New York City Statutory Rape Defense Attorney

Accused of having relations with a minor in Westchester, Bronx, Manhattan, or Scarsdale?

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 third-degree 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.