Rockville Second Degree Sexual Assault Lawyer

If you are facing a second-degree sexual offense charge in Rockville, you are confronting one of the most serious felonies in Maryland, and the stakes for your freedom, your record, and your future could not be higher. These cases demand experienced, aggressive defense from the very start, often before charges are even filed. At Krum, Gergely & Oates, our Rockville criminal defense attorneys handle second degree sexual offense cases in the Montgomery County courts, and our office is located minutes from the courthouse. If you are under investigation or have been charged, contact us immediately.

What Is Second Degree Sexual Offense in Maryland?

Second degree sexual offense is a felony under Maryland Criminal Law § 3-306. In plain terms, a person can be charged with this offense when they are alleged to have engaged in a sexual act with another person under any of the following circumstances:

• By force, or the threat of force, without the consent of the other person.
• With a person who was mentally incapacitated, mentally defective, or physically helpless, when the accused knew or reasonably should have known of that condition.
• With a person under the age of 14, when the accused is at least four years older than that person.

The charge is closely related to second degree rape under § 3-304, with the primary distinction being the nature of the alleged sexual activity involved. Because the definitions are technical and fact-specific, the precise circumstances of an accusation matter enormously to the defense.

Penalties for Second Degree Sexual Offense in Maryland

Second degree sexual offense is a felony, and the penalties are severe:

The standard penalty is a felony conviction carrying up to 20 years in prison.

In one specific and more serious situation, where the accused is 18 years of age or older, and the alleged victim was under the age of 13, the offense carries a sentence of 15 years to life in prison, with a mandatory minimum of 15 years that a court cannot suspend and during which the person is not eligible for parole. This enhanced penalty applies only when the State provides written notice of its intent to seek it at least 30 days before trial.

Beyond incarceration, a conviction carries the requirement to register as a sex offender, along with lasting consequences for employment, housing, and reputation. Given everything at stake, this is not a charge anyone should face without experienced legal representation.

The Defense Begins With the Investigation

The defense of a second-degree sexual offense allegation starts from the very onset of an investigation, often before any charge has been filed. Sex crimes detectives sometimes try to lure a suspect in for questioning under the guise of clearing up a “misunderstanding.” Other times, through the use of a recorded phone call or an in-person conversation, police attempt to extract a statement or confession from an accused through subterfuge.

It is vital for anyone in this situation to consult with an experienced defense attorney before speaking with investigators, to avoid falling into such a trap in the hope of avoiding what may otherwise be inevitable: an arrest warrant. If you learn you are being investigated for a second degree sexual offense, the single most important thing you can do is remain silent and contact an attorney immediately.

The Bail Hearing

Once a warrant for a second degree sexual offense charge has been issued, it is vital that an experienced criminal defense attorney prepare for one of the most crucial early proceedings in the case: the bail hearing, which determines whether an accused is released or held during the pendency of the trial. Judges frequently deny bail in these cases out of concern that the accused will reoffend while awaiting trial. Nonetheless, a well-prepared attorney can make the arguments necessary to convince even a skeptical judge that the accused is worthy of pretrial release, and that release should be granted unless and until the accused is found guilty.

Where Your Rockville Case Will Be Heard

Because Rockville is the Montgomery County seat, second-degree sexual offense cases from Rockville are heard at the county courts in the city. As a felony, this charge is handled at the Montgomery County Circuit Court at 50 Maryland Avenue, which hears felony cases and jury trials. Preliminary matters may begin at the District Court of Maryland for Montgomery County at 191 East Jefferson Street. Our office is minutes from both courthouses, and our attorneys appear in them regularly.

Defenses to Second Degree Sexual Offense Charges

Every case is different, and the right defense depends on the specific facts. Depending on the circumstances, defenses our attorneys evaluate include:

• Consent: Where the case involves adults and the allegation is that the act was accomplished by force or without consent, whether the encounter was consensual is often the central issue, and the burden is on the State to prove the absence of consent beyond a reasonable doubt.
• False or mistaken accusation: These allegations sometimes arise in the context of custody disputes, relationship conflicts, or other situations where a person has a motive to fabricate or exaggerate. A thorough defense investigates the circumstances and motives behind the accusation.
• Insufficient evidence: Many of these cases rest heavily on the testimony of a single complaining witness with limited corroborating evidence. The State must still prove every element of the charge beyond a reasonable doubt.
• Challenges to statements and evidence: If investigators obtained statements through improper means, or if evidence was gathered in violation of your constitutional rights, an experienced attorney can move to suppress it.