Sexual Assault Defense

Sexual Assault Defense Attorney in Fishers

Personal Representation from Investigation Through Verdict

A sexual assault charge in Indiana moves fast, and the decisions you make in the first hours and days shape everything that follows. Whether law enforcement has contacted you as part of an active investigation or formal charges have already been filed, this isn’t a situation to navigate without a defense attorney. The accusation alone, before any court date, can upend employment, housing, and custody arrangements.

I’m David Shircliff, a criminal defense attorney based in Fishers, Indiana, practicing since 1990. At Shircliff Law LLC, I personally handle every case from the first call through resolution. There are no associates to hand your file off to, no junior attorneys managing your court appearances. When you hire me, you get me.

If you’re facing a sexual assault charge in Fishers or anywhere in Hamilton County, don’t wait. Call Shircliff Law LLC at (317) 936-3404 for a free consultation. Virtual appointments are available.

Why Trial Experience Matters in Sexual Assault Cases

Sexual assault charges are among the most aggressively prosecuted in Hamilton County. The stakes run from years in prison to lifetime registration on Indiana’s Sex and Violent Offender Registry. You need a defense attorney who has been inside a courtroom, not just reviewed files in one.

I’ve served as lead counsel in more than 180 jury trials and have handled thousands of cases ranging from misdemeanors to serious felonies, including rape and sex offenses. My career started with years as a public defender, which gave me direct insight into how prosecutors build their cases and where those cases can be challenged. That perspective informs every defense strategy I develop today.

I also serve as an adjunct professor at the Indiana University Robert H. McKinney School of Law in Indianapolis. My clients describe me as “relentless and decisive” and “sincere, upfront, honest, reliable.” I call my approach “compassionately aggressive”: I give you a clear-eyed, honest assessment of where things stand, and I fight hard from there. I don’t sugar-coat, and I don’t back down. I serve clients across nine counties in Central Indiana, with Hamilton County as the primary focus of my Fishers-based practice.

Indiana Sexual Assault Charges: What You’re Actually Facing

Indiana has no single statute labeled “sexual assault.” That term is widely understood and commonly searched, but when the state charges someone, it does so under specific laws. The two most relevant are rape under IC 35-42-4-1 and sexual battery under IC 35-42-4-8. Understanding which charge applies and what the state must prove determines the entire shape of your defense.

Rape (IC 35-42-4-1)

Indiana defines rape as knowingly or intentionally having sexual intercourse with another person when that person is compelled by force or imminent threat of force, is unaware the act is occurring, or has a mental disability that prevents consent. In July 2022, Indiana expanded this definition to include situations where the person disregarded another person’s attempts to physically, verbally, or by other visible conduct refuse the act.

Rape is generally charged as a Level 3 felony, carrying 3 to 16 years in prison and a fine of up to $10,000. The charge elevates to a Level 1 felony, with a sentencing range of 20 to 40 years, when aggravating factors are present. Under IC 35-42-4-1, those factors include using or threatening deadly force, being armed with a deadly weapon, causing serious bodily injury to a person other than the defendant, or furnishing the victim with a drug or controlled substance without their knowledge.

Sexual Battery (IC 35-42-4-8)

Sexual battery is a Level 6 felony in its base form, carrying 6 months to 2.5 years in prison. When aggravated by use or threat of deadly force, a deadly weapon, or drugging the victim, it becomes a Level 4 felony with a range of 2 to 12 years.

Sex Offender Registration

A conviction for certain sex offenses triggers mandatory registration with Indiana’s Sex and Violent Offender Registry, a publicly accessible database that imposes ongoing residency, employment, and travel restrictions. For many clients, addressing registration consequences is as important as defending against prison exposure. Consent is a central legal issue in most of these cases. Indiana law does not presume consent when a victim was furnished a controlled substance without their knowledge or when the victim has a qualifying mental disability.

What Sets Shircliff Law LLC Apart?

Clear Guidance. Strong Defense. Always on Your Side.

Over 30 Years Experience
With over 30 years of courtroom experience, David Shircliff brings unmatched legal insight to every case.
Honest, Relentless & Decisive
We tell you the truth, fight without hesitation, and act with purpose at every stage.
Won At Every Level
From local courts to federal appeals, we know how to win — and we’ve done it.
Hands-On Approach
We work with you one-on-one, staying hands-on through every phase of your case.

How I Defend Sexual Assault Charges in Fishers

Felony sexual assault cases arising in Fishers are heard at the Hamilton County Judicial Center in Noblesville, which houses the Circuit Court and Superior Courts. I appear in Hamilton County courts regularly, and that familiarity with local judges and prosecutors is part of what I bring to your defense.

My approach is built on independent investigation, not just a review of what the state hands over. I challenge the reliability and consistency of witness testimony, examine the chain of custody for forensic evidence, and move to suppress evidence obtained through improper police procedures when grounds exist. Thirty-plus years of trial experience means I know where procedural errors occur and how to use them.

Digital communications, text messages, and social media content appear in sexual assault cases with increasing frequency. Early preservation of relevant materials can be critical to the defense. Both the Fishers Police Department and the Hamilton County Sheriff’s Office may be involved in a given case, and understanding which agency conducted the investigation matters when evaluating how evidence was gathered.

Consent is often at the center of these cases. I’m experienced at exposing inconsistencies in the prosecution’s account and building a defense around what the evidence actually shows, not what the state claims it shows. When the circumstances call for it, I bring in qualified witnesses to address forensic or scientific questions the jury needs to understand.

Talk to a Sexual Assault Defense Attorney in Fishers Today

The sooner you have counsel involved, the more options you can have. I offer a free consultation to discuss your situation before any financial commitment, and virtual appointments are available if you can’t come to the office. I return calls promptly and keep clients informed at every stage. Flexible fee arrangements are available to help manage the cost of your defense.

Call Shircliff Law LLC at (317) 936-3404 to speak with me directly about your case. I’m the attorney who can be in your corner from day one.

Steps to Take If You’re Accused of Sexual Assault in Fishers

What you do before charges are filed matters as much as what happens in court. These steps protect your rights during the period when most mistakes are made.

Exercise Your Right to Remain Silent
If law enforcement contacts you about a sexual assault allegation, you have the right to remain silent and the right to have an attorney present before answering any questions. Exercising that right doesn’t imply guilt. Statements made to police during the early stages of an investigation can and will be used as evidence at trial.

Do Not Contact the Alleged Victim or Witnesses
Reaching out, even to explain or clarify your account, can be misinterpreted or result in additional charges such as intimidation. If a no-contact order is already in place, strict compliance isn’t optional. Violating it can result in revocation of bond and new charges.

Preserve, Don’t Delete
Deleting messages, photos, or other digital content from your devices after an accusation can be treated as destruction of evidence. Preserve everything that may be relevant and let your attorney assess what matters.

Understand Your Bond Conditions
Conditions imposed at your initial hearing may restrict travel, contact with certain individuals, or substance use. Violations can result in revocation and additional criminal exposure.

Retain Counsel Before Charges Are Filed
People under investigation before formal charges are filed can still benefit from having a defense attorney involved. Early legal representation can affect whether charges are filed at all, and what form they take when they are. If you’re in Fishers or anywhere in Central Indiana and law enforcement has contacted you, call (317) 936-3404 to speak with me directly.

Contact Shircliff Law LLC Today

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