How much jail time can 10 counts of statutory rape in 2nd degree and 1 count of statutory sodomy in 2nd degree get? 15 Answers as of February 27, 2013

A family member of mine was charged with 10 counts of 2nd degree statutory rape and 1 count of 2nd degree statutory sodomy. He has no criminal records. The young lady was 13 years old, and he is 20 years old. Her parents reported it, but they would prefer the judge to be light on him. What is a likely sentence for him?

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William L. Welch, III Attorney | William L. Welch, III
Each count of those offenses carries 20 or 30 years. Ultimately, sentencing depends on the seriousness of the offense, the defendants prior record, mitigation, allocution, and the judge.
Answer Applies to: Maryland
Replied: 2/27/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
He could get a long prison term, but he could get a year and probation. He will be a registered sex offender. His parents should have told him not to have sex with children and what the consequences would be if they did not it is partly their fault, but at his age he certainly should have known it was statutory rape to have sex with a 13 year old.
Answer Applies to: New York
Replied: 2/24/2013
Hamblin Law Office | Sally Hamblin
If convicted of those exact charges, prison is likely.
Answer Applies to: Michigan
Replied: 2/24/2013
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information to answer. Sentencing is up to the judge. He should hire an attorney and disclose all the facts and circumstances to see if he should plea bargain to try to get the best sentence or whether he should go to trial.
Answer Applies to: New York
Replied: 2/21/2013
Henry Lebensbaum | Henry Lebensbaum
There is no set time.
Answer Applies to: Massachusetts
Replied: 2/21/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    I do not know about where you are but in Michigan this could carry a lot of time, If the girl was under 13 when it started then at least 25 years.
    Answer Applies to: Michigan
    Replied: 2/21/2013
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    Quite frankly, he is facing 25 years to life for sodomy with 13 year old girl alone. I hope he has a great lawyer. He is going to need one. I would need to know more to tell you what the likely sentence would be, but based on the very limited facts you have provided, I would say he is looking at 25 years in prison followed by lifetime on the sex offender registry. That is way too harsh.
    Answer Applies to: Georgia
    Replied: 2/21/2013
    Law Offices of Jonathan Mincis | Jonathan J. Mincis, Esq.,
    In New Jersey a 2nd degree offense exposes someone to 5 to 10 Years in jail, Your saying the guy has 10 counts, he is obviously looking at time. It doesn't matter What the parents want, if he has sex with a,13 Year old then he is guilty. It all depends What the Prosecutor offers by way of a plea bargain and if the Judge approves ante plea deal.
    Answer Applies to: New Jersey
    Replied: 2/21/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Even if the judge goes "light" on him he's still going to prison. Unless the case is pleaded down greatly and I mean greatly. His sentencing guidelines would be through the roof if he were convicted of everything he's charged with. He needs an experienced CSC attorney representing him.
    Answer Applies to: Michigan
    Replied: 2/21/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It is impossible to predict with knowledge of the circumstances. He needs an attorney, now.
    Answer Applies to: Michigan
    Replied: 2/21/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The question depends on his history and the nature of the case. He is likely looking at a number of years.
    Answer Applies to: Nebraska
    Replied: 2/21/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    P.C. 261.5 STATUTORY RAPE 261.5. (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor. For the purposes of this section, a "minor" is a person under the age of 18 years and an "adult" is a person who is at least 18 years of age. (c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170. Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years. The max. would be three years for each count. Eleven counts of three years is thirty three years in state prison. If convicted of all counts the min. would be 16 months for each count. Eleven counts at 16 months each is 14 years 8 months.
    Answer Applies to: California
    Replied: 2/21/2013
    Kevin H Pate
    Kevin H Pate | Kevin H Pate
    From none to a significant amount of time. It depends on whether any or all of the time he is sentenced to is suspended, and whether the sentences are set to run concurrently or consecutively. If your relative does not have counsel already, he certainly needs to either retain counsel or seek court appointed counsel.
    Answer Applies to: Oklahoma
    Replied: 2/21/2013
    Law Offices of James Elliot McIntosh
    Law Offices of James Elliot McIntosh | James Elliot McIntosh
    Life with the possibility of parole.
    Answer Applies to: California
    Replied: 2/20/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    That's tough to say without knowing the specific charges and enhancements that might be alleged. Enhancements are allegations that make a crime worse than typical. Forcible rape of a child under 14 can get you up to 13 years in prison. Continuous sexual abuse of a child can get you 16 years in prison. Sodomy of a minor under 16 years old is punishable by 16 months - 14 years, depending on the circumstances. Like I said, there is a huge range of possible penalties, so its impossible to guess what will happen without knowing a lot more about the case.
    Answer Applies to: California
    Replied: 2/20/2013
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