How Does Maryland Law Define Second Degree Rape?
A seasoned Baltimore criminal defense attorney knows that rape in the second degree, as charged here in Baltimore, like all criminal charges, has very specific elements. Skilled Baltimore lawyers representing those charged with crime also know that if God is not in the details, an acquittal may be. The State’s inability to prove a key aspect of the case can potentially be exploited. How Does Maryland Law Define Second Degree Rape? The crime of second degree rape, as commonly prosecuted in Baltimore involves forcible, nonconsensual vaginal intercourse with mentally or physically incapacitated victims, or with victims of a certain age.
Key Differences in Baltimore Criminal Offenses: First Degree Rape v. Second Degree Rape
Use of Weapons or Infliction of Serious Injury:
First-degree rape involves additional aggravating factors, such as the use or display of a dangerous weapon, inflicting serious physical injury, suffocation, strangulation, disfigurement, or threats of such actions.
Accomplice Involvement:
First-degree rape includes situations where the perpetrator is aided by one or more accomplices during the commission of the crime.
Concurrent Burglary:
Committing rape in conjunction with a first, second, or third-degree burglary elevates the offense to first-degree rape.
Age of the Victim and Perpetrator:
Both degrees address cases involving minors. Second-degree rape applies when the victim is under 14 years old, and the perpetrator is at least four years older. First-degree rape includes cases where the victim is under 13 years old, and the perpetrator is 18 or older.
Penalties:
First-degree rape carries a more severe penalty, with potential life imprisonment or life without parole under certain circumstances. Second-degree rape is punishable by up to 20 years in prison, with mandatory minimum sentences in specific cases.
As with any criminal charge, the precise and specific language maters. If the State cannot prove each of the elements of the offense, beyond a reasonable doubt, they can not convict. How Does Maryland Law Define Second Degree Rape? The answer to that question can mean years to a defendant. Seasoned Baltimore criminal defense lawyers know that if the State of Maryland feels they cannot convict on the greater, they will certainly seek a conviction on the lesser. As Daniel Penny has learned, that strategy does no always play out.
- Penny Acquitted After Jury Deadlock on More Serious Charge
- Daniel Penny Acquitted Of Lesser Offense
- Backfire!: Penny Acquitted After State Dismisses Higher Charge
Obviously the degree of offense matters to the defendant, and of course the victim. Curiously, however, the penalties for a Baltimore Second degree rape conviction are actually less than with first-degree rape, even though some would convincingly argue the conduct equally reprehensible as that involved in a first-degree rape. If the State has brought charges against you: Call me. 410 591 2835, or fill out the contact template at the bottom of the page. The most important thing you can do at this point is act quickly, and effectively, to protect your interests.
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