How are Sex Crimes Classified in Maryland?

Sex crimes in Maryland are inappropriate sexual contact with a person without consent. Some examples of sex offenses include abducting a child with the aim of prostitution, sexual assault, rape, incest, child pornography, and lewd and lascivious behavior.

Using force or the threat of force against another person to pressure them into sadomasochistic behavior or sexual activity is prohibited by law. Adults are not permitted to engage in sexual activity with minors in Maryland. A child in Maryland is a person under the age of 18. But a person must be at least 16 to consent to sexual conduct.

Classification of Sex Crimes in Maryland

Sex crimes in Maryland are categorized into second, third, and fourth-degree. The classification of a sex offense depends on the nature and type of the crime. The most serious sexual offenses are those of the second degree, while the least serious ones are those of the fourth.

What are second-degree Sex Crimes in Maryland?

Second-degree sex crimes in Maryland often consist of two things:

1. A sexual act involving the accused and the victim must have taken place.
2. At least one of the conditions below must be met when the conduct was committed.

• The victim was under 14 years old, while the attacker was at least four years older.
• The victim was either mentally ill, physically helpless, or both when the incident happened. And that the offender at the time should have known or could have inferred.
• The victim was coerced into the sexual act using actual or threatened force.

Penalties for Second-Degree Sexual offenses in Maryland

Second-degree sex crimes in Maryland are felonies. A second-degree sexual offense conviction carries a maximum sentence of 20 years in prison. A mandatory 15-year jail sentence might be imposed If the perpetrator was 18 years of age or older and committed a sex offense with a person who was younger than 13 years at the time the act happened. In such a case, the judge has the option of handing down a sentence of 15 years to life in prison for the offender.

Finally, people are frequently charged with second-degree sex offenses whether they commit the crime or not. A former romantic partner or spouse may be the target of some people’s desire for vengeance. You have the right to deny any allegations and defend yourself If a lawsuit is filed against you.

One of the most important skills for any skilled criminal defense lawyer is recognizing, gathering, and examining diverse evidence. Every criminal case requires evidence to help the criminal defense process. Credible evidence may quickly assist in convicting a criminal. These five forms of evidence are acceptable in court for criminal defense.

Real Evidence

Real evidence was any object used or present at the crime scene when the crime was committed. The document or object will be offered as actual evidence in court. Among these materials are a rifle, stained clothing, money with anti-theft markings, a knife, a bent car, and other items.

Physical evidence is significant; therefore, a lawyer must carefully examine it to ensure it is real, pertinent, and important to the case. The foundation is laid during this process. Your attorney must use witnesses to show the jury the chain of possession for the object.

Documentary Evidence for Criminal Defense Process

Documentary evidence is frequently used as the primary form of real proof in criminal prosecutions. In general, this refers to any evidence that adds to the commonly provided documentation of the events leading up to the crime during trials. For instance, the broken contract would be appropriate documented evidence if your criminal defense lawyer asserted a claim of breach of contract.

Primary and secondary sources are both acceptable forms of documentary evidence. Primary evidence is when an original document is presented to the court for review. However, an authenticated copy of the original document is considered secondary evidence.

Demonstrative Evidence

Demonstrative evidence is used to support testimony to establish the truth or falsity of a claim. Animations, diagrams, maps, and other visual aids are frequently used as demonstrative evidence.

Testimonial Evidence For Criminal Defense Process

Testimonial evidence, frequently considered the simplest way to provide evidence, takes testimony from witnesses willing to describe what they saw before, during, or after the crime. Your criminal defense lawyer will attest that this proof is legitimate even without backing.

Digital Evidence

Digital evidence is information acquired from any digital file or electronic source. Examples of digital evidence are text messages, emails, phone calls, papers, and information extracted from hard drives.

Lastly, contact a criminal defense attorney for the evidence needed for your criminal case.

What Are the Major Stages of a Criminal Case in Maryland?

Handling a criminal case in Maryland can be a complicated affair without the proper knowledge of the proceedings. Often the process involves an array of stages that could take a significant amount of time to get through, depending on the nature of the crime and the specific state’s laws. Below are the major stages of a criminal case in Maryland.

1.   Investigation

Every criminal case begins with an investigation. In Maryland, charges and investigations usually start when someone files a complaint with the officials. Say, for instance, there was a fight at the bar or an incidence of domestic violence. In such cases, when the police are called, it is on the grounds of “exigent circumstances,” and depending on the severity of the issue, a warrant might not be necessary. However, the authorities may interview the involved persons, further investigate the intricacies of the matter, and determine whether criminal charges will be filed.

2.   Processing With the Necessary Authorities

Following up after the investigation by law enforcement officials, depending on the nature of the criminal case in Maryland, the next stage is usually handled by the involved authorities. Who may either be commissioners, the police themselves, or handed over to detectives and administrative investigators, depending on the case.

