Upper Marlboro Sex Crimes Lawyers
Attorneys for Charges of Child Pornography or Sexual Assault in Upper Marlboro, Maryland
When a criminal offense is classified as a sex crime, the penalties that will apply for a person who is convicted will be more serious than those for many other types of crimes. Sex crimes are considered to be very harmful for victims, and offenders may be punished with lengthy prison sentences, including life in prison in some cases. The fines that may apply following a conviction can also be high, requiring a person to pay thousands or tens of thousands of dollars. To make matters worse, a convicted sex offender will face severe restrictions on their life, including what types of jobs they can hold and the locations where they can live.
Defending against sex crime allegations will require representation from a lawyer who has experience in these matters, comprehensive knowledge of the applicable laws, and an understanding of the ideal defense strategies. At Craig M. Kadish & Associates, LLC, we can provide the representation clients need in these cases. Whether a person is facing accusations of sexual assault or offenses involving child pornography, we will fight to protect their rights while developing effective strategies that will help them resolve their case successfully.
Child Pornography Charges
When a person is accused of offenses involving child sexual abuse materials (CSAM), they could face state-level charges or federal prosecution. CSAM can take many forms, including:
- Videos or photographs depicting minors who are engaging in sexual activity
- Digital images that may be downloaded, accessed through websites, shared through apps, or stored on hard drives, flash drives, smartphones, computer systems, cloud storage, or other methods
- Photographs of real children that have been altered to depict nudity or sexual activity or other images or videos generated using computer software or AI tools that depict identifiable minors
When CSAM offenses are prosecuted at the state level, the penalties can range from a maximum of five years for the possession of child pornography to a maximum of 10 years for the distribution, promotion, or production of child pornography. These penalties may apply for each count of an offense. Because of this, cases involving multiple photos, videos, or digital files may lead to longer sentences.
At the federal level, CSAM charges are likely to be more serious. The penalties for CSAM possession include as many as 10 years in prison. A person charged with distributing or receiving CSAM may be sentenced to between five and 20 years. Production of CSAM is the most serious offense, with potential sentences of 15 to 30 years. Our attorneys have the experience needed to defend against these charges, and we can also address the federal sentencing guidelines used in these cases, arguing for minimal sentences.
Sexual Assault Charges
Allegations of sexual assault may arise in situations where someone is accused of engaging in sexual intercourse, sexual contact, or other sexual acts without the victim's consent. The specific charges in these cases may include:
- Rape: These offenses generally involve sexual acts such as vaginal intercourse that are non-consensual. First or second degree rape charges may apply if a person allegedly used force or made threats in order to carry out sex acts. If sexual acts took place when a person was allegedly unable to give consent due to drug or alcohol intoxication or other forms of mental incapacitation, second degree rape charges may apply. First degree rape carries a maximum sentence of life imprisonment, while second degree rape carries a maximum sentence of 20 years in prison.
- Sexual Offenses: If the accusations against a person involve sexual contact rather than vaginal intercourse or similar sexual acts, they may be charged with a sexual offense instead of being charged with rape. A third degree sexual offense may involve the alleged use of force, injuries to the alleged victim, or certain other factors. A fourth degree sexual offense may involve other types of non-consensual contact of a sexual nature. A conviction for a third degree sexual offense can lead to a sentence of up to 10 years in prison. A fourth degree sexual offense conviction may result in a maximum sentence of one year in jail.
A person could also be charged with sexual assault if they allegedly engaged in sexual acts with a minor. The specific charges will depend on the ages of the alleged perpetrator and the alleged victim, as well as other factors, whether a case involved sexual acts or sexual contact, and other factors. These crimes may be classified as either rape or sexual offenses, and they will usually result in increased penalties.
Defense Strategies for Sex Crimes
At Craig M. Kadish & Associates, LLC, we understand what steps to take to help clients defend against charges related to rape, sexual offenses, CSAM, or other sex crimes. We can take steps to protect our clients' rights and defend against convictions by:
- Reviewing Evidence: We will examine the forensic reports related to an alleged offense to determine whether the evidence gathered proves that our client is guilty beyond a reasonable doubt. We will also review digital evidence such as records of online activity and location data from smartphones, looking for factors that can prove a person's innocence.
- Disputing Knowledge of Illegal Materials: In cases involving child pornography, we may take steps to demonstrate that our client did not know about the materials in question or did not knowingly possess or access these materials. For example, we may show that CSAM was downloaded using a shared computer or network connection or that a person's computer had been infected by malware without their knowledge.
- Addressing Issues Related to Consent: To defend against charges of sexual assault, we can take steps to demonstrate that all parties involved in sexual activity had consented. If necessary, we can challenge witness testimony, looking for inconsistencies or reasons for false accusations.
- Suppressing Evidence Obtained Through Fourth Amendment Violations: In many cases, law enforcement officials may perform searches or seize evidence without receiving the proper warrants. When our clients' constitutional rights have been violated, we will take steps to ensure that evidence gathered in this manner cannot be used against them.
Contact Our Upper Marlboro, MD Sex Crimes Defense Attorneys
Because the consequences of a sex crime conviction could affect your life permanently, you will need to make sure your attorney can provide you with an effective defense. Get legal help from the attorneys at Craig M. Kadish & Associates, LLC as soon as you learn that you may face sex crime charges. We will work to protect your rights, and we will fight to minimize the penalties that you may face. Contact our Upper Marlboro sex crimes defense lawyers by calling 410-837-0020 and setting up your free consultation.