Baltimore Criminal Sexual Charges Defense Lawyer

Baltimore Crimianl Defense Lawyers

Are the police investigating you for sexual crimes in Maryland. Baltimore sex crimes and sex offense defense attorney Randolph Rice can help. Contact the office at (410) 431-0911 to schedule a confidential consultation to discuss your charges.

Sex Crimes in Maryland

What are the various sexual crimes in Maryland? Some of the most common sexual crimes in Maryland:

  • Rape in the first degree;
  • Rape in the second degree;
  • Sexual offense in the first degree;
  • Sexual offense in the second degree;
  • Sexual offense in the third degree;
  • Sexual offense in fourth degree;
  • Attempted rape in the first or second degree;
  • Attempted sexual offense in the first, second, third, or fourth degree.

What happens if you are charged with a Sexual Crime in Baltimore?

People charged with sexual assault or child sex offenses in Maryland face hostile prosecutors and harsh public opinion. Most people, even some criminal defense attorneys, are only too willing to believe the worst about those accused of sex offenses. At the Law Offices of  Randolph Rice, we know not all people accused of sex offenses are in fact guilty of the charges. We believe that those facing such charges deserve the best possible defense and representation.

We handle the following cases:

Why Choose Randolph Rice for your Baltimore Sexual Offense Case?

Sex Crime cases can be complicated and difficult to litigate and defend. Sex Crime charges are strongly pursued by law enforcement and the state’s attorney for the jurisdiction in which the crime allegedly occurred.

If you have been charged or arrested for Sex Crime in Maryland, you need an experience, skilled, trusted, and knowledgeable Sex Crime criminal defense attorney. Without the assistance and help, you have little chance of winning your case, if it goes to trial.

At Rice, Murtha & Psoras we will conduct a thorough investigation into the details and specifics of the Sex Crime charges. We will formulate the most appropriate argument for your Sex Crime defense.

Often, the law enforcement agencies or State’s Attorney’s office for the county you are charged in will overlook an aspect of the case, if this happen, we will find other witnesses or evidence to present to the Court or state’s attorney’s office to support your side of the Sex Crime case. We will work with you and fight for your rights and freedoms.

Don’t Go to Court Alone. A criminal conviction can affect the rest of your life. You could spend years in jail, pay fines, Court costs and regret not having a professional attorney advising you on the best decisions in your criminal case. Call Attorney Randolph Rice at (410) 431-0911 to schedule a FREE criminal defense consultation. We have years of experience and we can put that knowledge to work in your criminal case.

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Maryland Sex Crime Laws

In the state of Maryland, there are various criminal offenses that prohibit unlawful sexual contact between two individuals. The Maryland sex crimes are prosecuted to the full extent of the law by law enforcement and State’s Attorney’s. Typically, the penalties are stiffer than most other crimes and there are various enhanced penalties depending on the age of the victim. Some of the sexual offenses and sex crimes in Maryland can subject an individual to imprisonment of life without the possibility of parole.

First Degree Rape: Criminal Law 3-303(a)

Rape in the first degree is classified as a felony and is punishable up to life in prison. If convicted for a second or subsequent offense of rape in the first degree then a person could face the possibility of prison time for life without the possibility of parole. In all criminal prosecutions, the state must prove beyond a reasonable doubt that the alleged defendant committed the crime of first-degree rape.

For a defendant to be found guilty of first degree rape the state must prove all of the elements of second-degree rape. For the State to prove second-degree rape, the State must show that the defendant had been vaginal intercourse with the victim, that the victim was under 14 years of age of the time of the sexual act, and that the defendant was at least four years older than the victim.

Vaginal intercourse is defined as the penetration of the penis into the vagina. Even the slightest penetration is enough even though semen is not detected. In addition to the elements of second-degree rape, the state must also prove one or more of the following:

  • That the defendant used or displayed a dangerous weapon or an object that the victim reasonably concluded with a dangerous weapon
  • That the defendant suffocated, strangled, disfigured, or cause serious physical injury to the victim or another person in the course of conducting the first degree rape
  • That the defendant threatened or place the victim and reasonable fear that the victim would be subject to death, Suffocation, strangulation, disfigurement, serious physical injury or kidnapping
  • That the defendant committed the offense of first-degree rape and was aided and abetted by another person
  • That the defendant committed the offence of first grew rape in connection with a burglary in the first degree, second degree or third degree.

A dangerous weapon is defined as an object that is capable of causing death or serious bodily harm. Under Maryland Criminal Law 3-303(b), an individual can be charged with rape in the first degree if the victim is a child under the age of 16 years. Rape in the first degree with a victim under 16 is classified as a felony and if convicted an individual could face a penalty of life in prison without the possibility of parole.

Second Degree Rape: Criminal Law Section 3-304(a)

Second degree rape is defined as a felony in Maryland and if an individual is convicted they are subject to imprisonment not exceeding 20 years. For the state to prove an individual committed a second degree rape they must show the defendant had vaginal intercourse with the victim, that the victim was under 14 years of age of the time of the act and the defendant was then at least four years older than the victim.

Under Maryland Criminal Law 3- 304(b), a person could be charged with rape in the second degree if the defendant is 18 or older and the victim is under 13 years of age. If charged with this section of the rape statute, it is classified as a felony and if convicted an individual is subject to imprisonment for not less than 15 years and not exceeding life in prison.

