Aggravating Factors of a Maryland Sexual Battery Offense

Certain aggravating factors of a Maryland sexual battery offense may change the course of a person’s criminal case. While sexual battery charges are serious and may have life long consequences for the accused, these factors could add to the potential penalties defendants face. Speak to a well-versed attorney to learn your rights when facing such allegations and aggravating factors. A skilled defense attorney could fight tirelessly on your behalf.

Examples of Factors that Aggravate Sexual Offense Allegations

There is a variety of aggravating factors of a sexual battery offense or sexual offense charge in Maryland. Some of the most common relate to the status or the condition of the accuser. If the accuser is a minor, it is a significant aggravating factor. If they were incapacitated in some way, which could occur if they were passed out from either mutilation or intoxication, or if the person had a mental or cognitive impairment that affects their ability to be aware of their surroundings, those could be aggravating factors since the individual was vulnerable in some way.

Other aggravating factors are the use of force or the threat of the use of force, which could elevate a sex offense to the next degree. Given the specifics of the allegation, a fourth-degree could elevate to a third-degree, second-degree, or a first-degree.

How Might These Factors Impact a Criminal Charge?

These different aggravating factors might impact the charge in a few different ways. Typically, they could increase the sentence or the offer that the accused receives from the state. The aggravating factors of a sexual battery offense in Maryland and other specifics of an allegation are taken into consideration by judges for sentencing even if the aggravating factors are not reflected in the charge. Within the judge’s discretion, the penalties are almost always increased based on aggravating factors that might be present.

As an example, if the accuser’ age or another condition of physical and mental handicap leaves them vulnerable, it is a direct increase to the calculations of the sentencing guidelines. Other conditions could also have a direct impact on the charge. Sexual contact without consent is a sex offense in the fourth degree. While it is a serious criminal charge, it is a misdemeanor with the maximum penalty of six months in jail. If a sexual act is committed without someone’s consent through the use of force or if the accuser is vulnerable in specific ways, it could enhance the crime from a sex offense in the fourth degree to a sex offense in the third degree, which is a felony and carries a much more significant penalty. Given the potential severity of these aggravating factors, it may be important to consult an experienced defense attorney.

A Maryland Sex Crimes Attorney Could Provide Provide Legal Advice

Aggravating factors of a Maryland sexual battery offense could increase a defendant’s sentence, which may increase the charge and the specifics. Such impacts vary on the type of allegation and the type of aggravating factor. Those who are facing such cases are recommended to contact an accomplished defense attorney to learn their options. A well-practiced lawyer could review a person’s case to determine which factors may face, explain how it might impact their charges, and build their defense case. Call a lawyer today to learn more.