person who engages in prostitution while knowing of his or her HIV-positive status could be charged with a third-degree felony offense. Upon conviction, the accused individual could be sentenced to between nine months and five years in jail, along with a maximum monetary fine of $10,000. In criminal cases where the offense took place prior to July 1, 1996, the accused could face a second-degree felony charge, and upon conviction, could receive up to eight years of incarceration, along with a monetary fine in the amount of $15,000.
Charges for Harassment with a Bodily Substance
Individuals, regardless of whether they are being detained in a correctional facility or not, and while being aware that they are HIV-positive, are not allowed to force (or try to force) another person to contact their bodily fluids (including semen, blood, feces, or urine), for purposes of trying to harass, annoy, alarm, or threaten that other person. Upon conviction, the accused HIV-positive person could sustain a third-degree felony charge. Upon conviction, he or she could receive between nine months and five years in jail, along with $10,000 in potential monetary fines.
Call an HIV-Related Charge Lawyer about Your Case
If you are currently facing an HIV-related charge at the state or federal level, attorney Brian Joslyn of the Joslyn Criminal Defense Law Firm is here to help. Criminal cases of this nature are difficult – if not impossible – to defend on your own. However, with the help of an experienced attorney, you significantly increase your chances of obtaining a favorable outcome in your case.