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Maryland Sexual Battery Lawyer

penaltiesAs defined by Maryland law, sexual battery is any kind of sexual assault against another person without their consent. Sexual battery offenses include things that people would commonly understand as rape in the first or second degree.

However, they can also include the kinds of activities that people might not be familiar with such sex offenses in the first, second, third, or fourth degree. All of those offenses have varying levels of violation but are all considered sexual assault or sexual battery by statute.

If you would like more information on how to handle a sexual battery case, a distinguished sex offense attorney can review your case and approach your trial by your side. A Maryland sexual battery lawyer can help you address any accusations that come your way.

Handling Sexual Battery Charges

Sexual battery is among the most serious kinds of criminal charges in the Maryland court system. Maryland courts take these charges seriously because they often involve incidents that take place between people who know each other. A Maryland sexual battery lawyer can help an individual navigate these charges and clarify what sets these cases apart from others. A significant portion of sexual assault cases are not between strangers but are between parties who have some kind of relationship with each other, whether it is familial, sexual or something of that nature.

Sexual battery charges are a particular focus because court systems are aware that when people know each other and they have lives that are intertwined. To the courts, this means that they may be more inclined to rely on each other. Therefore, the injured party suffers sexual batteries for longer periods of time and does not report them or seek out any help than people who are not in those same kinds of relationships. 

Perception of Sexual Battery

Maryland sexual battery lawyers have seen a variance of perception of these crimes based on the institution. Sexual battery is considered a violent offense in its colloquial terms. The court system perceives sexual battery as a violent and serious offense when it comes to punishment. Correctional institutions view sexual offenses with respect to the different categories where they are considered a violent or non-violent criminal offense.

Whether a person is considered a violent criminal depends on what they are convicted of. When somebody is convicted of a rape count, they are considered a violent criminal. However, somebody who is convicted of a fourth-degree sex offense is not necessarily considered violent.

Sexual Battery Conviction Penalties

Potential penalties can include decades in jail up to life in prison for some of the most serious offenses. Most often, people do not find themselves in prison for the rest of their lives.  They do find themselves being required to be on the sex offender registry. The sex offender registry is a requirement for somebody who is convicted of certain sexual offenses to make their presence known throughout the state and in the community.

The person must abide by certain regulations for 15 or 30 years, and sometimes for the rest of their life depending on the sexual assault conviction. People do not often take that into consideration when making decisions about how to proceed with respect to the assault case. A Maryland sexual battery lawyer who has experience with these types of cases can outline those consequences and why they can be so significant when it comes to sexual assault and battery.

Defining the Impact of Aggravating Factors 

Aggravating factors of sexual battery offenses can include the use of a weapon, the age of the victim of the sexual battery, and whether the parties have a relationship with each other or are related to each other in some way. 

The relationship the individuals have with each other has a significant impact on how the courts view the case. A person’s criminal history plays a part as well. If they have a history of sexual assault cases or sexual battery, the courts view them as more problematic or more dangerous. Maryland sexual battery lawyers have seen how aggravating factors could impact the charge.

According to Maryland’s sentencing guidelines, aggravating factors could cause somebody to have their penalties increased. 
These factors can impact the way the prosecutor elects to prosecute the case, or the judge elects to sentence somebody on the case. That could be with more severity than if there were no aggravating factors associated with sexual assault.

Role of an Attorney

The primary role of a criminal defense attorney is to act as a liaison between the person, the prosecution, and the court system. They should make sure that all of the person’s rights are protected and the person has an opportunity to prepare a defense to the case. The attorney obtains access to all material information for the case to develop and present the best argument in court before an appropriate trier of fact.

It is most important that the attorney acts as the person’s investigating body regarding these kinds of cases. The attorney can ensure that when preparing to present the case in criminal court, they have access to the same resources and information as the state. They can fully conduct an investigation of the charges brought against their client and make a presentation that is a successful defense in the case.

Hiring a Lawyer

An individual should hire a Maryland sexual battery lawyer because such offenses are among the most serious cases in the Maryland criminal justice system. The penalties and consequences associated with them are complicated, as is the strategy with which they can begin.

Oftentimes, pointing out the fabrication by another party who is relaying information to prosecutors through the police is going to be the lawyer’s best bet at producing the most favorable outcome in the case. A defense attorney who has experience with investigating and trying these types of cases can take advantage of opportunities to get the best results when pursuing a claim

Sexual Assault in Maryland
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