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Currently Browsing: Criminal Laws

How Rape Can Happen

Rape occurs when a person has engaged in sexual activity with another that has not given consent. According to the website of the Nashville sex offense lawyer Brent Horst, rape is a Class B Felony, with a fine of up to $25,000 and prison sentence of up to 30 years. It is even worse if the rape has involved coercion, force, or weapons, because it can be elevated into aggravated rape, which has elevated fines and prison sentences too, of up to $50,000 and 60 years.
These are just for the state of Tennessee, but they give you a clear idea on how devastating the consequences are for convicted rapists. But how can rape happen? It can happen in various instances, even on scenarios where it is not as obvious.

 

Through Force

One of the most known way rape can occur is through physical power, like when a stranger suddenly goes up into an unsuspecting woman and forces himself into her to satisfy his sexual needs. Due to its blatant nature, it is also the easiest case to win, because of the likely availability of physical evidence, like wounds.

Through Threat

Not all rape cases involve blatant use of strength. Many rape cases involve victims who are forced to give in to the sexual advances of the suspected rapist because the suspected rapist has made threats. Threats may come in many forms, but usually, they involve warnings of harm to the victim or the victim’s loved ones, if he or she fails to comply to the suspected rapist’s sexual demands.

Without Consent

One of the most important aspects of rape is that the sexual activity is non-consensual. This can occur on two ways. First, the victim may not be legally allowed to give consent because of his or her age, so the sexual activity, even if it technically features two individuals who have done it in their free will, is still legally non-consensual and therefore considered rape.
Second, the victim may be unable to give his or her consent. The best examples of this are individuals who are intoxicated, unconscious, or mentally incapacitated.

Drunk Driving Kills

You should never accept your fate in a drunk driving offense before talking it over with an experienced attorney. There are many factors which could contribute to an improper charge being given, whether it’s an incorrect breath test reading or an unfair field sobriety tests. Attorneys fight for your rights and look for any infraction to reverse or change your charge(s).

An attorney can assist with cross-examining a police report. These reports are written on the spot by a police officer to act as a narrative for the incident. There are often contradictions within these reports that a skillful attorney can use in court against the officer. The report is used as a conclusive method of describing why the arrest took place, but it doesn’t have to be taken as the final word in relation to your case.

A failed field sobriety test is another unfortunate circumstance that be turned around with the help of an attorney. According to James Powderly, this test is “seldom ever given correctly” and highlights the fact that “balancing tests are very unfair and difficult to perform regardless of alcohol consumption.” An experienced attorney will know how these tests are scored and meant to be given, giving them the ability to see through an incorrectly administered test.

Drug crimes are also often seen as too difficult to escape, but an attorney can work to protect your rights and freedom. By working closely with an attorney to examine the charges against you, you could have one or even all your charges dismissed or drastically decreased in severity. Do not accept a plea bargain or waive your right to a fair trial without an attorney fully investigating your case. Click here to learn more about how you can defend yourself against a drug charge.

Can a Criminal Allegation Affect My Life?

An old saying that has been passed down through the years is the one stating that there is no one person who is above the law. The law was created in order to uphold justice and equality for all people to be accountable for their actions and so that people can live in some semblance of peace and harmony.

To antagonize the prospect of the law – to use it as something to use against another person – is not what the law is for though there are some instances where some people might think that it is used that way. Take a white collar criminal allegation such as conspiracy or fraudulence, according to the website of the lawyers with the Law Offices of Richard A. Portale, P.C., for example; these are acts of felony and are punishable by the law, yes, but the person who is accused of the crime can suffer very real repercussions if they are not held to the same standard of the law.

Innocent until proven guilty is another old saying that needs to be remembered – and it is one that should be upheld for even an allegation can permanently hurt a person’s reputation.

This is a day and age where information and influence are easily manipulated and not so readily recanted; should you be accused of a crime, it could damage your entire life and even the lives of your family. Opportunities – professional, educational, or even social – could be stripped away from you as soon as there is a mark on your record at anything even hinting at a criminal record.

That is why it is of the utmost importance to make sure that there is due justice where justice is due – and the law must serve without bias or malicious, ulterior motive.

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