Ocean City Rape Penalties
The penalties for a rape conviction can be incredibly serious, as evidenced by the fact that a first degree offense carries a sentence of life in prison without the possibility of parole, assuming certain criteria are met. With this severity in mind, it is essential that anyone accused of this offense contact an Ocean City rape lawyer to help them understand their rights and fight for the best outcome available.
Jail Time
If the offense in question is age-based, then the accused person can be facing imprisonment for not less than 25 years, without the possibility of parole. Under the law, there is really no more serious maximum penalty than life imprisonment.
Another consequence to take into consideration is that besides the period of incarceration, however long, there is the penalty of being placed on the sex offender registry. This is because if someone is convicted of second or first degree rape, they are then going to be required to register as a sex offender for the rest of their lives.
In terms of real life application, this means they have to register and re-register and stay in contact with the registrant of their county on a very regular basis. Very little time goes by when they do not have to be checking in with whoever they have to register with. There are also specific limitations placed on them. For instance, if they move, they must immediately let the registration agency know.
Aggravating Factors
A rape can be charged as an offense of the second or first degree. The difference between the two depends on the presence or lack of aggravating factors. Those factors include but are not limited to such circumstances as:
- Displaying a dangerous weapon
- Suffocating or strangling
- Causing serious injury
The encompassing aggravating factor to which these three and others pertain is threatening or placing the victim in fear that he or she will be killed, disfigured, or otherwise maimed or harmed. This also includes coercing them and threatening them or threatening to harm someone that they love. Another aggravating factor is committing the crime while aided abetted by another person or persons.
In other words, if the defendant engaged in intercourse without the victim’s consent and anyone of the above aggravating factors applies to the circumstances of the case, then the charge can be elevated from a second-degree rape to one of first degree.
How An Attorney Can Help
If you are facing these charges, or believe they may be impending, contact a lawyer today in order to ensure that all the facts of the case are heard and considered. Such an attorney will be able to listen and discern how to best set up a defense based on the details of the case.