Your Virginia Legal Team

Fredericksburg Rape Lawyer

Rape is sexual intercourse done by a person to another, against that person’s will by force, threat, or intimidation. It is also considered rape against an individual who is physically helpless or mentally incapacitated, or against a child if they are a child under the age of 13, regardless of their consent.

Charges and accusations of rape are taken very seriously in Fredericksburg and should be fought with a strong defense as early as possible. A Fredericksburg rape lawyer can work hard to build your defense. An experienced sex crimes defense attorney is your best asset to a positive outcome in your case.

Types of Crimes

Statutory rape is considered rape when the child is under 13 years of age. Currently, the penalty for this sex crime is mandatory life in prison.

Date rape is a colloquial term used to describe a rape between individuals who know each other. Sometimes, there may be drugs or alcohol involved and the alleged victim becomes unable to consent to the sexual intercourse that occurs.

Facing a Jury

The alleged victims in rape cases will often receive sympathy from the jurors. Jurors and judges get upset because the impact on the individual is usually very severe and life-changing. Jurors try to punish people who are convicted of rape for what they deem to be an irreversible life event that changes the person’s life forever and perhaps weighs on them and causes them to have mental anguish.

Date Rape

Date rape is a term used very loosely when the individuals know each other and had a previous sexual relationship or were otherwise acquainted. One person ends up accusing the other of non-consensual sexual activity. There are no specific elements of a date rape case that make it different from other rape case allegations.

Usually, the defense in these kinds of cases from the viewpoint of the person charged with the crime is that the other person did consent. It is more of a consent argument, but it is charged exactly the same way with the same punishment as a Fredericksburg rape charge. The process is the same when an individual goes through it.

Penalties

Rape is a felony offense. For a convicted rapist, the penalty is anything from five years to life. Depending on the factors in the case, the penalties could be more than the mandatory minimum. There are different ways that an individual can get higher mandatory minimums, but a general rape case is five years to life. The maximum in every rape case is life in prison. Because the penalties can become more consequential if aggravations occur, it is important to work with a rape lawyer in Fredericksburg to fight these factors.

Aggravating Factors

Aggravating factors in rape cases in Fredericksburg are things like the use of force with a deadly weapon and resulting injuries from the crime. Aggravating factors include the following:

  • An individual commits rape a child under the age of 13
  • There is an age gap of three years or more between the person charged and the victim
  • There is a scheme or plan to rape that goes along with the rape itself

Mitigating Penalties

If a person wants to mitigate their charges or sentencing, their Fredericksburg rape attorney can engage in plea discussions with the prosecutor to achieve the best possible result in the event the evidence of guilt is overwhelming and there are no viable legal defenses. The attorney’s strategy depends on the specific facts of the case.

It is important to have an experienced attorney because they know what to do, what tactics to take, and how to prepare for the ultimate result, whether it is a trial or a potential mitigation argument instead of a defense.

Contacting an Attorney

If a person faces these charges, they need to contact a Fredericksburg rape lawyer who has experience with felonies and rape cases specifically. Rape cases are very technical and have many types of scientific elements to them that make them hard to defend unless the attorney knows what they are doing. The stakes are so high for a conviction, and life in prison is not something that an individual would want to gamble with by not working with an experienced attorney.

Too often, people think, that if they are accused of rape, especially in a situation where their defense is that it was consensual, they do not need an attorney. That is a huge mistake. Proving that the sex was consensual is more difficult for an individual who does not have an attorney. They are trying to do what an experienced attorney does when representing their client.

Contact Us

Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.

Copyright 2020 Virginia Criminal Lawyer. All rights reserved. Disclaimer/Privacy Policy