Sexual Offense in the First Degree: Maryland Criminal Law 3-305(a)

Pursuant to Maryland Criminal Law 3-305(a), sexual offense in the first degree is classified as a felony and if convicted an individual is subject to imprisonment not exceeding life. If convicted for a subsequent crime of sex offense in the first degree and individual is subject to imprisonment not exceeding life without the possibility of parole. For the state to convicted individuals of sex offense in the first degree the state must prove all the elements of second-degree sexual offense as well as one or more of the following circumstances:

  • That the defendant used or displayed a dangerous weapon or an object that the victim reasonably believed was a dangerous weapon
  • That the defendant inflicted Suffocation, strangulation, disfigurement or a serious physical injury against the victim in the course of committing the first degree sex offense
  • That the defendant threatened or place the victim in reasonable fear that the victim would be in Italy subjected to death, Suffocation, strangulation, disfigurement, serious physical injury or kidnapping
  • That the defendant committed the offence aided and abetted by another person
  • That the defendant committed the offence in connection with a first-degree burglary, second-degree burglary or third-degree burglary

Maryland Criminal Law 3-305(b) also provides a crime of sexual offense in the first degree if the victim is a child under the age of 16 years of age. This crime is classified as a felony and if convicted an individual is subject to imprisonment not exceeding life without the possibility of parole.

In addition to the previously stated crimes of sex offense in the first degree, and individual can also be charged under Maryland criminal law 3-305(c) which prohibits a first degree of sexual offense when the defendant is 18 or older and the victim is under 13 years of age. This crime is classified as a felony and if convicted a person is subject to imprisonment not less than 25 years and not exceeding life without the possibility of parole.

Sexual Offense in the Second Degree: Criminal Law Section 3 – 306(a)

Sexual offense in the second degree is classified as a felony and if convicted an individual is subject to imprisonment not exceeding 20 years. To prove that an individual committed a sexual offense in the second degree the state must show that the defendant committed fellatio, cunnilingu, anilingus, or anal intercourse with the victim, that the crime was committed by force or threat of force and that the act was committed without the consent of the victim.

Maryland criminal law also prohibits sexual offense in the second degree when the defendant is 18 and the victim is under 13 years of age under Maryland Criminal Law 3-306(b). This crime is classified as a felony and if convicted individuals subject to imprisonment lot not less than 15 years and not exceeding life.

Sexual Offense in the Third Degree: Criminal Law 3-307

Sexual offense in the third degree is classified as a felony and if convicted an individual is subject to imprisonment not exceeding ten years. For the state to prove that an individual committed a sexual offense in the third degree they must show:

  • That the defendant had sexual contact with the victim
  • That the sexual contact was made against the will and without the consent of the victim
  • And that the defendant used or displayed a dangerous weapon or object that the victim reasonably conclude was a dangerous weapon or inflicted suffocation, strangulation, disfigurement or serious physical injury to the victim in the course of committing the third degree sex offense or threatened or placed the victim and reasonable fear that they would be imminently subjected to death, suffocation, strangulation, disfigurement, serious physical injury or kidnapping.
  • Committed the offense of third-degree sex offense while being aided and abetted by another person enter or committed the offence in connection with a burglary in the first, second or third degree.

Sexual contact is defined as the intentional touching of the victim’s genital or anal area or other intimate parts for the purpose of sexual arousal of gratification or fourth abuse of either party. There are additional acts that constitute sexual contact of the Maryland laws.

A dangerous weapon is defined as an object that is capable of causing death or serious bodily harm

4th Degree Sexual Offense: Maryland Criminal Law 3-308

Sexual offense in the fourth degree is classified as a misdemeanor in Maryland. If convicted, an individual is subject to imprisonment not exceeding one year or a fine not exceeding $1,000 or both. If convicted for a second or subsequent offense, an individual is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

For the state two convicted individual of 4th degree sex offense they must prove the defendant had sexual contact with the victim and that the sexual contact was made against the will and without the consent of the victim. Sexual contact is defined as the intentional touching of the victim’s genital or anal area or other intimate parts for the purpose of sexual arousal or gratification or for the abuse of either the defendant or the victim.

In addition to the acts mentioned above, a person could be also be charged with the attempted rape or attempted sexual offense.

Sodomy: Criminal Law 3-321

The crime of sodomy in Maryland is classified as a felony and if convicted an individual can face jail time not exceeding 10 years. For the state to prove that an individual committed sodomy they must show that the defendant placed his penis into the anus of another person or permitted another person to place his penis into the anus of the defendant. The crime of sodomy requires the penetration of the penis into the anus. The slightest penetration is sufficient and the emission of semen is not required for the state to prove the crime of sodomy in Maryland.

Unnatural or Perverted Sexual Practices: Maryland Criminal Law 3-322

If charged with unnatural or perverted sexual practices in Maryland the defendant is facing a misdemeanor and if convicted could face up to 10 years in jail or a fine not exceeding $1,000 or both. For an individual to be convicted of unnatural or perverted sexual practices in Maryland the state must prove that the defendant took into the defendant’s mouth a sexual organ of another person or animal or that defendant placed the sexual organ in the mouth of another person or animal.

Maryland Sex Crimes Lawyer

If you’ve been charged or believe you’ll be charged with any of the Maryland sex crimes, contact the Maryland criminal defense attorney Randolph Rice today at (410) 431-0911 to schedule a free consultation.