First and Second Degree Sexual Offense

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Raleigh Sex Crimes Defense Attorney

First and Second Degree Sexual Offense

In North Carolina, like many other states, sexual offenses can result in very harsh punishments. As such, being charged with a sexual offense can be a frightening and confusing experience, especially when the charges against you are false or even not completely true. In fact, some sexual offense allegations can arise from misunderstandings or allegations that are exaggerated or even false. For these reasons, it is essential to put up a vigorous defense with the help of an experienced Raleigh sex crimes attorney.

If you are charged with a sexual offense, call the criminal defense attorneys at Raleigh’s Law Office of Dewey P. Brinkley as soon as possible. Once we hear from you, we’ll begin investigating the circumstances surrounding the alleged crime and we’ll build a comprehensive defense with the goal of proving your innocence. For a free, no-obligation consultation, call us now at (919) 832-0307.

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Overview of Sexual Offenses in North Carolina

It is important to note that sexual offenses and rape are fairly similar under North Carolina law. A big difference between the two, however, is that “rape” is legally defined as forcible vaginal penetration, while a “sexual offense” includes all other forcible sexual acts. As such, a person commits a sexual offense in the first degree (a class B1 felony punishable by a minimum of 25 years imprisonment) if any of the following conditions apply:

Serious Sexual Offense Allegations

The defendant committed a forcible sexual offense aided and abetted by one or more other persons
The defendant engaged in a sexual act and inflicted serious personal injury on the victim
The defendant engaged in a sexual act and displayed or employed a dangerous weapon
The defendant engaged in a sexual act by force or against the will of the other person
The defendant engaged in a sexual act with a child under 13 years of age and the defendant is at least 12 years old and is at least four years older than the victim.

A person commits a sexual offense in the second degree (a Class C felony punishable by 44 to 182 months imprisonment) if any of the following conditions apply:

Sexual Offenses Involving Force or Vulnerable Individuals

The defendant committed a forcible sexual offense by using force and by acting against the will of the victim
The defendant engaged in a sexual act with a person who is mentally disabled, mentally incapacitated or physically helpless, and the defendant performing the act knew or reasonably should have known the victim was mentally disabled, mentally incapacitated or physically helpless

The words “sexual act” often refer to cunnilingus, analingus, fellatio, and anal intercourse. If vaginal intercourse occurred, the crime is then considered “rape” in North Carolina law.

Contact the Law Office of Dewey P. Brinkley Today

If convicted of a sexual offense in North Carolina, the defendant may be looking at extensive imprisonment as well as a lifetime addition to the sex offender registry. As such, it is absolutely critical to get the help of a prominent and capable sexual offense attorney as soon as possible.

At the Law Office of Dewey P. Brinkley, our criminal defense attorneys will thorough examine the circumstances of the alleged crime and aggressively challenge the prosecution’s narrative, evidence, and witness testimonies. We will work with you, one-on-one, to make sure that you’re informed about every step of the criminal proceedings, and we will make sure that your interests stand at the forefront of our litigation strategy.

To get started on your case, the first step is to call our Raleigh criminal defense law office by dialing (919) 832-0307. Free consultations are available.