Frederick, MD Sex Crimes Defense Lawyers

Attorneys for Sexual Assault and CSAM Offenses in Frederick, Maryland

Allegations of sex crimes can lead to some of the most damaging consequences that anyone may face when they are involved in the criminal justice system. A conviction can result in years of incarceration and ongoing restrictions that apply to registered sex offenders. In many cases, the consequences of a conviction can follow a person for the rest of their life. Because of the stakes involved in these matters, anyone who is facing sex crime charges in Frederick must act quickly to secure strong, knowledgeable legal representation.

At Craig M. Kadish & Associates, LLC, we defend clients who have been accused of sex crimes, helping them take steps to avoid being convicted whenever possible or advocating for outcomes that will allow for reduced penalties and minimal long-term consequences. We have extensive experience handling cases involving sexual assault and child sexual abuse materials (CSAM), and we can provide the guidance and advocacy needed to protect our clients' rights during every stage of a criminal case.

Types of Sexual Assault Offenses in Maryland

There are multiple types of criminal offenses that may be grouped under the general category of sexual assault. These charges will typically involve claims that a person has had sex with someone or engaged in other sexual acts or forms of sexual contact without receiving consent. Sexual assault charges may also involve sexual acts or sexual contact between adults and minors, regardless of whether this conduct was consensual. The specific charges under Maryland law may include:

First Degree Rape (Md. Code, Crim. Law § 3-303): When force or threats of force were allegedly used to engage in vaginal intercourse or other sex acts without consent, a person may face penalties that may include life imprisonment.
Second Degree Rape (Md. Code, Crim. Law § 3-304): When vaginal intercourse or other sex acts were performed without consent, including situations where a victim was allegedly incapable of providing consent, a person may face penalties that may include up to 20 years in prison.
First Degree Sexual Offense (Md. Code, Crim. Law § 3-305): In addition to charges that may involve some of the same factors as first degree rape, this offense may involve allegations of sexual acts with a child below the age of 16. In these cases, penalties may include a life sentence without the possibility of parole. In cases involving allegations of sex acts with children below the age of 13, the minimum prison sentence is 25 years.
Second Degree Sexual Offense (Md. Code, Crim. Law § 3-306): In addition to charges involving the same factors as second degree rape, this offense may involve allegations of sexual acts with a child below the age of 14 when the person being charged is at least four years older than the child in question. A person older than 18 who is accused of sexual acts with a child younger than 13 will face a minimum sentence of 15 years and a maximum of life in prison.
Third Degree Sexual Offense (Md. Code, Crim. Law § 3-307): When a person is accused of sexual contact without consent, they may face these charges based on factors such as the use of a weapon, choking or strangling the victim, inflicting serious physical injuries or disfigurement, acting along with another person, or a victim's physical helplessness or mental impairment. The penalties for these charges may include a prison sentence as high as 10 years.
Fourth Degree Sexual Offense (Md. Code, Crim. Law § 3-308): When a person is accused of non-consensual sexual contact that does not meet the requirements for a third degree sexual offense, they may face a potential sentence of no more than one year in jail.

Child Pornography (CSAM) Charges

Allegations related to child sexual abuse materials may result in prosecution in either state or federal courts (or both). Under Maryland law, possession of child pornography carries a maximum penalty of five years in prison. Charges related to the distribution, creation, or promotion of CSAM may result in a prison sentence of up to 10 years. Penalties may apply for each count of a child pornography offense, so cases involving multiple images, videos, films, or digital files may lead to much longer sentences.

When CSAM offenses are prosecuted at the federal level, a charge of child pornography possession could lead to a maximum sentence of 10 years. Charges involving distributing or receiving CSAM carry a minimum five-year sentence, with a maximum of 20 years. Accusations of producing CSAM or otherwise being involved in the sexual exploitation of children may lead to a minimum 15-year sentence and a maximum of 30 years. As with state charges, separate penalties may apply for each count of an offense.

Federal sentencing guidelines are one of the most crucial factors in cases involving federal CSAM charges. Even when a person is charged with CSAM possession, which does not have a mandatory minimum sentence, the guidelines may recommend a sentence as high as eight to 10 years. This is because of enhancements that are included in the guidelines based on factors such as computer use or the number of images. At Craig M. Kadish & Associates, LLC, we have the experience needed to defend against harsh sentences, and we work to ensure that our clients will be able to minimize their penalties.

Evidence in Sex Crime Cases

Prosecutors who charge defendants with sex crimes often rely on a combination of evidence, which may include:

Testimony from the alleged victim or witnesses
Forensic or DNA evidence
Medical examination reports
Digital evidence such as text messages, emails, or online activity
Images or videos in CSAM-related cases

Our attorneys will carefully review every piece of evidence to identify weaknesses in the prosecution's case. We may take steps to challenge the credibility of witness testimony, question the accuracy of forensic or digital analyses, or suppress evidence that was obtained through unlawful searches or interrogations. We can help clients develop successful defense strategies that will minimize the effects of sex crime charges on their lives.

Why You Should Never Speak to Law Enforcement Without an Attorney

One of the most important steps to take after learning of an investigation or being arrested is to remain silent. When you are suspected of a sex crime, law enforcement officers may ask questions or request that you give a statement. They will be looking for anything that may indicate that you committed the offense in question, and even seemingly innocent comments could be used as evidence against you.

To protect your rights, you should:

Exercise your right to remain silent. Clearly state that you will not answer any questions without an attorney present.
Request an attorney immediately. Once this request is made, police must stop questioning you until you have legal counsel.
Do not discuss your case with friends, family, or anyone else. These people could be asked to give statements or testify during your case, and anything you say could come back to haunt you.

By receiving representation from Craig M. Kadish & Associates, LLC, you can make sure you will not make statements that could harm your defense. We will provide you with guidance on what to say, how to answer questions (or decline to do so), and what steps you should take to prevent self-incrimination.

Contact Our Frederick Sex Crimes Defense Attorneys

The consequences of a sex crime charge could affect you for many years or even the rest of your life. Do not speak to police or attempt to handle these charges alone. The team at Craig M. Kadish & Associates, LLC will provide the experienced legal defense you need, from the initial investigation through to a criminal trial and beyond. Contact our Frederick, MD sex crimes lawyers and arrange your free, confidential consultation by calling our office at 410-837-0020.