FREE Case Evaluation
Rockville Rape Lawyer
In Maryland, rape is one of the most serious crimes of which a person may be accused. Rape is broken down into two degrees, with first-degree rape being the more serious crime. However, those facing second-degree rape charges are also facing very serious charges that can have a long-lasting negative impact on someone’s life. If you are facing charges of rape, it is essential that you consult an experienced Rockville sex crimes lawyer immediately.
First-Degree Rape in Rockville
In order to be convicted of first-degree rape under Maryland Code § 3-303, Rockville prosecutors must also establish that the accused person used a dangerous weapon during the commission of the rape, threatened the victim or made the victim believe he had a dangerous weapon, inflicted serious injury on the victim, or strangled, suffocated, disfigured or kidnapped the victim.
Prosecutors may also establish first-degree rape if the victim was raped with the assistance of another person, or during the commission of a burglary. First-degree rape charges are also possible when the victim was kidnapped and is a child under the age of 16, or when the alleged perpetrator is at least 18 years old and the victim is younger than 13 years old.
A first-degree rape conviction in Rockville is punishable by up to life in prison. For this reason, it is essential that you immediately consult a Rockville rape attorney if you have been accused, even if you have not yet been charged. Getting started on a defense early will help you stay ahead of the prosecutors’ case.
If a person is convicted of first-degree rape as a part of a kidnapping of a child under the age of 16, he or she faces an enhanced penalty of up to life without the possibility of parole in prison. Subsequent rape convictions, when a person has a prior sexual offense or rape conviction, also carry a potential sentence of up to life in prison without the possibility of parole.
In Rockville, Maryland, rape of a child under 13 years old when the alleged perpetrator is 18 years or older carries a heightened penalty of 25 years to life in prison without the possibility of parole, with a mandatory minimum 25 year prison sentence required.
Second-degree rape is defined as vaginal intercourse with a victim, when the alleged perpetrator used force or threats, and the victim did not consent. Second-degree rape charges are also possible when the victim is a mentally defective individual, or was mentally or physically incapacitated at the time, and the perpetrator knew or reasonably should have known that the victim could not consent.
In Rockville, statutory rape is considered a second degree rape offense when the victim was younger than 14 years old and the alleged perpetrator was more than four years older than the victim at the time.
Second-degree rape is punishable by up to 20 years in prison. If the convicted individual is older than 18 and the victim was a child younger than 13, an enhanced penalty of 15 years to life in prison is triggered, along with a mandatory minimum 15 year prison sentence. A rape lawyer in Rockville can help you mitigate punishment and damage to your record when you call early on in the process.
Work with an Experienced Rockville Rape Defense Attorney
Regardless of what type of rape charge you may be facing, both first-degree and second-degree rape allegations are urgent matters that require the immediate advice of an experienced Rockville rape lawyer. Do not hesitate to get in contact with a lawyer who has experience and knowledge of how these cases are handled in Maryland.