New York City Statutory Rape Defense Attorney
Accused of having relations with a minor in Yonkers, New Rochelle, or White Plains?
In the state of New York, one must reach the age of 17 before they can
legally consent to engaging in a sexual act of any kind. This means that
even if a minor willfully agrees to participate in having sexual intercourse
with an adult, the adult may still be faced with criminal charges. There
are several exceptions to this rule, however, as the age of both parties
is important when deciding on how the situation will be handled under the law.
For example, if you are over the age of 21 and you engage in sexual intercourse
with someone under the age of 17, you can be charged with statutory rape.
If, however, the child is younger than 15—but has at least reached
the age of 13—and the adult is not more than 4 years older, the
adult cannot be held criminally responsible. There are several other rules
that are applied to statutory cases, as well, so it is important to understand
your rights if you have been accused of this crime.
How the Penalties are Decided
In the state of New York, the crime of statutory rape is not something
that is taken lightly. There are different degrees of severity for this
act, depending on the individual details of the situation, but none of
them are something to be shrugged off or laughed at. It is considered
rape if you enter into sexual relations with anyone under the age of 17 if
you are over the age of 21; this is punishable by four years in prison.
The crime is considered second-degree rape if someone over the age of 18
has sexual intercourse with someone under the age of 15; this is punishable
by up to seven years in prison. You run the risk of being charged with
first-degree rape if you either have sexual intercourse with someone under
the age of 11, or if someone over 18 has sexual relations with someone
under 13. This can be punishable by between 5 to 25 years imprisonment.
Protecting Those Accused of Statutory Rape
At the Law Offices of Daniel A. Hochheiser, we have seen firsthand how
cases of these can turn grim if mishandled. If the case is not given the
aggressive defense necessary, it can turn even grimmer. For this reason,
it is absolutely vital that you do not hesitate to secure the legal assistance
of a skilled, experienced attorney.
Due to the heavy social stigma given to
sex crimes, it is imperative that you do not underestimate the prosecution that you
will be facing. With heavy penalties and an aggressive attempt to slap
you with the harshest penalties possible, you cannot afford to give it
anything less than your very best effort. If you choose to
work with a criminal defense attorney from our firm, you can breathe easier knowing that we will leave no stone unturned in
our efforts to defend your rights.