Rockville Rape Defense Lawyer

Skilled Defense For Clients Accused of Rape in Rockville, MD

Of the different types of offenses classified as sex crimes, rape is one of the most serious. A person can be charged with rape under various circumstances in which they may be accused of engaging in sexual intercourse without consent. These charges may involve claims that a person used force or threats that an alleged victim was unable to give consent. Understanding the reasons that rape or sexual assault charges may be brought against a person and the potential options for defense is crucial in these situations. An experienced criminal defense lawyer can provide invaluable support and legal representation.

At Salvado Law Offices, our lawyers can help people accused of rape defend against these charges while working to protect their rights. We can conduct thorough investigations, challenge the prosecution's evidence, and construct a defense that will not only help a person avoid a conviction, but also protect their reputation and prevent ongoing issues that could affect their life. We provide compassionate representation in these cases, focusing on the well-being of our clients, and offering reassurance and professional guidance throughout the legal process.

When Someone May Be Charged With Rape

Rape charges will typically involve sexual intercourse or other sexual acts in which there was an alleged lack of consent. Non-consensual sexual intercourse may involve force, threats of force, or a victim who was incapacitated or unable to consent. Rape is a felony offense, and a person will face severe penalties if they are convicted.

Consent is a crucial factor in distinguishing lawful sexual activity from rape. Consent generally involves an agreement to engage in sexual intercourse voluntarily and without coercion. When a person was under the influence of drugs or alcohol, was unconscious when intercourse occurred, or was otherwise incapacitated, they may have been considered to be legally incapable of giving consent.

First Degree Rape

The most severe form of rape under Maryland law involves non-consensual sexual intercourse accomplished by force or threat of force, with aggravating factors such as:

• The use or display of a dangerous weapon.
• Infliction of serious physical injury.
• Threats of death, serious injuries, or kidnapping.
• Committing rape with the aid of another person (also known as gang rape).
• Committing rape that is connected to a burglary offense involving the illegal entry into a home or other building.

A person who is convicted of first degree may be sentenced to life imprisonment. If the alleged victim was below the age of 16, a person may be sentenced to life without the possibility of parole. If the alleged victim was a child below the age of 13, and the alleged offender was at least 18 years old at the time of the offense, they will face a 25-year mandatory minimum sentence.

Second Degree Rape

Alleged sexual intercourse or other sexual acts committed through force or threat of force may be classified as second degree rape if a case does not involve the aggravating factors that could lead to first degree rape charges. Second degree rape charges may also apply when the alleged victim was:

• Mentally incapacitated or physically helpless.
• Under the age of 14, and the alleged perpetrator was at least four years older than the alleged victim.

Most of the time, the maximum penalty for a second degree rape conviction is 20 years of imprisonment. However, if a person over the age of 18 allegedly committed second degree rape against a victim below the age of 13, they will face a 15-year mandatory minimum sentence, with the potential of life imprisonment.

Potential Defense Strategies in Rape Cases

Because rape charges carry severe penalties, and a person will also face damage to their reputation due to these accusations, it is crucial to work with an attorney to determine the ideal defense strategies. At Salvado Law Offices, we can help determine whether one or more of the following strategies may be used in these types of cases:

• Consent: One of the primary defenses in rape cases will involve proving that the sexual activity was consensual. Evidence and testimony may be presented demonstrating that the alleged victim willingly participated in the act.
• False allegations: In some cases, the defense may argue that a person was falsely accused of rape due to motives such as revenge, jealousy, or misunderstanding. This strategy typically involves scrutinizing the accuser's credibility and uncovering inconsistencies in their statements.
• Mistaken identity: False accusations of rape may occur if the accused is incorrectly identified as the perpetrator. Providing an alibi and demonstrating that a person could not have committed the offense in question may be the best strategy to use in these situations.
• Insufficient evidence: During a criminal case, the prosecution must prove that a person committed an alleged offense beyond a reasonable doubt. Our attorneys can challenge the sufficiency and reliability of the evidence, arguing that it does not meet the legal standard required for a conviction.

Contact Our Rockville Rape Defense Attorneys

In cases involving accusations of rape, the knowledgeable attorneys at Salvado Law Offices can provide strong, effective legal representation to help defend against a conviction. Our legal team has a comprehensive understanding of Maryland's rape laws, and we are committed to protecting our clients' rights. Contact us at 301-933-1814 to set up a free consultation and get the legal help needed to defend against accusations of rape. In addition to assisting with cases in Rockville, Maryland, we also represent clients charged with sex crimes in Falls Church, Virginia and the surrounding areas.