Get Help From our Rape Defense Lawyer in Lexington, KY
If you are facing rape charges in Kentucky, the consequences are serious, and you need all the help you can get to fight these accusations. Perhaps more than any other type of crime, being accused of a sexual offense means being tried in the court of public opinion. The nature of the accusations is often sufficient to serve as the basis for an assumption of guilt, but that prejudgment is unjust. No matter what the charges, everyone has the constitutional right to a fair trial in a court of law where the prosecution must use evidence to rebut the presumption that the defendant is innocent and must prove, beyond a reasonable doubt, each essential element of the crime.
Accusations of rape are not proof, but they can have immediate and lasting consequences. Protect yourself by talking with an experienced rape defense attorney as soon as possible after you have been arrested or charged. It’s the only way to ensure that you have the best defense and the most legal options. From fighting for an acquittal or a dismissal to pleading guilty to a reduced charge, rape defense attorney Dan Carman will work closely with you every step of the way and help you make informed decisions regarding the best course of action. With a military background and skills oriented for both state and federal criminal matters, Dan is particularly well-suited to help you navigate the legal process. Our firm offers a free consultation to discuss your individual situation, so call Dan today to plan the aggressive defense that you will need.
Why Choose Our Rape Defense Attorneys in Lexington, KY?
There are many attorneys out there, and you should hire one you can trust and who can provide the aggressive defense you need when faced with serious charges. Dan Carman has worked as a prosecutor, so he knows how they operate and how the criminal system works. He has defended those charged with rape, possession and distribution of drugs, possession of child pornography, larceny, hazing, obstruction of justice, and many other crimes. He works tirelessly for his clients to provide them with the best defense possible. Here are some other reasons why you should choose our rape defense attorneys in Lexington, KY.
- We focus on criminal law cases and will help guide you through the intricate legal processes involved.
- We are available 24/7.
- We are local and familiar with local issues and local courts. Dan Carman is a native of Lexington, Kentucky, and graduated from the University of Kentucky College of Law in 2005, where he was a member of the Kentucky Law Journal.
- We provide free, confidential, and no-obligation consultations.
- We are happy to give advice to help you in any way we can.
When you have Dan Carman on your side, our legal team will get to work immediately to pursue justice for you. We will:
- Meet with you and listen to your explanation of why you were charged with rape and determine what possible defenses we might use.
- Gather evidence such as from photos and videos; police, accident and medical reports; and interviews with any witnesses and first responders.
- Examine the actions of the law enforcement officials to determine if the laws and requirements pertaining to arrests were fully met, and examine other circumstances surrounding the case to make sure your rights are protected. Evidence found to be inadmissible due to its being unlawfully obtained can greatly enhance the possibility that you will be found not guilty.
- Take care of all legal requirements in a timely manner, including filing all paperwork, making court appearances, and handling appeals.
- Negotiate aggressively with prosecutors and other attorneys to have your charges dropped or reduced.
- Build your case and take it to court to defend you before a judge and jury, if necessary.
Our Rape Defense Attorney in Lexington, KY, Explains Rape Charges and Punishments
Historically, the characterization of rape has tended to center around an act of forced vaginal intercourse by a male on a female who was not his wife. The force typically involved physical violence or imminent threat of severe bodily harm. That definition has evolved to encompass any gender as a possible perpetrator or victim and the reality that rape can occur with objects other than sex organs.
Kentucky currently classifies rape in three degrees, and the circumstances surrounding the rape determine under which law an offender is prosecuted. “Penetration of the sex organs of one person by a foreign object manipulated by another person” is included in the legal definition of rape, which “occurs upon any penetration, however slight; emission is not required.”
First-degree rape – Under Kentucky law, (Ky. Rev. Stat. section 510.040) the most serious level is rape in the first degree, which happens when:
- A person engages in sexual intercourse with another person by forcible compulsion; or
- A person engages in sexual intercourse with another person who is incapable of consent because he or she is physically helpless or is less than 12 years old.
Second-degree rape – Under Kentucky law, (KRS section 510.050), happens when a person:
- Being 18 years old or more, engages in sexual intercourse with another person less than 14 years old; or
- Engages in sexual intercourse with another person who is mentally incapacitated.
Third-degree rape – Under Kentucky law (KRS section 510.60), a person who has sexual intercourse with someone in one of the following situations is guilty of rape in the third degree:
- Victim isn’t capable of consenting to the act because he or she has an intellectual disability;
- Defendant is 21 years old or older and the victim is less than 16 years old;
- Defendant is 21 years old or older and the victim is less than 18 years old and lives in the defendant’s foster family home;
- Defendant is in a position of authority or position of special trust, the victim is under 18 years old, and the victim came into contact with the defendant as a result of that position; or
- Defendant is a jailer (or is associated with the Department of Corrections) and knows that the victim is incarcerated, supervised, evaluated, or treated by the Department of Corrections.
Our Lexington Rape Defense Lawyer Knows Punishments are Severe
Rape is a felony crime, with severe punishments that increase according to the degree of rape.
Classified as a Class B felony, rape in the first degree is punishable by 10 to 20 years in prison. If the victim is under age 12 or is seriously injured, the offense is accelerated to a Class A felony and carries a minimum sentence of 20 years. Second-degree rape is a Class C felony punishable by 5 to 10 years in prison while third-degree rape is a Class D felony punishable by imprisonment of 1 to 5 years. A fine of between $1,000 and $10,000 also applies to all felonies. These sentence ranges are mere recommendations for the court and may be enhanced if certain aggravating circumstances are present.
There is no sugarcoating it – a rape charge is serious and carries serious consequences, including mandatory sex offender registration. If you have been accused of rape, don’t leave the outcome to chance.
Our Lawyer for Rape Charges Utilizes Multiple Defenses
The goal of prosecutors is to see you sentenced with the highest penalties available for your specific case, but our experienced rape defense attorney knows how to build defenses to rape charges. We know that false accusations are common in rape cases, and consensual sexual contact may have actually taken place. We will examine important details such as the motive of the accuser, the circumstances under which the accusations arose, and the mental state of the accused, as well as how to argue defenses, from mistaken identity to alibi, consent to insufficient evidence.
We defend rape charges by looking for weaknesses in the prosecutor’s case, such as lack of evidence, faulty medical evaluations, problems with chain of custody issues, illegal search or seizure, unlawful arrests, failure to read Miranda rights or other rights violations. We utilize defenses such as mistaken identity, alibi, consensual sex, insufficient evidence, and false allegations. We are skilled in the cross-examination of witnesses and will constantly challenge the prosecution and look for evidence that supports your side of the story.
Remember, the state has to prove its case beyond a reasonable doubt to get a conviction, so we will do everything possible to undermine the state’s case against you and fight for your rights and freedom.
Call Our Rape Defense Attorneys in Lexington, KY, for Help
Dan Carman has defended clients accused of crimes ranging from highly severe felonies to lesser misdemeanors and is dedicated to building the best possible defense for every client. He knows that many factors make up a rape charge and that there are at least two sides to every story.
If you have been charged with rape, make sure you have an advocate in your corner, an experienced criminal defense lawyer who will thoroughly review and investigate the factual and the legal issues in your case. Fight back against the accusations and keep your record (and your reputation) clean. For aggressive and comprehensive criminal defense representation, contact the Lexington-based Carman Law Firm today. We have successfully represented countless individuals who have been where you are now, and we have the experience you need to fight against your rape charges.