1st Degree Forcible Rape

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If you’ve been charged with first-degree forcible rape in North Carolina, you can face severe consequences if convicted. At Hiltzheimer Law Office, our team of forcible rape lawyers has decades of experience representing clients who’ve been accused of first-degree rape.

Hiltzheimer North Carolina 1st-Degree Forcible Rape Lawyer

The skilled team at Hiltzheimer Law Office cares about your needs and your individual life situation. We know that each case is unique, and we treat all of our clients with respect and compassion. Because we understand how much a conviction can impact all aspects of your life, we’ll aggressively defend your rights and your freedom.

When you hire us, you benefit from having a seasoned legal team on your side that puts your needs at the forefront. Schedule a consultation with a 1st-degree forcible rape lawyer you can rely on today.

Definition and Elements of First-Degree Forcible Rape NCGS § 14‑27.21

North Carolina law 1st-degree forcible rape NCGS § 14-27.21 states that this sex crime occurs if the defendant engages in vaginal intercourse without the other person’s consent and with the use of force.

To prove 1st-degree forcible rape, the prosecution must show that the defendant either (a) displayed, used, or threatened to use a dangerous or deadly weapon or something the alleged victim considered a dangerous or deadly weapon; (b) inflicted serious personal injury on the alleged victim or another person; or (c) committed the offense while aided and abetted by one or more other individuals.

Understanding Consent and Rape Allegations

Under 1st-degree forcible rape laws in North Carolina, consent is a defense to a charge of forcible rape. The state recognizes the age of consent as 16. Consent is defined as the person giving permission or expressing agreement for vaginal intercourse.

Consent can be taken back at any point, so the state also defines “against the will of the other person” as either not having consent initially or not having consent to continue.

Strategies for Defending Against First-Degree Forcible Rape Charges

At Hiltzheimer Law Office, our rape attorneys can assess your case to build a strong defense against your 1st-degree rape charges. One of the strategies we often rely on is showing that you did have consent when you engaged in sexual intercourse and that the consent continued.

We can also defend you at trial to fight the allegations for the crime you’re accused of committing. To do this, we may retain experts, recruit a private investigator, develop an alibi, or challenge the memory or truthfulness of the alleged victim. If there is DNA or other forensic evidence, we may retain our own expert for the defense team to challenge the reliability of the state’s evidence as a component of a comprehensive defense strategy.

Consequences of First-Degree Forcible Rape Conviction

Felony convictions, such as those for first-degree forcible rape, carry serious penalties in North Carolina. First-degree forcible rape is a Class B1 felony, which means that if you’re convicted, you can face prison time of a minimum of 12 years up to life imprisonment without parole.

For comparison, second-degree forcible rape is a Class C felony, with a minimum sentence of three and a half years and a maximum of 15 years if convicted. Sentencing for 1st-degree forcible rape also includes having to register as a sex offender. You then have to update the registration every 90 days, and you may have to do so for the rest of your life

The Impact of a Rape Conviction on the Convict’s Life

North Carolina laws on 1st-degree forcible rape place restrictions on the places where sex offenders can live and work, as a result of mandatory sex offender registration following a conviction. For example, the person convicted generally won’t be able to live within 1,000 feet of a school or childcare center, and they may not live with children in the house depending on the circumstances. They may even be subject to court-ordered satellite-based monitoring.

Turn to Our Seasoned Lawyers in North Carolina Today.

If you’ve been charged with first-degree forcible rape, it’s vital that you have attorneys with decades of experience by your side. At Hiltzheimer Law Office, we can offer the aggressive defense you need to have a chance of beating the charges.

Contact our 1st-degree forcible rape lawyer in North Carolina to schedule a consultation today.

Frequently Asked Questions

In North Carolina, 1st-degree forcible rape laws categorize this crime as a felony. The severity of the alleged crime and whether a deadly weapon was used will typically impact the class.

The age of consent is 16 in North Carolina.