Being charged with sex crimes in Lanham, MD, is one of the most serious situations a person can experience. Defendants facing these charges need to reach out to a Maryland criminal defense lawyer as soon as possible to begin building a strong defense. A conviction for any type of sex crime can have serious repercussions on a person’s life forever. If you find yourself in this situation in Lanham, Maryland, contact the Alpert Schreyer Criminal Defense Attorneys today at (301) 262-7005 to schedule a free consultation with a Lanham sex crimes lawyer.
How Alpert Schreyer Criminal Defense Attorneys Can Help If You’re Arrested For Sex Crimes
For individuals charged with sex crime offenses in Lanham, MD, the first step you should take is to find experienced criminal defense attorneys. Here’s how our law firm can help:
- We will gather all evidence we can find that points to your innocence. We will also review any evidence the prosecutor turns over as part of discovery.
- If appropriate, we will negotiate with the prosecutor to try to come to an agreement regarding a plea deal. The goal is to have penalties or charges reduced instead of risking your freedom at trial.
- If no plea deal is accepted, we will take your case to trial and do everything possible to prove your innocence.
If you’re facing sex crime charges in Lanham, Maryland, make sure you act quickly. Contact Alpert Schreyer Criminal Defense Attorneys to schedule a free consultation with a Lanham criminal defense attorney.
Overview of Sex Crimes in Maryland
Understanding sex crimes and the criminal justice system in the state of Maryland is crucial for anyone facing these charges. These offenses are taken seriously by the law and come with varying degrees of severity and consequences. Below are some of the specific sex crimes outlined under Maryland law.
Sexual Offense in the Fourth Degree
Sexual offense in the fourth degree involves non-consensual sexual contact with a victim aged 14 or 15 when the accused is at least four years older. It also includes scenarios where the accused is a school employee holding a position of authority over a minor student.
Sexual Offense in the Third Degree
This charge involves allegations of engaging in sexual contact under circumstances where there is a lack of consent paired with aggravating factors. These factors can include the use of a weapon or situations where the victim is considered particularly vulnerable.
This could include being cognitively impaired or under the age of 14 if the alleged perpetrator is four or more years older. This crime also covers cases where the victim is 14 or 15, and the accused is at least 21 years old.
Rape in the Second Degree
Allegations of rape in the second degree involve forceful sexual acts committed without consent. The law is particularly stringent if the victim is under the age of 14 or is cognitively impaired and the accused is at least four years older than the victim.
Rape in the First Degree
Rape in the first degree refers to allegations of forceful vaginal intercourse or sexual acts executed with aggravating factors. These factors may include the use of a deadly weapon or causing serious injury. The term “sexual act” encompasses acts like fellatio, cunnilingus, anal intercourse, and penetration with an object.
Defendants facing these serious charges should seek legal representation as soon as possible to ensure their rights are protected throughout the legal process.
What Are the Penalties For Sex Crimes in Lanham, Maryland?
Understanding the legal consequences of sex crimes in Maryland is crucial. Maryland law hands out severe penalties for these offenses. Below is an overview of what defendants can expect if they are convicted:
Sexual Offense in the Fourth Degree
As a fourth-degree misdemeanor, this offense carries a penalty of up to 1 year in jail and a fine of $1,000. It also imposes a 15-year registration requirement on the sex offender registry under Tier I.
Sexual Offense in the Third Degree
As a third-degree felony, this crime can result in up to 10 years of imprisonment. Additionally, depending on the severity and circumstances of the case, the offender must register for either 25 years under Tier II or a lifetime under Tier III.
Rape in the Second Degree
This offense is a second-degree felony, leading to a maximum sentence of 20 years. However, if the victim is under 13 and the accused is 18 or older, the potential penalty increases to life imprisonment with a minimum of 15 years. Under Tier III, there is a lifetime registration requirement.
Rape in the First Degree
Rape in the first degree is one of the most serious offenses, classified as a first-degree felony. It is punishable by life imprisonment without the possibility of parole. In cases where the victim is under 13 and the alleged perpetrator is 18 or older, there is a mandatory minimum sentence of 25 years, coupled with a lifetime registration requirement under Tier III.
Defendants facing charges for sexual offenses must understand the severity of the situation and the consequences that accompany these accusations. Legal representation is crucial in mitigating these penalties as much as possible.
What Defenses Can Be Raised If I’m Arrested For Sex Crimes?
Facing charges for a sex crime can be overwhelming, but understanding your defense options may ease some of your concerns. It’s important to know that there are several legitimate defenses available, and having an experienced attorney can significantly impact your case. Below are some of the most common ones:
Consent
One common defense is that the alleged victim consented to the activities. Consent must be clear and voluntary, and having evidence such as messages or eyewitness accounts can strengthen this defense.
Mistaken Identity
In cases where the identity of the perpetrator is in question, mistaken identity can serve as a defense. Alibis, supported by credible evidence, such as surveillance footage or witness testimonies, can demonstrate that you were not present at the scene.
Additionally, if there was a lineup and it was conducted improperly, it could lead to misidentification. For example, this can occur if law enforcement officials suggest, either deliberately or inadvertently, the identity of the suspect to the witness. Factors such as suggestive remarks, improper instructions, or a lineup where the defendant significantly stands out can all contribute to a flawed identification process.
False Allegations
Sometimes, charges arise from false allegations due to misunderstandings, malice, or ulterior motives. In these instances, it’s crucial to gather evidence that demonstrates inconsistencies or contradictions in the accuser’s story to show that the allegations are not legitimate. It’s also helpful to explain to the judge and jury why the accuser would fabricate these claims.
Lack of Evidence
The burden of proof lies with the prosecution, who must convince the court of guilt beyond a reasonable doubt. If there is insufficient evidence to prove you committed the crime, this defense highlights the prosecution’s inability to meet their burden, potentially leading to an acquittal.
Constitutional Violations
If law enforcement violated your rights during arrest or investigation – such as conducting an unlawful search or seizure–any evidence obtained through these means might be inadmissible in court. Demonstrating the violations can weaken the prosecution’s case against you.
Understanding these defenses and discussing them with a legal professional can help you choose the best strategy.
If you’re facing sex charges in Maryland, it’s essential to take the matter seriously, as a conviction can impact your entire life, potentially forever. In this situation, you need to contact criminal defense lawyers in Lanham as soon as possible so they can help you fight back against these charges. For help, contact Alpert Schreyer Criminal Defense Attorneys to schedule a free consultation with a Lanham sex crimes lawyer.