North Carolina’s Second-Degree Forcible Rape Lawyer
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All sex crimes are serious, but second-degree forcible rape is one of the most serious. Under North Carolina law, it is second only to first-degree rape. If you have been charged with second-degree rape, you need the assistance of a forcible rape lawyer.
Hiltzheimer North Carolina 2nd Degree Forcible Rape Lawyer
North Carolina imposes serious penalties on sex offenders, and a strong defense is essential. At Hiltzheimer Law Office, we understand that the stigma of sex crime charges can seriously disrupt your personal relationships, career, and future.
Get in touch with us to schedule a consultation with North Carolina’s second-degree forcible rape lawyer.
What Is 2nd Degree Forcible Rape NCGS § 14‑27.22?Subtitle
In the North Carolina statutes, 2nd-degree forcible rape NCGS § 14-27.22 is defined as engaging in vaginal intercourse with another person in one of the following manners:
- By force
- Against the will of the other person
- When the person is unable to consent due to being mentally incapacitated, physically helpless, or having a mental disability
In this latter category, in order to meet the criteria for second-degree rape, the prosecution must prove that the defendant knew (or reasonably should have known) of the victim’s inability to consent.
Notably, the law also specifies that if a child is conceived as a result of the rape, the defendant has no custody rights or parental rights over that child.
If you are convicted of second-degree rape, you will be guilty of a class C felony.
Penalties for a Class C Felony Conviction
For felony convictions other than class A felonies, North Carolina has a complex sentencing process. The court will take into account your prior criminal history, the circumstances of your case, and other factors. For a class C felony, you may spend anywhere from 44 months to 182 months in prison.
Building a Strong Defense
While a rape defense attorney may offer evidence suggesting you didn’t commit the crime, remember that you do not have to prove your innocence to win the case. The state has the burden of proving beyond a reasonable doubt that you committed the crime, which is very different than you having to prove your innocence. If your defense attorney can persuade a jury that there is reason to doubt the evidence, then the jury wil be instructed that they must find you not guilty.
These are some common defenses to 2nd-degree forcible rape charges in North Carolina:
- The other person consented to the sexual act
- You were not present or otherwise could not have committed the crime
- The allegations are a complete fabrication
Once your attorney has gotten to know you and your case, they can create a defense specifically for your circumstances.
Understanding the Legal Process for a 2nd Degree Forcible Rape Charge
If you are arrested for second-degree rape, the legal process proceeds as follows:
- The police file charges against your and an arrest warrant is issued
- The case is presented to a grand jury, and an indictment is returned
- Your case moves from District Court to Superior Court
- Your attorney obtains complete discovery in your case
- Your attorney engages in a process of negotiations with the District Attorney
- You will either accept a negotiated plea agreement with the assistance of your attorney, or reject any plea offer and schedule the case for trial by jury
Second-degree forcible rape lawyers in North Carolina can help you decide whether it’s best to accept a negotiated plea deal or go to trial. If the evidence against you is overwhelming, a carefully negotiated guilty plea can lead to less significantly reduced consequences.
Frequently Asked Questions
Second-degree forcible rape is defined as non-consensual sexual intercourse that does not meet the criteria for first-degree rape under NC law.
It is governed by NCGS § 14‑27.22, which outlines the legal definition and penalties for this offense.
First-degree rape involves aggravating factors like use of a weapon or causing serious bodily injury; second-degree lacks these elements.
Second-degree rape is a Class C felony, typically punishable by up to 25 years in prison.
Yes, a conviction generally requires registration as a sex offender in North Carolina.
Charges are based on evidence of non-consensual sexual intercourse without the aggravating factors that elevate it to first-degree.
Defenses may include challenging consent, mistaken identity, lack of evidence, or procedural errors during arrest or investigation.
Sentences can vary but often range from 8 to 25 years, depending on prior convictions and case specifics.
The accused will be booked, arraigned, and may face pretrial hearings before proceeding to trial.
Yes, through plea negotiations or by challenging the evidence, a skilled lawyer may reduce charges or achieve dismissal.
Attempted second-degree rape occurs when an individual tries but fails to commit the offense, and it is still a felony.
It requires proof of sexual intercourse without consent, and the absence of first-degree aggravating factors.
An attorney can examine evidence, challenge improper procedures, negotiate plea deals, and advocate for the accused throughout the trial.
Yes. Attempted second-degree rape is treated seriously under North Carolina law and can result in felony charges and significant prison time, though typically less than a completed offense.
Yes, legal defense resources, victim advocacy, and specialized criminal defense attorneys like Ben Hiltzheimer can provide guidance and representation.
