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Cleveland Rape Defense Lawyer

As a first-degree felony, rape is a serious sex crime in Ohio. Convictions result in lengthy prison terms and sex offender registration, among other harsh consequences. Law enforcement and prosecutors do not take rape charges lightly, and neither should you. If you have been arrested, accused, or are being investigated for rape charges, contact Cleveland rape defense lawyer Daniel M. Margolis immediately.

Early intervention from an experienced attorney is often the key to dealing with sensitive and emotionally charged rape allegations. An aggressive defense will also be critical to securing the best possible outcome. This could be a total dismissal, reduced charges, fighting for an acquittal, or mitigating the impact of a conviction. The Law Office of Daniel M. Margolis, LLC will protect your rights and tell your side of the story.

Never answer questions about rape charges in Cleveland before speaking to an attorney. Contact The Law Office of Daniel M. Margolis, LLC at (216) 533-9533 for a free and confidential consultation.

Ohio Rape Charges

Ohio Revised Code (ORC) 2907.02 lists rape as any form of unwanted sexual contact without consent, or through the use of force, intimidation, or coercion. You can be charged with rape if you impair the victim’s judgment with alcohol, drugs, and/or a controlled substance by “force, the threat of force, or deception.” You can also be charged if the other individual is less than 13 years-old (regardless of whether or not you knew their age), or if the alleged victim had an impaired ability to consent due to age or mental capacity, and you had reasonable cause to know of this limitation.

In Ohio, rape is a first-degree felony, generally punishable by three to 11 years in prison and fines reaching $20,000, as well as mandatory sex offender registration. However, if you cause significant physical harm or the alleged victim was under a certain age, you face increased sentences, between 10, 25 years, or up to life in prison without parole.

Based on the severity of a rape conviction, it is important to contact a rape defense lawyer as soon as you become aware of the investigation or immediately after being charged.

Crimes Associated with Rape

In Ohio, there are also various criminal charges associated with rape, including:

Sexual Imposition (ORC 2907.06)

This offense involves sexual contact between two parties when the alleged offender knows the following:

  • The contact is offensive to the victim
  • The other party’s judgment is impaired
  • The alleged offender is aware that the other person or persons submitted to the act not knowing about the sexual contact
  • The accuser is at least 13 years old, but younger than 16, and the alleged offender is over 18 years of age, and four or more years older than the victim
  • The alleged offender is a mental health professional while the victim is a patient who was submitted to the contact by false representation.

Sexual imposition is a third-degree misdemeanor punishable by up to 60 days in jail and $500 in fines for a first offense. For a second conviction, you face a first-degree misdemeanor, subject to up to 180 days in jail and fines reaching $1,000.

Gross Sexual Imposition (ORC 2907.05)

Gross sexual imposition encompasses some form of sexual contact under the following:

  • You attempted to coerce the alleged victim through force or the threat of force
  • The alleged victim is under 13
  • You attempted to or successfully prevented resistance by providing the alleged victim alcohol or drugs
  • The other party was impaired by drugs or alcohol
  • The other party was unable or had a mental condition that prevents them from consenting

Gross sexual imposition is a fourth-degree felony punishable by up to 18 months in prison, fines reaching $5,000, and yearly sex offender registration for 15 years. If you gave the victim a substance to diminish their ability to consent, the offense becomes a third-degree felony, punishable by nine months to three years in prison, fines between $5,000 and $10,000, and yearly sex offender registration for 15 years. If the victim was under 13 years old, you face a third-degree felony, punishable by up to three years in prison (this prison sentence is mandatory if you have a prior sex offense on your record), $10,000 in fines, and sex offender registration every 180 days for 25 years.

Consequences for an Ohio Rape Conviction

Since rape is a first-degree felony in Ohio, it is among the most severely punished crimes under state law. If any aggravating factors existed, you will face a lengthy prison sentence and hefty fines. A rape defense lawyer can help you understand all the potential penalties for a conviction, including:

  • Incarceration
  • Monetary Fines
  • Mandatory sex offender registration
  • Restitution to the victim
  • Community service
  • Probation
  • Counseling

Sex Offender Registration for Rape

Ohio law requires sex offender registration for those convicted of rape. Ohio sex offenders are required to report their personal information at regular intervals to the appropriate agency. This information includes their current employment details, physical home address, phone number, and email address. Registered sex offenders are then added to a public database. Failure to register as required will result in additional criminal penalties.

Current Ohio law designates three levels of registration for convicted sex offenders: Tier I, Tier II, and Tier III. Rape is a Tier III sex offense, requiring convicted offenders to register every 90 days for the rest of their lives. This means that every time an offender moves to a new community, the city will be notified, including everyone living within 1,000 feet of their residence.

How a Rape Defense Attorney Can Help

Rape allegations should always be taken seriously, but unfortunately, false allegations do happen. Police officers sometimes make mistakes, witnesses can misremember details, and evidence can be mishandled. As an experienced and aggressive Cleveland rape lawyer, Daniel M. Margolis will approach your case by first conducting a thorough investigation. If there are problems or weaknesses with the case, we will find them. From there, we will craft the strongest possible defense strategy. If law enforcement made an error, we’ll fight to make sure faulty evidence is not used against you. If the allegations are found to be false, the accuser should be held responsible, and attorney Daniel M. Margolis will strive to clear your name.

The consequences of a rape conviction are extremely serious, so the decision to work with an experienced Cleveland rape attorney is equally important. Attorney Daniel M. Margolis has nearly 20 years of experience in the field of criminal defense and can handle every aspect of your case. From preparing a strong defense to helping you deal with the prosecution, we understand what’s on the line and how to resolve your case in the best possible way.

Contact Cleveland Rape Defense Lawyer Dan Margolis Today

Defend yourself against rape charges. To discuss the details of your specific situation during a no-cost consultation, call (216) 533-9533.

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