Raleigh Sex Crimes Attorney – Rape, Including First Degree Forcible Rape
Rape allegations are extremely serious. Not only are rape cases emotional, often controversial affairs, but being accused of committing rape also creates a life-long stigma. Moreover, convicted individuals face the prospect of extensive imprisonment and a lifetime on the North Carolina sex registry. The consequences of a rape conviction are truly devastating, and prosecutors and judges can, in some cases, favor the alleged victim. For these reasons, you need to contact an experienced Raleigh rape and sex crimes attorney as soon as possible.
At the Law Office of Dewey Brinkley, we’ve successfully defended several individuals charged with sex crimes, and we have the resources and legal know-how to strengthen your case and make sure that your voice is heard. Don’t lose your freedom to wrongful accusations or a misunderstood situation, and call Raleigh criminal defense attorney Dewey Brinkley today at (919) 832-0307.
Rape Laws in North Carolina
According to North Carolina legal definitions, sexual assault occurs when the defendant allegedly subjects one or more individuals to unwanted sexual acts, including rape. It is important to note that NC considers “rape” as forced vaginal penetration. Nonetheless, many acts of forced sexual assault can result in anywhere from 44 months to life in prison.
There are two different degrees of rape in North Carolina, including:
- First-Degree Forcible Rape (G.S. § 14-27.21) — A person engages in vaginal intercourse with another person by force.
- Second-Degree Rape (G.S. § 14-27.22) — A person engages in vaginal intercourse with another person who is mentally disabled, mentally incapacitated, or physically helpless. Or, a person engages in vaginal intercourse with another person by force and against the will of the other person.
For an alleged crime to be first-degree forcible rape, the offender may have committed the sexual assault along with other crimes or circumstances. For example, the offender committed the crime with other people, the offender inflicted serious personal injury, or the offender used or displayed a dangerous weapon. Furthermore, the sexual act doesn’t have to be forced for it to be rape; a person can commit rape by using fear, threats, or duress.
Possible Punishments for a Guilty Conviction
If the court successfully convicts an individual of first-degree or second-degree rape, the defendant will be facing a felony punishable by years behind bars. For instance, a first-degree rape conviction is a class B1 felony that can result in a minimum sentence of 25 years. If the victim was under 12 at the time of the crime, the defendant could be facing life in prison without the possibility of parole. A second-degree rape conviction is a class C felony that can result in 44 to 182 months imprisonment.
It is important to remember that North Carolina judges do have some ability to increase or decrease the length of imprisonment based on the circumstances of the crime.
Contact the Law Office of Dewey P. Brinkley Now!
Even the accusation of rape can ruin a person’s reputation, and if convicted of rape, the defendant will carry the lifelong stigma of being a rapist (a detail made public through the sex offender registry). Moreover, rape cases can also be controversial, and defendants are sometimes investigated and judged in an unfair manner, whether by the jury, the prosecution, the public, or the Judge him/herself. In order to maintain the due process of law and a presumption of innocence, it is essential to have an experienced and aggressive criminal defense attorney who’ll fight for you.
We at Dewey P. Brinkley will thoroughly and comprehensively investigate the circumstances around the alleged crime, and we will challenge the prosecution’s narrative, evidence, and witnesses from multiple fronts. Our goal is to achieve a not-guilty result or dropped charges; if the evidence is truly and completely stacked against you, we will vigorously push for reduced or alternative sentencing. For a free consultation with sex crimes attorney Dewey Brinkley, call our Raleigh law office today at (919) 832-0307.