Defense of Maryland Third Degree Sexual Offense Charges
Third Degree Sexual Offense charges in Maryland carry with them stiff penalties upon conviction. The prison sentence can be up to ten (10) years if one is convicted of Third Degree Sexual Offense. Third Degree Sexual Offense is a Felony in Maryland and is a crime with which one can be charged. The charge of Third Degree Sexual can be committed based on an age differential between the alleged victim and Defendant, the manner in which sexual contact is made (threats, weapon, physical force, with the help of another), or engaging in sexual contact with an individual with certain personal characteristics that make them particularly vulnerable (mentally or physically incapacitated i.e.). The exact law is stated below. When facing Third 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 Third 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, using 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 Third 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 Third Degree Sexual Offense charges.
Once a warrant for Third 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 Third 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
§3–307. Sexual Offense in the Third Degree
(a) A person may not:
(1) (i) engage in sexual contact with another without the consent of the other; and
(ii) 1. employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;
2. suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;
3. 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; or
4. commit the crime while aided and abetted by another;
(2) engage in sexual contact with another if the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual, and the person performing the act knows or reasonably should know the victim is a mentally defective individual, a mentally incapacitated individual, or a physically helpless individual;
(3) engage in sexual contact with another if the victim is under the age of 14 years, and the person performing the sexual contact is at least 4 years older than the victim;
(4) engage in a sexual act with another if the victim is 14 or 15 years old, and the person performing the sexual act is at least 21 years old; or
(5) engage in vaginal intercourse with another if the victim is 14 or 15 years old, and the person performing the act is at least 21 years old.
(b) A person who violates this section is guilty of the felony of sexual offense in the third degree and on conviction is subject to imprisonment not exceeding 10 years.