Child Molestation Attorney in Fayetteville

Fayetteville Criminal Defense Backed by Prosecutorial Experience

If you’re under investigation or facing allegations involving a child in Fayetteville, Nelson & Marks PLLC provides direct representation through Jonathan Nelson or Thomas Marks. We bring more than 12 years of trial experience to criminal defense cases. Both attorneys have prosecutorial backgrounds, which inform how we assess the state’s evidence, investigative methods, and charging decisions.

We can become involved before formal charges are filed or after your case reaches court. Early review allows us to examine what investigators have gathered, how interviews were conducted, and whether constitutional or procedural issues require attention.

Call us at (479) 202-4541 to speak directly with a Fayetteville child molestation defense attorney.

How Arkansas Law Charges Child Molestation Allegations

Arkansas doesn’t use child molestation as the name of a standalone criminal charge. Conduct commonly described by that term may be prosecuted under Arkansas sexual-offense statutes, including the laws covering sexual abuse, sexual assault, and rape. The charge you face depends on the conduct alleged, the ages involved, and the relationship between the parties.

Arkansas charge classifications include:

• Rape: Class Y felony under Ark. Code § 5-14-103
• First-degree sexual assault: Classified as a Class A felony
• Second-degree sexual assault: Classified as a Class B felony
• Third-degree sexual assault: Classified as a Class C felony
• Fourth-degree sexual assault: Classified as a Class D felony or Class A misdemeanor, depending on the allegations

Arkansas Felony Sentencing Ranges

Under Arkansas sentencing law as of 2026, the authorized prison range follows the felony classification. A Class Y felony carries 10 to 40 years or life, while a Class A felony carries six to 30 years. The range is five to 20 years for a Class B felony and three to 10 years for a Class C felony. A Class D felony sentence can’t exceed six years.

A rape conviction involving a victim younger than 14 carries a minimum prison sentence of 25 years. If you’re convicted, your sentence depends on the offense of conviction and the facts the court is permitted to consider.

Registration Consequences Under Arkansas Law

Arkansas’s Sex Offender Registration Act requires sex offender registration for certain sex offenses and offenses against children. How long you must register depends on the offense, your classification, and other statutory factors. Some registrants can seek termination after the applicable waiting period, while others remain subject to lifetime registration.

Registration carries continuing reporting and compliance requirements. Failure to comply with Arkansas registration requirements is a Class C felony, creating exposure to a separate criminal charge.

Ending an Eligible Registration Obligation After 15 Years

As of 2026, if you’re eligible, you may apply to the sentencing court to terminate the registration obligation 15 years after first registering in Arkansas. The court must hold a hearing, and you must serve the prosecutor with a copy of the application at least 30 days before that hearing.

You must prove by a preponderance of the evidence, meaning more likely than not, that you haven’t been adjudicated guilty of a sex offense during the preceding 15 years and aren’t likely to pose a threat to others’ safety. This process isn’t available to people subject to lifetime registration.

Lifetime registration applies in specified circumstances, including:

• Aggravated sex offenses
• A Level 4 sexually dangerous person assessment
• Certain repeat sex offenses
• Rape by forcible compulsion
• Three or more convictions for failing to register

Eligibility requires review of the conviction, assessment, and registration record.

How We Defend Child Molestation Cases in Fayetteville

Our work begins with the allegations against you and the evidence supporting them. We review police reports, witness statements, forensic interview recordings, and the methods used to obtain physical or digital evidence. A forensic interview is a structured interview intended to gather information from a child while reducing suggestive or leading questioning.

Defense review can address:

• Witness credibility: Comparing statements for inconsistencies and examining the circumstances in which each account was given.
• Forensic-interview methods: Reviewing the questions, interview structure, and potential influence on the statements recorded.
• Evidence admissibility: Determining whether evidence was lawfully obtained and whether your constitutional rights were respected.
• Chain of custody: Examining how physical evidence was collected, transferred, stored, and tested.
• Investigative procedures: Identifying departures from required procedures that bear on the reliability or use of evidence.

Cases originating in Fayetteville may begin in Fayetteville District Court before felony proceedings move to Washington County Circuit Court. We appear in both courts and guide you through charging decisions, court appearances, evidence review, negotiations, and trial preparation.

The strategy available to you depends on the allegations and procedural record. When charge reduction or dismissal is a realistic option, we pursue it through negotiation. If your case proceeds to trial, Jonathan Nelson or Thomas Marks provides the courtroom representation rather than transferring the case to junior staff.

Our representation can also begin while you’re the subject of an active criminal investigation. Before charges are filed, we can review the allegations, communicate regarding the investigation, and assess whether the evidence or investigative process presents issues that should be addressed.

Discuss Your Fayetteville Child Molestation Case Directly with an Attorney

We offer free, confidential initial consultations so you can discuss the investigation or charges with an attorney. Flexible payment plans are available, and you receive direct access to the attorney handling your case, including personal cell numbers and 24/7 availability.

Call our Fayetteville child molestation defense attorneys at (479) 202-4541 to discuss your situation and the next steps available to you.