Were you arrested or accused of rape in Birmingham, AL? The impact of these allegations can be immediate and overwhelming, from damage to your reputation to the possibility of serious criminal penalties. Law enforcement in Alabama takes sex crime accusations very seriously, and investigations against defendants move quickly.
That’s why it’s important to get help from a knowledgeable defense attorney in Birmingham, Alabama, right away. Contact Jaffe, Hanle, Whisonant & Knight, P.C. at (205) 930-9800 to schedule a free consultation with a Birmingham rape defense attorney.
Why Choose Jaffe, Hanle, Whisonant & Knight, P.C. if You’re Arrested For Rape in Birmingham?
When you’re accused of a serious crime like rape in Birmingham, AL, you need more than just any lawyer – you need a law firm that has experience with these difficult and sensitive cases.
Here’s what sets our us apart:
- 100+ years of combined legal experience in complex, high-stakes cases
- Trusted by clients and attorneys nationwide – other lawyers refer demanding cases to us, and we’ve defended professionals facing criminal allegations
- Our firm is the only law office in the country to have freed three men from death row by winning new trials
Rape charges carry lifelong consequences, but there’s no reason to give up. You have the ability and the right to fight back. Let our skilled Birmingham criminal defense lawyers fight fearlessly for your freedom and your reputation. Contact Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free consultation with a Birmingham rape defense lawyer.
Overview of Rape in Alabama
Alabama’s definition of rape covers several scenarios that can lead to some of the harshest criminal penalties under state law.
First-Degree Rape
First-degree rape involves sexual intercourse under one or more of these circumstances:
- The other person is unable to give legal consent because they are either physically helpless or mentally incapacitated, or
- The alleged victim is under 12 years old, and the accused is 16 or older
First-degree rape is considered a Class A felony.
Second-Degree Rape
Second-degree rape involves consensual sexual intercourse, but between people where one is too young under Alabama law for the sex to be considered legal.
Specifically, these charges apply if: the accused is at least 16 years old and at least two years older than the alleged victim, who is between 12 and 15 years old
Second-degree rape has less severe penalties than first-degree rape by statute, but it is still a felony that includes the possibility of severe consequences.
Aggravating Circumstances
Certain details about a case can make the crime even more serious or increase the sentence significantly.
Aggravating factors include:
- The age of the victim
- Whether the use or threat of a weapon occurred
- If the encounter resulted in physical harm
- Whether the accused has previous sex crime convictions or violent offenses
These circumstances can make punishment harsher.
What Are the Penalties for Rape in Birmingham, Alabama?
The potential prison sentences for rape convictions in Alabama are extremely serious and life-changing.
Penalties for Rape in the First Degree
Punishments start at a minimum of 10 years in prison, with the maximum being 99 years or even life behind bars. Judges do not have the power to award probation for this charge, and mandatory sex offender registration is likely.
Penalties for Rape in the Second Degree
The sentence for second-degree rape ranges from a minimum of 2 years up to 20 years in state prison. A conviction still means a felony record and lifelong status as a registered sex offender.
Both charges carry collateral consequences far beyond prison time. A rape conviction in Alabama can derail your job, strain family relationships, and make everyday life extremely difficult. If you’re facing these serious allegations, an experienced defense attorney can help you understand the stakes and fight for your rights every step of the way.
What Defenses Can Be Raised if I’m Arrested for Rape?
Being accused of rape is serious, but it’s important to remember that there are defense strategies that a skilled attorney can use, depending on the facts of your case.
- Consent: Your attorney can argue that the activity was consensual, but only if all parties were old enough to consent legally.
- Mistaken identity: Sometimes, eyewitnesses make mistakes, and the accused is wrongly identified. Your defense attorney can challenge the identification and argue that you weren’t the perpetrator. Providing alibi evidence is incredibly helpful here.
- False accusation: Some cases arise from personal disputes, such as a breakup, jealousy, or even ongoing family or custody battles. If a claim was made out of spite or misunderstanding, it is crucial to show facts that prove the accusation is false.
- Insufficient evidence: The burden of proof falls on the prosecution. If their evidence is weak or incomplete, your attorney can argue that guilt has not been proven beyond a reasonable doubt. You don’t have to prove you are innocent – you just have to raise a reasonable doubt.
Building a strong defense is possible with the right approach and careful review of the facts
Schedule a Free Case Evaluation With Our Birmingham Rape Defense Attorney
Facing a rape charge is undoubtedly one of the most difficult challenges anyone can experience, both legally and emotionally. So many aspects of your life and your future are at stake. No matter what you are accused of, you have rights, and there are legal defenses available that may apply to your situation.
Take the first step by reaching out to an experienced lawyer who will fight to make sure your side of the story is heard. Call Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free consultation with a Birmingham rape defense attorney.