Silver Spring, MD Sexual Assault Attorney

Sexual Assault Lawyer Serving Clients in Silver Spring, MD

Sexual assault is a serious sex crime. If convicted, you may have to register as a sex offender for the rest of your life. Maryland refers to the crime of sexual assault as "sex offense," although you will likely hear the term "sex offense" used broadly to describe any sex crime. Sexual assault refers to any type of nonconsensual sex act or sexual contact other than vaginal intercourse, which is called rape. People who are convicted of most forms of sexual assault can be sent to prison for many years. This type of accusation jeopardizes your entire future.

The Law Offices of Gerstenfield & Demirji, PC. is experienced in defending people who have been accused of sex offense in Maryland. Our dedicated team of Frederick, MD sex offense attorneys will do all we can to make sure that your legal rights are protected while putting forth the strongest defense possible. We understand the severity of your situation, and we will fight to protect your freedom.

Sexual Assault in the First Degree

First-degree rape is committed when a sex act is carried out without the victim's consent and:

• A deadly weapon was used or brandished,
• The victim is suffocated or strangled,
• The offender makes a threat that causes the victim to fear that they will be killed, seriously physically harmed, or kidnapped,
• The assault was carried out during a burglary, or
• Another person was helping the assailant.

This form of sexual assault carries a mandatory minimum sentence of 25 years behind bars, or life without parole in cases where the victim was a child under a certain age.

Sexual Assault in the Second Degree

Second-degree sexual assault applies in situations where force or the threat of force was used, the sexual contact happened without the victim's consent, or when offender knew or should have known that the victim was mentally incapacitated, physically helpless, or when the victim is a child under 14 years old and the offender is at least four years older than the victim. It carries a 15-year mandatory minimum sentence.

Sexual Assault in the Third Degree

This offense applies to situations where sexual contact other than a penetrative sex act was committed without the victim's consent. It also applies to some instances of nonconsensual sex acts that do not meet the criteria to be charged as first or second-degree sex offense.

If nonconsensual sexual contact was committed, it might be charged as third-degree sex offense if:

• A dangerous weapon was used,
• The victim was seriously injured or their breathing was interfered with,
• The victim was threatened with death, kidnapping, or serious harm to them or another person,
• The offender had another person helping them,
• The victim could not consent because they were mentally incapacitated or mentally defective and the offender knew or should have known, or
• The victim was physically helpless.

A third-degree sexual assault might also be charged based on the respective ages of the victim and offender.

Sexual Assault in the Fourth Degree

Sexual assault might be charged as fourth-degree sex offense in several situations. First, it might be charged when the victim was a minor and the offender was an adult, but the age gap was not too large. It can also be charged for any form of nonconsensual sexual contact that does not meet the criteria to be charged as a more serious form of sex offense.

Sexual assault might also be charged in the fourth degree if the offender is in a position of authority at a school the victim attends, and the offender engages in any form of sexual contact or any sex act with the victim and the victim is a minor.

Unlike other forms of sexual assault, sex offense in the fourth degree can be charged as a misdemeanor. However, jail time and registration as a sex offender is still very likely.

Contact a Silver Spring, MD Sexual Assault Lawyer

The Law Offices of Gerstenfield & Demirji, PC. is committed to providing high-quality criminal defense services for those charged with sex offense. Our experienced team of Silver Spring sex offense lawyers will do all we can to guard your rights. Contact us at 301-589-9500 for a complimentary consultation.