Common Types of Sex Crimes We Defend Against
Sex crime allegations can wreck your life and reputation. That’s why our highly skilled attorneys are here to clear your name and defend your rights. Our lawyers have a comprehensive knowledge of criminal law to defend against a wide range of sex offenses. Common types of sex crimes we handle include:
Rape in the First Degree
First-degree rape is codified in Maryland Code § 3-303. This offense is defined as engaging in non-consensual sexual intercourse with another person while engaging in any of the following:
- Displaying or employing a dangerous weapon or object the victim believes to be a weapon.
- Disfiguring, strangling, suffocating, or otherwise inflicting serious physical injury to the victim.
- Threatening to kidnap, seriously injure, or kill the victim.
- Committing the crime with the assistance of another person.
- Committing the crime while also committing a first, second, or third-degree burglary.
Rape in the first degree constitutes felony charges punishable by a minimum of 25 years to life in prison without parole.
Rape in the Second Degree
Second-degree rape is codified in Maryland Code § 3-304. This offense is defined as 1.) having non-consensual sexual intercourse with the victim and 2.) doing so under one of the following circumstances:
- The offender uses or threatens to use force.
- The victim is mentally incapacitated or physically helpless at the time of the offense.
- The victim is younger than 14 and the offender is at least 4 years older.
Rape in the second degree constitutes a felony offense punishable by up to 20 years in prison.
Sexual Offense in the Third Degree
Third-degree sex crimes are codified in Maryland Code § 3-307. Offenders can face third-degree sex offense charges when they engage in non-consensual sexual contact while:
- Employing a dangerous weapon or physical object that the victim believes to be a dangerous weapon.
- Suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another person while committing the crime.
- Threaten or place the victim in fear of imminent danger, including death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping.
- Commit the crime while aided and abetted by another.
Third-degree sex crimes are felony offenses punishable by up to 10 years in prison.
Sexual Offense in the Fourth Degree
Third-degree sex crimes are codified in Maryland Code § 3-308. A person commits a sexual offense in the fourth degree when they:
- Engage in non-consensual contact with another.
- Engage in sexual contact with a victim who is 14 or 15 years old and the offender is at least 4 years older.
- Engage in sexual contact with a minor who is a student enrolled at a school where the offender is employed in a position of authority.
Third-degree sex crimes are considered misdemeanor offenses punishable by up to 1 year of imprisonment and up to $1,000 in fines.
Sex Offenses Involving Minors
While the criminal penalties for any sex crime are severe, sex crimes involving minors are much harsher. Common offenses include:
- Statutory Rape: In Maryland, statutory rape is defined as non-consensual intercourse where the victim is below the age of consent, which is 16 years old. Offenders convicted of statutory rape can reap serious penalties, including imprisonment, depending on the age of the victim.
- Sexual Abuse of a Minor: Sexual abuse of a minor is largely dependent on the relationship between the offender and the victim. This crime is committed when a qualifying household member, which state law defines as "a parent or other person who has permanent or temporary custody or responsibility for the supervision of a minor," commits sexual abuse. Maryland Code § 3-602 defines sexual abuse as "an act that involves sexual molestation or exploitation of a minor," regardless of physical injury. This is considered a felony offense punishable by up to 25 years of imprisonment.
- Soliciting a Minor for Sex: Solicitation of a minor is committed when an adult communicates with a minor with the intent to engage in illegal sexual conduct. Solicitation is punishable by up to 10 years in prison, although offenders can face enhanced penalties under Maryland's strict internet crime statutes if the solicitation occurs online or through electronic communication.
- Child Pornography: Child pornography is a severe sex crime that involves the production, distribution, or possession of any sexually explicit material involving a minor. Offenders can face up to 20 years in prison for possession and much longer sentences for production or distribution.
6 Ways to Defend Against Sex Crimes
While there are various ways to defend against sex crime charges, consulting with a qualified defense attorney is important to determine which defense is most effective to employ in your unique circumstances. Our seasoned sex crime lawyers can safeguard your rights and reputation by thoroughly evaluating your case and building a strong defense on your behalf.
Common defense strategies against sex crimes include:
- Consent: If there is credible evidence that the alleged victim consented to the sexual activity, this can be a powerful defense against sex crime charges.
- Alibi: Providing evidence that you were not present at the time and location where the alleged crime occurred can be an effective defense strategy to dismiss the charges against you.
- False accusations: If you were falsely accused of a sex offense due to ulterior motives, such as spite or jealousy, our firm can build you a strong defense to establish your innocence.
- Mistake of age: If there is a reasonable belief that the victim was above the age of consent, "mistake of age" can be an effective defense strategy to employ.
- Insufficient evidence: The prosecution must meet a high burden of proof in criminal cases. If the evidence is lacking or inadmissible, we can fight to get the evidence dismissed, increasing the chance of dropping or reducing the charges.
- Suppression of illegally obtained evidence: If the evidence against you was unlawfully obtained in violation of your constitutional rights, our attorneys can fight to get it dismissed from your case to drop or reduce the charges against you.
How Our Experienced Salisbury Sex Crimes Lawyers Can Help
At MacDonald Law Office, LLC, we understand the sensitive nature of sex crime cases and the impact they can have on your life. Our experienced team is dedicated to defending your rights and providing you with a strong legal defense. We have a proven track record of successfully defending clients facing a wide range of sex crime charges in Salisbury and surrounding areas.
When you choose MacDonald Law Office, LLC to represent you in a sex crime case, you can expect:
- Personalized attention and support throughout the legal process
- Thorough investigation and preparation for your defense
- Strategic defense strategies tailored to your specific circumstances
- Aggressive advocacy in and out of the courtroom
- Compassionate guidance during a challenging time
Don't face sex crime charges alone. Contact MacDonald Law Office, LLC today to schedule a consultation and discuss your legal options.
15+ Years Defending the Accused in Salisbury
As former prosecutors, our Salisbury attorneys bring a diverse skillset and extensive understanding of criminal law to the table, making us well-equipped to represent your best interests in criminal court. No matter the type or severity of the charges against you, you can trust our defense attorneys to relentlessly defend your rights.
With a proven track record of results and over 15 years of experience, MacDonald Law Office, LLC is here to fight for the second chance you deserve. From gathering compelling evidence to disputing unlawfully obtained evidence, we can work diligently to establish a concrete defense, protect against reputational damage, and restore your freedom.
Facing sex crime allegations? Contact us online or call (410) 348-7809 to request a free consultation with our skilled Salisbury sec crimes attorneys.
