Virginia Beach Rape Lawyer
A rape charge occurs when an individual has sex with somebody against their will, and the person does so either through some sort of physical force or threat of force or if the person is somehow incapacitated. It is also considered rape if a person is an adult and the individual who they have sex with is under the age of 13 whether consent is provided or not.
A rape charge is a violent case and as such should be taken very seriously because of the social stigma surrounding them, and the severity with which these cases are prosecuted. Cases can be complicated, as often, there is DNA evidence or physical evidence that must be dealt with. For these reasons, if you have been charged with rape, contacting a Virginia Beach rape lawyer should be your top priority. A rape charge can affect the rest of your life and an experienced defense attorney can help you prepare your case.
Rape Charges
There is a standard in considering rape offenses in Virginia Beach, where a person is alleged to have sex with somebody against their will, and there is also a charge of statutory rape, where it is a consensual sexual act. However, the law specifically outlaws that type of behavior – which is if a person is over the age of 18 and the other person is under the age of 18, then that is considered rape.
Rape is punishable by five years to life in prison. If a person is convicted, they are facing significant prison time. Depending on the age of the alleged victim or their mental state, there could be mandatory jail time of 25 years making it imperative that a Virginia Beach rape attorney is consulted.
Date Rape
Virginia does mt have a specific date rape statute, and it is considered under the rape laws that exist in Virginia Beach. Some states have specific date rape statutes but in Virginia, it’s still considered non-consensual sex that is treated under the same statute. These are very serious charges and the penalties can derail a person’s life if they are found guilty. A Virginia Beach rape lawyer will be able to look exactly at what a person is dealing with when they develop their case and can help come to a resolution that minimizes the damage.
Aggravating Factors
Some aggravating factors that could increase the penalties associated with a rape offense include:
- Age of the victim
- Age of the accused
- Whether or not violence was used
- How long it occurred for
- Location
Contacting a Virginia Beach Rape Attorney
These are charges that can result in jail and/or life imprisonment so if a person is not careful, they could end up with some serious penalties. A Virginia Beach rape lawyer is able to talk to the police officers and prosecutors. An experienced lawyer will look at the physical evidence, especially if there is DNA present. The lawyer can look to see if there are any possible mistakes, any issues with the collection of the DNA or the chain of custody which can be used to mitigate the crime.
A person wants an attorney who knows exactly what the Commonwealth has to establish in order to find them guilty. They need a Virginia Beach rape attorney who can talk to police officers and find out exactly what they have against the person, and who an advocate for their client.
