Rape

What Affects The Degree Of A Charge?

Accusations of rape can result in some of the most serious criminal charges in North Carolina law. These charges have the potential to change the course of your life. They carry significant prison terms and even after release, you could be forced to register as a sex offender for the rest of your life. When facing these penalties, you need an experienced criminal defense lawyer and you need to contact one NOW.

At Randall & Stump, PLLC, we know how to fight these charges. We have done so before and have a track record of successfully defending clients. Our attorneys know how to identify defenses and build the strongest possible defense. We will protect your constitutional rights, mostly importantly the right to be presumed "innocent until proven guilty" beyond a reasonable doubt.

You need a fierce advocate: Call 704-286-6942 now to find out what we can do to help.

First-Degree Rape Charges

To prove the crime of first degree rape, the prosecution must generally prove that intercourse occurred by force and against the will of another person, in one of three scenarios:

  • By displaying or threatening to use what the alleged victim reasonably believed to be a dangerous or deadly weapon - if this is the accusation, a related weapons offense is also possible
  • By inflicting serious personal injury
  • When one or more other people were involved in the commission of the offense

The charge is very serious and classified as a B1 felony. In addition to fines, fees, registering as a sex offender, and prison time, a unique consequence of this crime is that a person convicted has no child custody rights to a child conceived during the commission of the offense.

Second-Degree Rape Charges

Lesser forcible rape/sex offenses might be charged based on the specific allegations and lack of some of the above factors. But these are still felony-level offenses with severe penalties and lengthy prison sentences.

To prove that second degree rape occurred, the prosecution must prove that intercourse occurred in one of the following scenarios:

  • By force and against the will of the other person
  • With mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or reasonably should know the other person is mentally disabled, mentally incapacitated, or physically helpless.

In North Carolina, second degree rape is punished as a Class C felony. If convicted, you face a significant amount of time in prison, court fines and fees, will be required to register as a sex offender, and also have no rights to a child conceived during the commission of the offense.

Get a bulldog in your corner. To schedule a FREE initial consult with one of our attorneys, please send us a message or call 704-286-6942 or toll free at 800-565-1435 immediately.