Defense of Maryland Second-Degree Sexual Offense Charges
Second Degree Sexual Offense charges in Maryland carry with them stiff penalties upon conviction. Depending on the facts and circumstances surrounding the particular Second Degree Sexual Offense charge, prison sentences can range from twenty (20) years to life in prison, with the possibility of a mandatory minimum sentence of fifteen (15) years that cannot be reduced or suspended, nor released early on parole. Second 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 Second 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 Second 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 Second 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 Second Degree Sexual Offense charges.
Once a warrant for Second 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 Second 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.
Maryland LAW defines Second Degree Sexual Offense as the following:
Article – Criminal Law
§3–306. Sexual Offense in the Second Degree
(a) A person may not engage in a sexual act with another:
(1) by force, or the threat of force, without the consent of the other;
(2) if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the sexual act knows or reasonably should know that the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual; or
(3) if the victim is under the age of 14 years, and the person performing the sexual act is at least 4 years older than the victim.
(b) A person 18 years of age or older may not violate subsection (a)(1) or (2) of this section involving a child under the age of 13 years.
(c) (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of the felony of sexual offense in the second degree and on conviction is subject to imprisonment not exceeding 20 years.
(2) (i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (b) of this section is guilty of the felony of sexual offense in the second degree and on conviction is subject to imprisonment for not less than 15 years and not exceeding life.
(ii) A court may not suspend any part of the mandatory minimum sentence of 15 years.
(iii) The person is not eligible for parole during the mandatory minimum sentence.
(iv) If the State fails to comply with subsection
(d) of this section, the mandatory minimum shall not apply. (d) If the State intends to seek a sentence of imprisonment for not less than 15 years under subsection
(c)(2) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.