Long Island Rape Defense Lawyer
Aggressive & Experienced Criminal Defense Attorney in Long Island, NY
Have you been arrested for date rape or any other form of rape in the state of New York? Under the New York Penal Code Article 130, rape is considered to be any type of nonconsensual intercourse where sexual penetration is involved without the victim's consent. According to the law, the crime of rape does not require any physically resistance from the victim in order for the defendant to be found guilty of the crime. If you are facing rape charges or any sex crime charge for that matter, then you must understand the gravity of your situation.
Crimes of this nature are not taken lightly and the New York criminal courts are harsh and unforgiving towards alleged sexual offenders. Sexual assault and rape allegations are embarrassing to face and they can destroy your:
If you have been charged with rape, seek the legal counsel of a Long Island criminal defense lawyer from the firm today to contest the serious accusations against you.
What are the penalties for rape in New York State?
In the state of New York, the crime of rape can be separated into three varying degrees, all of which are considered to be felony crimes. The penalty for your crime can vary depending on the severity of the crime. When it comes to sentencing, rape is broken up into these three categories:
- Rape in the third degree (section 130.25): A person is guilty of this crime if they engage in sexual intercourse with another individual who is unable to give their consent. An example of this would be if the other person is unconscious or if a 21 year old engages in sexual activities with someone who is younger than seventeen years old. Rape in the third degree is considered to be a class E felony and is punishable for up to 4 years in prison.
- Rape in the second degree (130.30): A person is guilty of rape of this crime if an eighteen year old engages in sexual interactions with an individual fifteen years old or younger or with someone who is mentally disabled or unconscious. For this particular crime, the defendant must be less than four year older than the alleged rape victim. Rape in the second degree is considered to be a class D felony and can carry a 4-7 year prison sentence.
- Rape in the first degree (section 130.40): A person is considered guilty of this crime when they engage in forcible compulsion (threat or use of physical force), the victim is physically helpless or the victim is less than eleven years old. Rape in the first degree is classified as a class B felony. If you have been accused of first degree rape you could be facing a sentence of 9-25 years in prison.
It is important to remember that the younger the alleged victim is, the stiffer the penalties can become.
Protect Your Rights by Calling Today
When your reputation is on the line and there have been rape accusations made against you, you must take swift legal action to contain the legal repercussions. Now is the time to make informed decisions that could affect the rest of your life and the first choice you need to make involves your legal counsel.
Prime & O'Brien, LLP is a premier criminal defense law firm that offers aggressive legal representation to clients in Long Island and Nassau County. With nearly two decades of experience, the firm has successfully defended against some of the most austere criminal offenses. For the relentless defense you need against your charges,
contact a Long Island criminal defense attorney from Prime & O'Brien, LLP.