Fighting Rape Charges in New York City
Accused of rape? Call (800) 813-9069 Today!
Of all the
sex crimes that you could be charged with, rape is arguably the most serious. For
this reason, it may be in your best interest to secure the help of an
aggressive New York City sex crime lawyer as soon as any such allegations
have been made. Even if formal charges have not yet been brought against
you, handling the situation early on is crucial to the success of your defense.
Most rape cases are based on little to no evidence, meaning that it may
be hard for the prosecution to build an effective case against you, but
a single accusation could ruin your reputation forever. That being said,
it is never too early to secure the experienced assistance of a New York
City criminal defense attorney from the Law Offices of Daniel A. Hochheiser.
How serious is your case?
You could be charged with rape in the first, second or third degree. This
severity of your charges will ultimately depend on the nature of the crime,
which includes certain factors like the age of the victim. More specifically,
New York Penal Code Article 130 differentiates between rape in the first,
second and third degree as follows:
Rape in the Third Degree (Class E Felony)
- According to New York Penal Code § 130.25, one would be guilty of
rape in the third if they have a) engaged in sexual intercourse with another
person who is incapable of consent for a reason other than being less
than 17 years old, b) engaged in sexual intercourse with a person who
is less than 17 years old, while being 21 or older, or c) engaged in sexual
intercourse with a person who was unable to consent by a reason other
than incapacity to consent.
Rape in the Second Degree (Class D Felony)
- According to New York Penal Code § 130.30, one would be guilty of
rape in the second degree if they have a) engaged in sexual intercourse
with a person who is less than 15 years old, while being 18 or older,
or b) engaged in sexual intercourse with a person who is incapable of
providing consent for reason of mental disability or mental incapacitation;
however, it would be affirmative defense that the defendant was less than
4 years older than the victim.
Rape in the First Degree (Class B Felony)
- According to New York Penal Code § 130.35, one would be guilty of
rape in the first degree if they have engaged in sexual intercourse with
another person a) by forcible compulsion, b) who is incapable of consent
by reason of physical helplessness, c) who is less than 11 years old or
d) who is less than 13 years old, while being 18 or older. This is the
most serious form of rape that you could be charged with in the state
of New York.
The Penalties for 1st, 2nd & 3rd Degree Rape
As mentioned earlier, rape is arguably the most serious form of sexual
assault that you could be charged with in the state of New York. This
means that you can expect to face stiff legal penalties upon your conviction.
Rape in the third degree, a Class E felony, is punishable by 1.5 years
to 4 years in prison.
Rape in the second degree, a Class D felony, is punishable by 3 to 7 years
in prison, and rape in the first degree, a Class B felony, is punishable
by 5 to 25 years in prison. If you hope to avoid time behind bars, it
is highly recommended that you retain the help of a sex crime lawyer from
the Law Offices of Daniel A. Hochheiser as soon as possible; we can contribute
more than 60 years of experience to your case.
Available 24/7 to Discuss Your Case
If you are facing accusations of rape, you will need an aggressive attorney
by your side. Not only could you be sentenced to several years in prison,
but you may even be asked to register as a sex offender for the rest of
your life. For this reason, there is no better time to take action than
now. When you contact the criminal attorneys at the Law Offices of Daniel
A. Hochheiser, your initial consultation is free. We are available 24
hours a day, 7 days a week to discuss your case, so
do not hesitate to call today. We aggressively fight sex crime charges througout the state of New York.
If you were arrested in New Rochelle, White Plains, or Yonkers, we can help.