Silver Spring, MD Rape Attorney

Rape Defense Attorney Defending Clients in Silver Spring, MD

Rape is one of the most serious sex crimes a person can be charged with. Accusations of rape are taken incredibly seriously in Maryland due to the severe impact this offense can have on the victim. If you have been charged with rape, your freedom and entire future is in jeopardy. You could face years or even the rest of your life behind bars. If you are released, you will have to register as a tier III sex offender for the rest of your life.

The Law Offices of Gerstenfield & Demirji, PC. is highly experienced in representing people who have been charged with rape. Our dedicated team of criminal defense attorneys understands the severity of your situation and the type of impact this case could have on the rest of your life. We will do all we can to provide you with the best defense possible under the circumstances.

Rape in the First Degree

Rape in the first degree is the more serious of Maryland's two types of rape charges. You may be charged with rape in the first degree for several reasons. The first type of rape in the first degree means that you (1) had sexual intercourse with the victim, (2) by force or by threat of force, (3) without the victim's consent. You must also have done any of the following:

• Used or brandished a deadly weapon.
• Seriously injured the victim or another person, such as by suffocating or strangling them.
• Caused the victim to fear that they or another person would be killed, seriously harmed, disfigured, or kidnapped.
• Carried out the rape with another person's assistance.
• Committed the rape during a burglary.

If your attorney can show that any one of these elements is not present, we may be able to have your charges reduced or dismissed, or obtain a "not guilty" verdict at trial.

Enhanced Penalties For Child Victims and Repeat Offenders

You could face enhanced penalties if the victim was a child or if you have prior sex crime convictions. Enhanced penalties apply if:

• The offender is at least 18 years old and the victim was under 13 years old.
• The rape occurred during the kidnapping of a child under 16 years old.
• You have previously been convicted of certain sexual offenses.

If any of these conditions are met, you could be facing life in prison or life without the possibility of parole.

Rape in the Second Degree

Rape in the second degree is still a felony, and a conviction would still make you a tier III sex offender, meaning you would have to register for life. Rape in the second degree means having sexual intercourse with the victim under one of the following circumstances:

• You used force or threatened to use force, and the intercourse occurred without the victim's consent.
• You knew or reasonably should have known that the victim was a mentally defective person, was mentally incapacitated when the rape was carried out, or was physically helpless when the rape occurred.
• The victim was under 14 years old and you were at least four years older.

Enhanced penalties might apply if you were at least 18 years old and the victim was a child younger than 13 years old. If this is the case, you could face a mandatory minimum of 15 years behind bars or a maximum of life in prison.

Rape v. Sexual Assault

Rape specifically applies to the crime of forcing a victim to have sexual intercourse against their will. Sexual assault laws cover other forms of nonconsensual sexual conduct.

Contact a Silver Spring, MD Rape Lawyer

The Law Offices of Gerstenfield & Demirji, PC. is committed to providing the best criminal defense services available regardless of what the defendant has been accused of. Our experienced team of Silver Spring, MD attorneys will do all we can to protect your rights. Contact us at 301-589-9500 for a complimentary consultation.