Abogado de Montgomery de Leyes de Violación de Maryland
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In the state of Maryland, rape can be divided into two degrees; First grade and second grade. They can be charged with very serious consequences and a person charged with rape should contact a Maryland attorney. Under section 3-303 there are two elements that must be satisfied in order to charge a defendant with first degree rape.
First, a person must have sexual intercourse with the victim without their consent. The second element is whether the sexual relations have taken place through the use of force or weapons without consent.
Other actions that may be considered a first degree rape include:
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- The use or exhibition of any weapon or physical object that the victim considers dangerous.
- Inflicting any serious injury on the victim, this may include suffocating, strangling, or disfiguring the victim.
- Threatening the victim or putting the victim in fear of any possible harm that may be done to the victim or another individual, such as death.
- Raping the victim while being assisted by another person.
- The victim was raped during a robbery.
- He kidnapped the victim.
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In Maryland, if a person violates this section, then they are guilty of rape in the first degree, this felony is punishable by the maximum of life in prison. However, there are increased penalties if this crime has been committed as part of the kidnapping of a minor to anyone under the age of 16. prior convictions of first degree rape. The maximum penalty for this is life in prison without parole. Also in the event that the person is over the age of 18 and has raped a child under the age of 13, then there is a mandatory minimum prison sentence of 25 years.
Under section 3-304 in Maryland, the crime is also divided into two main elements. First, the perpetrator must have had sexual relations with the victim. Second, the perpetrator must have sexual relations with the victim in at least one of the following circumstances:
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- The act occurred through the use of threats and violence by the author, without the consent of the victim.
- The victim is physically or mentally incapacitated, such as being intoxicated or unconscious while the assailant is aware of the victim’s condition.
- If the victim is under the age of 14 and the defendant is at least 4 years older than the victim.
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In the event that a person violates this section in Maryland, then he or she is guilty of rape in the second degree. This act can be punished with up to 20 years in prison. However, if a person 18 years of age or older rapes a child under 13 years of age, the mandatory minimum prison term is 15 years and the maximum is life imprisonment.
In the case of first degree attempted rape in Maryland, then section 3-309, the act is punishable by the maximum of life in prison. Under section 3-310, if a person attempts to commit rape in the second degree, that person can be punished with up to 20 years in prison.
If you need a Maryland rape attorney to help you with your Maryland rape case, call us at 888-437-7747. Our Maryland rape attorneys can help. C