NYC Rape Defense Attorney
Defense Against Rape Allegations In New York City
Rape is one of the most severe sex crimes a person can commit. It occurs when someone participates in sexual intercourse without the approval of their partner. These cases tend to bring about a lot of public glare and anyone accused of rape will likely be subjected to a negative reputation from their community. If you’re facing rape charges in New York, it’s essential that you get in touch with an NYC rape defense attorney as soon as possible so they can help avoid any blunders leading up to a public frenzy and work on formulating a robust defense for your case.
Accused of rape in Queens, Brooklyn, the Bronx, Staten Island, or Manhattan? Let Sosinsky Law protect your rights. Our criminal defense firm has successfully defended many high-profile clients against false charges and will provide a vigorous defense based on the facts of your case. Get honest answers to all your questions during a confidential consultation with an experienced New York City rape attorney.
Understanding Rape Charges in New York
New York law stipulates rape (also referred to as sexual assault, sexual battery, or criminal penetration) by degrees. There are commonly three degrees of rape under New York’s penal code:
Rape in the First Degree Charges In New York
According to New York Penal Laws § 130.35, a person can be charged with rape in the first degree if they engage in sexual intercourse with another person, and:
- The intercourse was forced;
- The other person was incapable of consenting because they were physically helpless;
- The other person was under the age of 11 years old; or
- The other person was under the age of 13 years old and the alleged offender is at least 18 years old.
This is the most serious degree of rape offense in New York and is generally punishable as a class B felony. Under New York law (New York Penal Law § 130.00), sexual intercourse is defined as any form of penetration. A victim who is mentally disabled, according to New York law, is anyone suffering from a mental disease or defect that prevents them from understanding the nature of their conduct. An individual who is mentally incapacitated under New York law is temporarily unable to understand or control their conduct due to the influence of a narcotic or intoxicating substance administered without consent.
Rape in the Second Degree Charges In New York
As defined in New York Penal Law § 130.30, an individual can be charged with rape in the second degree if they:
- Engage in sexual intercourse with a person under the age of 15, and the alleged offender is at least 18 years old; or
- Engage in sexual intercourse with another person who is incapable of consenting to the act because they are mentally disabled or incapacitated.
This degree of rape is classified as a class D felony. An affirmative defense to this criminal accusation exists if the offender was less than four years older than the victim when the alleged rape occurred.
Rape in the Third Degree Charges In New York
An individual can be charged with rape in the third degree, according to New York Penal Laws § 130.25, if they:
- Engage in sexual intercourse with another person who is incapable of consenting to the act for any reason, besides being under the age of 17;
- Engage in sexual intercourse with another person under the age of 17 while the alleged offender is 21 years old or older; or
- Engage in sexual intercourse with another person without their consent for any reason, besides not having the capacity to consent.
Penalties For Rape Charges In New York
Depending on the severity of the rape offense, an individual may face penalization under either Article 70 or 80 of the New York Penal Laws. However, these are just baseline statutory penalties that could be increased if any of the following factors are met:
- Whether the alleged offender has any previous criminal convictions;
- Whether the alleged offender is a juvenile offender;
- Whether the alleged offender is considered a violent felony offender; and/or
- Whether the alleged offender is considered a persistent felony offender.
An individual charged with rape in the first degree can be convicted of a class B felony. The maximum sentence for this crime is 25 years imprisonment and/or a $5,000 fine. An individual charged with rape in the second degree can be convicted of a class D felony, which has a maximum punishment of seven years imprisonment and/or a $5,000 fine. Finally, an individual charged with rape in the third degree will likely face conviction of a class E felony. The potential sentence for this crime includes up to four years imprisonment and/or a fine of no more than $5,000.
Potential Defenses Against Rape Charges In New York
Many people think that rape charges always come down to whether or not sexual contact was consensual. But sometimes, even if a person doesn’t say no, it’s still not clear what happened. In these situations, it’s important to have a New York City rape defense attorney who can investigate the relationship between the parties.
They can study what every individual said during the attack, how they conducted themselves, and any other conditions that might support filing rape charges. This is vital pre-trial research and may have a considerable influence on whether rape charges could be later dropped or lessened through a plea discount. In turn, anyone who was charged with rape should consult to an expert New York City rape attorney as soon as possible.
Contact Our NYC Rape Defense Attorney Today
Our criminal defense team has the experience, knowledge, and resources to help you if you’ve been accused or charged with a sex crime. Sosinsky Law has successfully defended many people against sex crime charges in New York City. With the help of our NYC rape defense attorney’s legal background and in-depth understanding of forensics and DNA evidence, we will work tirelessly to get the best possible outcome for your case. If you or a loved one has been charged, arrested, questioned, or accused of sexual assault in New York, please call us to set up a fast, friendly and free consultation and we can begin guiding you through this difficult time.