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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
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Experience:  9 years legal experience, primarily in criminal justice
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I need help with the possible sentences that could be given

Resolved Question:

I need help with the possible sentences that could be given to a guy that raped me
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 1 year ago.
Hello,Customer

I'm sorry to hear about your situation. The various penalties depend on what exactly the person is charged with. Sexual assault in the first degree (meaning that there was also a weapon or serious bodily injury involved) carries a penalty of 15-35 years in jail and a fine. Sexual assault in the second degree (intercourse without consent or where the person is incapable of consent) carries a penalty of 10-25 years in jail and a fine. Sexual assault in the third degree (statutory rape) carries a penalty of 1-5 years in jail. There are also a variety of registration requirements that come with sexual violence convictions and special rules they have to follow upon release.

Rape is one of the most serious offenses after murder and so the courts tend to punish them fairly heavily even if it is only a first offense, particularly if it is first- or second-degree sexual assault. There will almost definitely be a long period of incarceration. The sentence may also involve probation to the court at the end of the period of incarceration, where the person will have to report to a probation officer. Sex offenders are generally supervised more intensively than other offenders and they usually have to complete counseling programs for sexually violent individuals.

I hope this answered your question...if you have further questions feel free to follow up.
Customer: replied 1 year ago.

Thank you for your answer & your help. So the guy who did this was my ex boyfriend who was charged with second degree sexual assault,,,it sounds like they want a plea agreement but i am kind of worried this will make it so he gets away with it. At the same time I don't want it to go to trial either because I don't think I could handle it. Would you be able to tell me what a usual plea agreement would be like in a case like this? I am still afraid of him & just want to be able to feel safe for a long time as this involved injuries

Expert:  Hammer O'Justice replied 1 year ago.
It is hard to predict because plea agreements run the gamut and it depends on how strict the prosecutor is, as well as what his sentencing guidelines are, but just because someone gets a plea agreement doesn't mean they are getting away lightly. When the maximum penalty that he could be facing is 25 years in jail, if the evidence against them is strong, a defendant may take a plea to 10 or 15 years just to avoid the maximum. Prosecutors are supposed to discuss possible pleas with the victim so I would suggest you get in touch with the one assigned to your case to ask what kind of plea they are thinking about offering and so you can discuss your concerns about him getting a lenient sentence.
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4093
Experience: 9 years legal experience, primarily in criminal justice
Hammer O'Justice and 4 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

10 yrs would still be a long time, i am hoping the fact he was my boyfriend doesn't effect it..Thank you for your help

Expert:  Hammer O'Justice replied 1 year ago.
It shouldn't...rape is rape regardless of whether you knew or had a prior relationship with the perpetrator. I am hoping for a good outcome for you. Thanks and take care.

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