Maryland Rape Defense Lawyers

Experienced Lawyer Defending Against Allegations of Sexual Assault and Rape in Maryland

Allegations of rape or sexual assault carry serious penalties that may begin to affect you as soon as accusations are made. The penalties of a conviction can be severe, and in addition to the possibility of a long sentence in prison, you are likely to face serious restrictions on your life due to the requirement to register as a sex offender. As soon as you learn that you have been accused of committing rape or sexual assault, and before you speak to police or anyone else about your case, you should seek out a skilled attorney. A sex crimes defense lawyer can provide the representation you need to protect your rights, avoid self-incrimination, and defend against harsh penalties.

At Craig M. Kadish & Associates, LLC, we will help you develop a thorough legal defense against charges of rape or sexual assault. Our lawyers have multiple decades of legal experience, and we have successfully represented numerous clients who have faced accusations of sexual misconduct. By speaking to us as early as possible during your case, we can help ensure that you do not say or do anything that could harm your case, and we will advise you of the best steps to take to address the charges you are facing, defend against a conviction, and minimize the potential penalties.

What Is The Difference Between Rape and Sexual Assault?

In Maryland, the crime of sexual assault is referred to as a sexual offense. Generally, sexual offenses refer to sexual contact or sex acts committed against another person without their consent. The crime of rape tends to be treated more seriously, as it involves non-consensual sexual intercourse or other sexual acts involving the use of force or the threat of force.

Penalties for Rape in Maryland

The most serious sexual assault charge is rape in the first degree. This offense is defined in Maryland Code, Criminal Law Section 3-303, and it may be charged if you are accused of engaging in vaginal intercourse or other sexual acts without a person's consent and when using force or threatening to do so. You could also be charged with first-degree rape if you are over the age of 18 and the alleged victim is under the age of 13. First-degree can carry a sentence of life in prison if you are convicted.

Rape in the second degree is defined in Maryland Code, Criminal Law Section 3-304, and it may also involve vaginal intercourse or sexual acts committed without the consent of the victim and through the use of force or threats of force. This offense may apply in cases where a victim was allegedly impaired and unable to consent to engage in sex acts, such as when a person is drunk or intoxicated to the point of incapacitation. Second-degree rape charges may also apply if the alleged victim is younger than 14 years old, and you are at least four years older than the victim. In most cases, the penalty for a conviction of second-degree rape is a maximum of 20 years in prison. However, if you are at least 18 years old, and the alleged victim is under the age of 13, second-degree rape carries a mandatory minimum sentence of 15 years in prison and a maximum of life imprisonment. During the mandatory minimum 15-year sentence, you will not be eligible for parole, and no portion of the 15-year sentence may be suspended.

Penalties for Sexual Offenses in Maryland

In cases where charges of rape may not apply, you could be charged with a sexual offense. There are four degrees of sexual offenses. Sexual offense in the first degree is defined in Maryland Code, Criminal Law Section 3-305. This crime involves sexual acts committed through force or the threat of force and without the consent of the victim. A conviction carries a maximum sentence of life imprisonment. If the alleged victim is under the age of 16, you could be sentenced to life imprisonment without the possibility of parole. If the victim was under the age of 13, you will face a mandatory minimum prison sentence of 25 years and a maximum of life in prison without the possibility of parole.

Sexual offense in the second degree is defined in Maryland Code, Criminal Law Section 3-306. It involves engaging in sexual acts without consent when using force or the threat of force and when the victim is mentally incapacitated or impaired. This charge may also apply if the alleged victim is under the age of 14 and you are at least four years older than the victim. A conviction for a second-degree sexual offense may lead to a prison sentence of up to 20 years. In cases where the alleged offender is over the age of 18 and the alleged victim is under the age of 13, a conviction carries a mandatory minimum sentence of 15 years with no eligibility for parole during that time and a maximum of life in prison.

Sexual offense in the third degree is defined in Maryland Code, Criminal Law Section 3-307. This charge may apply if you are accused of engaging in sexual contact with a person without their consent while displaying a weapon or another type of dangerous object that the alleged victim believed to be a weapon. Accusations of inflicting serious injuries or disfigurement; strangling or suffocating the alleged victim; or being aided and abetted by someone else while committing a sexual offense could also lead to third-degree sexual offense charges. Sexual contact with a victim who was physically helpless, intoxicated, or cognitively impaired may also lead to charges under this statute. Finally, sexual contact with a child under the age of 14 when the alleged perpetrator is at least four years older or sexual intercourse or sexual acts with a child between the ages of 14 and 15 when the alleged perpetrator is at least 21 years old may constitute a third-degree sexual offense. A conviction for sexual offense in the third degree can lead to a maximum prison sentence of 10 years.

Sexual offense in the fourth degree is defined in Maryland Code, Criminal Law Section 3-308. These charges may involve sexual contact with someone without their consent, as well as situations where the alleged offender is in a position of authority over the alleged victim, including when the alleged victim is a student at a school where the alleged offender works. A fourth-degree sexual offense is a misdemeanor with a maximum sentence of one year in jail and/or a fine of $1,000.

Meet With a Maryland Rape and Sexual Assault Defense Lawyer

At Craig M. Kadish & Associates, LLC, our sex crime attorneys are here to defend you against charges of sexual assault and rape. Call our offices at 410-837-0020 or contact us online to schedule a complimentary consultation.