new york rape in the first degree lawyer
Facing an accusation of rape in the first degree in New York is terrifying. These Class B violent felony charges can destroy your reputation and lead to decades behind bars if convicted.
That’s why having an experienced criminal defense lawyer is absolutely critical. Read on to learn how the right attorney can analyze the evidence, expose weaknesses in the prosecution’s case, and build a strong defense to avoid harsh penalties.
Rape in the First Degree Charges in NY
Under New York Penal Law 130.35, a person is guilty of rape in the first degree if they engage in sexual intercourse with someone:
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(212) 300-5196- By forcible compulsion
- Who is incapable of consent due to being physically helpless (e.g. unconscious)
- Who is under age 11
- Who is under age 13 and the defendant is 18 or older
It is a Class B felony punishable by 5-25 years in prison. The stakes are extremely high if convicted.
How Can a Lawyer Defend Against Rape in the First Degree?
An experienced sex crimes attorney can raise reasonable doubt in these cases by:
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
You were at a party where you had a consensual encounter with someone you met that night, but weeks later you were arrested and charged with rape in the first degree under New York Penal Law § 130.35. The accuser claims they were too intoxicated to consent, and now you're facing a Class B violent felony with the possibility of up to 25 years in prison.
How can a defense attorney challenge a first-degree rape charge when the encounter felt consensual at the time?
Under New York Penal Law § 130.35, rape in the first degree requires proof of forcible compulsion, incapacity to consent, or that the victim was physically helpless — and the prosecution must establish this beyond a reasonable doubt. A skilled defense attorney will scrutinize the evidence for inconsistencies in the accuser's account, examine toxicology reports and witness testimony about the level of intoxication, and challenge whether the legal threshold for incapacity was actually met. We can also retain expert witnesses to testify about memory, alcohol effects, and the reliability of delayed disclosures. Given that a conviction carries a mandatory minimum of 5 years and up to 25 years in state prison with lifetime sex offender registration, building an aggressive defense from day one is essential to protecting your future.
This is general information only. Contact us for advice specific to your situation.
- Questioning the credibility of the accuser
- Challenging the validity of forensic evidence
- Proving the encounter was consensual
- Arguing mistaken identity
- Exposing motives to fabricate accusations
They will conduct a meticulous investigation to uncover every weakness in the prosecution’s case.
