Some of the most difficult cases to prove and generally dealing with are crimes involving sexual offense in Maryland. The severity of the punishments increases as the sexual offenses become more serious. Sexual offenses are divided into four categories, from first to fourth degree, and each of them consists of different crimes involving different consequences. A first degree of sexual offense is the more severe of the cases, and fourth is the least.
In Maryland, second-degree sexual offense may be defined as any sexual act not involving copulation, with a mentally incapable or physically powerless due to a handicap, disability or is affected by alcohol or any type of drug. It also involves victims under the age of 14 and an aggressor that is four years older. Secondary sexual offense involves the use of weapons and force or threatening to use them to engage in these sexual acts. An accusation of this felony may result in being sentenced to jail for a period up to 20 years.
A good attorney may help the accused party to prove their innocence, or to negotiate a downward interpretation of charges. For example, reducing your charges from first degree to second degree. This means less time spent in prison. So if you face criminal sexual offense charges in Maryland, you must contact a lawyer to advise and help you negotiate for a less intense punishment.
An example of second-degree sexual offense in Maryland includes statutory rape. It involves any kind of inappropriate touching of an underage person. With this accusation, the public eye may consider you as guilty even before the trial starts. Consequences include fines, prison and often permanent registration as a sex offender. After accusations, speak directly to a lawyer for advice and trying to negotiate a reduction of charges.
Second-degree sexual offense differ from first degree in several manners. First degree punishments involve a minimum of 25 years of jail time, whereas second degree has a maximum of 20 years. First degree involves a victim under 16 years and the accused being 18 years or older.
Third degree differs from second degree as it has a maximum of ten years in jail. It involves a victim under 14 or 15 years in age and an offender older than 21 years. However, fourth-degree sex offense is less demanding than a second-degree charge. For a first time charge, it will only be one year of jail and a 1,000 dollar fine. It usually takes place in primary and secondary school, and sex offenders are usually teachers and counselors abusing their power over students.
Generally, the major player in sexual offense crimes is the DNA. If the DNA on the site of the sexual offense matches that of the accused individual, the victim’s accusations will be supported by this evidence and the offender will be punished. However, charges against the accused individual will be directly dismissed if the DNA does not match. Psychologists are usually called to help in these types of crimes because sometimes young accusers lie for being mad at a friend or relative.