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If you are convicted of rape, you will be classified as a sex offender. The sex offender classification is a tiered system, based on the severity of the offense. There’s a side to every story, however. If you’re facing rape charges, don’t delay contacting a Columbus rape defense lawyer.
What are Rape Charges?
Rape may be charged under a number of different circumstances.
To be charged with rape, you are alleged to have done one of the following:
- Had sex with anyone by forcing them or threatening the use of force
- Had sex with someone besides your spouse, or your spouse during a separation, and gave them a drug without their permission
- Had sex with someone besides your spouse, or your spouse during a separation, and that person was under 13, whether or not you knew their age
- Had sex with someone besides your spouse, or your spouse during a separation, and their mental or physical condition, or advanced age, impaired their ability to consent
There are few criminal cases more sensitive or consequences more life altering than when a person is charged with rape. Depending on the severity of the allegations, rape can be punishable by up to life in prison without parole.
Tier I
Tier II
Tier III
Simply put, if you are convicted of a rape, it will be on your criminal background for the rest of your life. No matter what the circumstances were in your case, your life will never be the same. Therefore, it is critical that you give your rape charge the level of importance it deserves.
The Columbus rape defense lawyers at Luftman, Heck & Associates take an aggressive and comprehensive approach when representing clients charged with rape. First and foremost, we will figure out if the charges are fabricated, what mistakes the police or detectives made during their investigation, whether your arrest was lawful, if there were any problems in the collection, storage or testing of evidence and any other legal issues that can be raised on your behalf.
We do this by requesting discovery from the prosecutor and by conducting our own investigation. The discovery will generally consist of police reports, additional investigative notes, lab reports and potentially video or audio.
Our investigation will consist of going to the scene, interviewing all witnesses and potentially hiring a private detective or forensic expert for further investigation. As our client, you will receive a copy of everything received from the prosecutor and our investigation for your review.
Based on the legal weaknesses in the State of Ohio’s case and any other mitigating factors, we will negotiate the best possible plea available with the prosecutor for you to consider in resolving your case.
If your case cannot be resolved satisfactorily with a plea, it would then proceed to a motion hearing (a hearing where the judge issues a ruling on an evidentiary issue) or a trial to the judge or jury, depending on the circumstances.
For nearly ten years, the Columbus rape defense lawyers at Luftman, Heck & Associates have successfully represented clients charged with criminal offenses from minor misdemeanors to first degree felonies. That extensive previous experience will enable us to better help you.
Are you in trouble? Contact a Columbus rape defense lawyer from LHA today.
If you’ve been charged with rape or attempted rape, it’s important to know what you’re up against. If you have any questions left unanswered by this page, or if you need a competent, experienced Columbus sex crimes lawyer to fight for you in court, please contact us at (614) 500-3836 or via email at advice@columbuscriminalattorney.com.
Penalties
Attempted Rape
General Penalties
- A prison term of two to eight years
- A fine of $7,500 to $15,000
- Required registration as a sex offender every 90 days; community notification of sex offender status
With a previous conviction or serious physical harm specification
- You were previously convicted of attempted statutory rape
- You were previously convicted for attempted rape of someone between 16 and 18 with the use or threat of force or someone 10 or younger
- You have a prior conviction that’s similar to either of the above
- You’ve previously been convicted for statutory rape
- You caused serious physical harm to the victim
- You have a previous conviction for any of the above
The penalties are as follows:
- A mandatory prison sentence of 15 years to life
- A possible fine ranging from $10,000 to $20,000
- Required registration as a sex offender every 90 days; community notification of sex offender status
With an offender age specification
- A mandatory prison sentence of five to 25 years
- A fine of $10,000 to $20,000
- Required registration as a sex offender every 90 days; community notification of sex offender status
With a victim age specification
- A mandatory prison sentence of 10 years to life
- A fine of $10,000 to $20,000
- Required registration as a sex offender every 90 days; community notification of sex offender status
Rape
General Penalties
- A prison term of three to 11 years
- A fine of $10,000 to $20,000
- Required registration as a sex offender every 90 days; community notification of sex offender status
The victim was under 13 years old
- A prison term of 10 years to life
- A fine of $10,000 to $20,000
- Required registration as a sex offender every 90 days; community notification of sex offender status
The above, with the use of force or the threat of force
- A prison term of 25 years to life
- A fine of $10,000 to $20,000
- Required registration as a sex offender every 90 days; community notification of sex offender status
The above, but the victim was seriously physically harmed or with a prior conviction for this
- A prison sentence of 25 years to life
- A fine of $10,000 to $20,000
- Required registration as a sex offender every 90 days; community notification of sex offender status
The victim was under 10 years old
- If this was committed after January 2, 2007, a prison term of 15 years to life
- If this was committed before January 2, 2007, a prison term of 10 years to life
- A fine of $10,000 to $20,000
- Required registration as a sex offender every 90 days; community notification of sex offender status
With a sexually violent predator specification
- A prison term of life without parole
- A fine of $10,000 to $20,000
- Required registration as a sex offender every 90 days; community notification of sex offender status
The above, but involving the use or threat of force, a victim under 10 years old, a prior conviction for rape of someone under 13 or serious physical harm caused to the victim
- A prison term of life without parole
- A fine of $10,000 to $20,000
- Required registration as a sex offender every 90 days; community notification of sex offender status