3.   Filing a Charge for  Criminal Case in Maryland

Depending on the nature of the incident, the reporting personnel or government might decide to file charges against the other party. If this is the case, the reporting person is to see the commissioner or police officer, who will verify and validate the provided facts. The integrity of information and the nature of the crime are the factors that will direct the commissioner into deciding whether or not the case is worth filing.

4.   Preliminary Hearings for A Criminal Case In Maryland

Once the provided facts are correct, in Maryland, the next step is having the defendant exercise their rights to a preliminary hearing in a district court. In a preliminary hearing, evidence is first provided by the state’s attorney’s office. Based on the information provided, the district court is then to decide whether the case should continue in a circuit court.

5.   An Investigation by A Grand Jury

Depending on the severity and nature of the crime, or in an instance when the integrity of provided information needs to be clarified further, a more independent body might be required. At the federal and state levels, a grand jury comprises 24 jurors. This body is responsible for validating facts following the state’s laws and ensuring no over-exaggeration or misleading information. The review of the grand jury will be the basis of whether indicting the defendant is valid.

6.   An Arraignment in Criminal Court

If the Grand jury finds the indictment of the defendant valid, the defendant is to appear before the criminal court. It is of utmost importance for the defendant to have a skilled lawyer present through this process to be adequately informed about the intricacies of the arraignment and how to best navigate the situation. After arraignment, a trial date is set, and the time before the trial is a necessary period called the “discovery time.” During this period, it is in the defendant’s best interest to have an experienced attorney going through every detail of the case and obtaining the necessary information to ensure the affected party can benefit from the situation.

Are you aware of your best choice between settlements and trials in your criminal case? You might decide right away in some situations that you want to settle the matter amicably, but you might decide that you would like to go to trial in other situations.

A Trial

A trial is a procedure through which a judicial authority examines a dispute between the parties. They establish their legal rights on an equal footing and follow due process before a judge or jury, who subsequently renders a verdict on the plaintiff’s damages. A courtroom may consist of a judge, jury, lawyers, witnesses, and testimony.

Pros

The jury may award more money in damages than would have been decided in a settlement in court. But you might or might not benefit from this. Trials also frequently result in an admission of guilt, which can give people involved a more substantial and lasting closure.

Cons

There are many factors to consider throughout the trial, and any one of them could potentially alter how the case turns out. This ambiguity over the date, outcome and other factors can be exceedingly stressful for all parties concerned. Trials may last for years before reaching a decision.

Settlement

Reaching a settlement means reaching an agreement or resolution outside the courtroom. A payment that has been considered to be an appropriate amount of compensation for whatever losses have happened is typically included in this resolution.

Pros

You are informed of the agreed-upon amount of compensation and may even have more input into it in settlements. Settlements are frequently concluded much more quickly than legal proceedings. You can avoid the high legal fees and other expenses that come with going to trial by coming to a settlement. You might feel less mental and emotional stress If you decide to settle instead than going to trial. Settlements also allow for greater personal privacy.

Cons

There is no assurance that the compensation amount chosen would be more favorable to you than what a jury would find reasonable. Defendants frequently do not express any regret or make formal admissions of guilt in settlements.

Lastly, consult a criminal defense lawyer to get a picture of how your case might develop by understanding the distinctions between approaches to your criminal case.

Arrests On The Eastern Shore Of Maryland

The eastern shore of Maryland is known for its rich history, beautiful landscapes, and vibrant communities but the Eastern Shore of Maryland also has a fair share of criminal activity. Some believe that this is due in part to its proximity to major metropolitan areas like Washington, D.C., Baltimore, and Philadelphia. While communities may look perfect on the outside, no one is above making a mistake that lands them in handcuffs or a criminal court. The region has also been home to a number of high-profile criminal cases, including the murder of former NFL star Aaron Hernandez.

Crime rate on the Eastern Shore

In recent years, the Eastern Shore has seen a decrease in overall crime rates. However, there has been an increase in the number of drug-related crimes. In particular, heroin and opioid abuse have become a major problem in the region.

If you are facing criminal charges on the Eastern Shore of Maryland, it is important to have an experienced lawyer by your side. The attorneys at Britt Criminal Defense have extensive experience handling criminal cases on the Eastern Shore, and we will work tirelessly to help you achieve the best possible outcome for your situation. Contact us today to schedule a consultation and learn more about how we can help you.

Get Help Today

No matter what type of criminal charges you may be facing, the attorneys at Britt Criminal Defense are here to help. Your future depends on effective defense and we have decades of experience handling complex criminal cases on the Eastern Shore, and we will work tirelessly to achieve the best possible outcome for your situation.