First Degree Sexual Assault Charges
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Defense of Maryland First Degree Sexual Offense Charges
First Degree Sexual Offense charges in Maryland carry with them stiff penalties upon conviction. Depending on the facts and circumstances surrounding the particular First Degree Sexual Offense charge, prison sentences can range from twenty-five (25) years to life without parole, with the possibility of mandatory minimum sentences that cannot be reduced or suspended. First Degree Sexual Offense is a Felony in Maryland and is one of the most serious sexual offenses with which one can be charged. When facing First Degree Sexual Offense charges in Maryland, you need the toughest of advocates, the most aggressive of lawyers, to get you through the most daunting experience of your life.
The defense of First Degree Sexual Offense allegations starts from the onset of an investigation. Sex crimes detectives oftentimes try to lure a suspect in for questioning under the guise of a false opportunity to clear up a “misunderstanding.” Other times, through the use of a phone sting, police try to extract a confession from an accused through subterfuge and coercion. It is vital for anyone facing such a situation to consult with an experienced First Degree Sexual Offense defense attorney to avoid falling for such a trap in the desperate hopes of avoiding what is likely inevitable: an arrest warrant for felony First Degree Sexual Offense charges.
Once a warrant for First Degree Sexual Offense charges has been issued, it is vital that an experienced criminal defense lawyer prepare for one of the most crucial proceedings in the case: the bail hearing which determines whether an accused is released or incarcerated during the pendency of the trial. Judges frequently deny bail for persons accused of First Degree Sexual Offense due to a fear that the suspect will reoffend while awaiting trial: nonetheless, a well prepared attorney can make the right arguments in court to convince even a skeptical judge that his client is worthy of being released until, and only if, he is found guilty of the charges.
Article – Criminal Law
§3–305. Sexual Offense in the First Degree
(a) A person may not:
(1) engage in a sexual act with another by force, or the threat of force, without the consent of the other; and
(2) (i) employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
(ii) suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;
(iii) threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping;
(iv) commit the crime while aided and abetted by another; or
(v) commit the crime in connection with a burglary in the first, second, or third degree.
(b) A person may not violate subsection (a) of this section while also violating § 3–503(a)(2) of this title involving a victim who is a child under the age of 16 years.
(c) A person 18 years of age or older may not violate subsection (a) of this section involving a victim who is a child under the age of 13 years.
(d) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment not exceeding life.
(2) A person who violates subsection (b) of this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole.
(3) A person who violates subsection (a) or (b) of this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole if the defendant was previously convicted of violating this section or § 3–303 of this subtitle.
(4) (i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (c) of this section is guilty of the felony of sexual offense in the first degree and on conviction is subject to imprisonment for not less than 25 years and not exceeding life without the possibility of parole.
(ii) A court may not suspend any part of the mandatory minimum sentence of 25 years.
(iii) The person is not eligible for parole during the mandatory minimum sentence.
(iv) If the State fails to comply with subsection (e) of this section, the mandatory minimum sentence shall not apply.
(e) If the State intends to seek a sentence of imprisonment for life without the possibility of parole under subsection (d)(2), (3), or (4) of this section, or imprisonment for not less than 25 years under subsection (d)(4) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.