If you are accused of committing a sexual assault, you are facing an uphill legal battle. This is a very serious criminal charge, and heavy penalties will be imposed on you if you are convicted.
At Glover Law Firm in Elizabeth City, our legal team is ready to move into action for your defense. Get our firm involved early. Exercise your right to remain silent, and your right to an attorney – and call us before you answer any questions from investigators, even if you are completely innocent.
Innocence does not guarantee your freedom. Danny Glover is a seasoned criminal defense attorney. Get a professional defense team on your side if you are hoping to avoid prison and other consequences.
What are the North Carolina Sex Crime Laws?
North Carolina sex crime laws impose extensive penalties in various types of sexual assault cases, including the following:
First Degree Rape
Rape in the first degree is the charge filed in cases in which a person is accused of intercourse with a child under 13 year old, when the alleged perpetrator is at least four years older than the victim. This charge is also filed in cases in which a person is threatened with a deadly weapon (any item that the victim reasonably believes could be a dangerous or deadly weapon), or in cases in which more than one person is involved in committing the crime.
This is a Class B1 felony, and the sentence will be increased for those with prior convictions for various crimes, including life without parole for those with numerous prior convictions. If there are no prior convictions, the penalties can be as long as 13 years in state prison.
Second Degree Rape
Rape in the second degree is the charge filed when intercourse has been forced against the will of the other person, or when the victim is mentally disabled, incapacitated or physically helpless. This is a Class C felony, with penalties as long as 12 years in prison, with a minimum for a first offender of more than four years.
Statutory rape, or sexual intercourse with a person aged 13-15 with another person who is at least six years older than the alleged victim is a Class B1 felony, with penalties as long as 13 years in state prison in some cases.
What Is a Registered Sex Offender?
State law requires sex offenders to be registered. The registration process has many requirements, and if violated, will result in further time spent in state prison. Once a sentence for the sexual assault is imposed, and if there is no time served, the offender is required to register at once with their county sheriff, and if prison time was imposed, within three days of release. Those with convictions for these crimes are required to register within three days of establishing a residence in the state. The Sheriff is charged with the duty to collect information from the offender and the court documents associated with the case. This information is then entered in the Sex Offender Registry database.
Any person convicted of certain sex offenses (offenses against minors or sexually violent offenses) and who lives in North Carolina or moves into the state, or works in the state, or is a student in the state is required to maintain a sex offender registration, including juvenile convicted offenders. The information submitted will include full name, any aliases, date of birth, sex, race, height, weight, eye color, hair color, driver’s license number, and current home address.
Sex Crime Attorney in North Carolina: The Troubles You Face if Convicted
A current photograph must be provided, as well as fingerprints. You will be required to provide updates every year, and are required to report in person to the sheriff’s office, and inform the sheriff of any change of address, intent to move, or any temporary work at another job or location. Some convicted offenders will be required to register for their remaining lifetimes. In some cases, a petition can be filed to shorten the time period of registration. Your name, address, the crime for which you were convicted and your photo will be accessible by any person who searches the database.
Depend on an Experienced Sex Crime Lawyer for Aggravated Sexual Assault Charges
The outcome of a criminal case involving accusations of sexual assault will be in large part based on the legal and trial skills of your defense lawyer. You may have been involved in a consensual act that the other person later regretted, and then made accusations against you. There may be other mitigating circumstances, or it is a case of mistaken identity.
No matter what happened, at Glover Law Firm, once we take on a case, we fight and fight hard on behalf of clients. Don’t get railroaded by the system. Call us for the experienced sexual assault attorney you will need on your side.
- North Carolina Government: The North Carolina Sex Offender & Public Protection Registration Programs
- North Carolina Statutes: Article 7A – Rape and Other Sex Offenses
- North Carolina Courts: Structured Sentencing Training and Reference Manual