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Queens Rape Lawyers

March 21, 2024 Uncategorized

Being accused of rape is a serious matter. Indeed, the accusation in itself has the power to cast your life into complete ruin. You must act quickly and decisively if you have been arrested and charged with rape. You must make no statement, take no action, or give any indication of your position until you have spoken to a lawyer. Even a person charged with rape has the right to counsel. The pressure on you from all sides will be overwhelming; you will be left in a daze, a haze of confusion and uncertainty; you will not know exactly what to do after the charge becomes public. These are all perfectly natural feelings, and you should wait until you have spoken with your attorney before acting on them.

Penetration of the vagina, anus, or mouth of another person, no matter how slight or for how long, with a sex organ without consent constitutes the legal definition of rape. It is an act that is viewed with such repugnance and horror by society at large that the people, the men especially, who are charged with it can be stigmatized for life.

You will suffer greatly if you are convicted of rape. Not only will you go to prison for a very long time, you will lose your job and your career; your family life will at the very least be put under great strain, and you will be forced to go through the rest of your life with a rape conviction as part of your record, which will ruin any chance of returning to your profession after you have served your time and will make it tough for you to get a job at all. You will be placed in a data base of sexual predators, and no matter where you live after your release the people around you will know what you did.

The person who has accused you of rape can also sue you for damages. A criminal conviction will give her most of what she needs to prove her case, so you will be compelled to pay money for the crime.

Such ruin, such devastation, such an utter and complete destruction of your life need not take place. You must fight the charge from the very beginning. You must not only beat the charge to keep yourself out of jail; you must also do so to salvage your reputation. When you go back to your family, your friends, your work colleagues and community, there must not be the slightest doubt that you are innocent of the rape charge.

Hiring a lawyer will help you get this vindication. The fight to preserve your freedom and reputation will not be easy or clean. In fact, it can become grueling. If your accuser does not retract her statement, then the matter will go ahead and you will need to work with your lawyer to discredit her evidence, statements, and testimony.

Perhaps you know your accuser well, perhaps you were alone with her, perhaps the two of you even had sex, but that does not mean you raped her. The boundaries between consent and rape are not always clear in the heat of the moment.

It was certainly not your intention to do anything near what you have been accused of, and there is nothing that happened afterward that makes you think you did anything wrong. The fact that you are being pursued with this criminal accusation is just plain wrong, and you have no choice but to do whatever it takes to clear your name, even if it means an aggressive and relentless challenge to her. Working with a lawyer can help guide you through this difficult time. They will help you win the case, stay out of prison, and preserve your good name.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Queens, New York, Rape Laws
In New York, the degree of a rape charge will vary based on the circumstances surrounding the case. Rape is defined as non-consensual sexual intercourse that is carried out against an individual though threats, involuntary intoxication, or physical force.

There are three degrees of rape in New York. According to New York Penal Code Section 130.25, an individual can be convicted of rape in the third degree if he or she engaged in sexual intercourse with an individual who is not capable of consent other than being under the age of 17. If the accused is over the age of 21, and the victim is under the age of 17, the accused could be charged with rape in the third degree.

If the accused is older than 18 and engaged in sexual intercourse with an individual under the age of 15, the accused could be charged with rape in the second degree. An individual who engaged in sexual intercourse with an individual who is mentally incapacitated or mentally disabled could also be charged with second-degree rape.

An individual is guilty of rape in the first degree when he or she engaged in sexual intercourse with the victim through the use of physical force, physical injury, or kidnapping. If the accused engaged in sexual intercourse with an individual who is incapable of consent because he or she is physically helpless, the accused could face a first-degree rape charge. When the victim was less than 11 years old, the accused will be charged with rape in the first degree. If the defendant is older than 18 and the victim is younger than 13 years of age, the defendant will face a first-degree rape charge.

What are the Penalties if Convicted of Rape?
In Queens, all forms of rape are classified as felonies and carry serious penalties. If an individual is convicted of rape in the third degree, he or she will face a Class E felony, which could result in a prison sentence up to four years. Furthermore, the convicted could also have to pay a fine of up to $5,000.

When an individual is convicted of rape in the second degree, he or she will be charged with a Class D felony. The penalty for a Class D felony is a maximum prison sentence of seven years, and the convicted could face a fine up to $5,000.

Rape in the first degree is a Class B felony. Individuals who are convicted of a Class B felony will be required to serve between five and 25 years in prison and have to pay a fine of $5,000.

In addition, those who are convicted of rape in New York will also be required to register as a sex offender even if they move to another city or state. Individuals who are convicted of rape may also have problems finding employment, and they may not be allowed to rent or purchase residential property near schools.

Defenses to a Rape Charge
While the defense strategy will depend on the facts that surround each case, there are a number of defenses that can be used to fight a rape charge in Queens. A primary element to a rape charge is lack of consent, so it could be argued that the sexual intercourse was consensual. A criminal defense attorney can argue that the accused did not use physical force and the other individual wasn’t helpless. Another defense to a rape charge could be mistaken identity. It is the prosecutions burden to provide evidence that proves beyond a reasonable doubt that the accused is guilty of rape.

Why You Need a criminal Defense Attorney
When an individual has been charged with rape in Queens, it is vital that he or she seeks legal guidance as soon as possible. If you have been arrested for rape, it is important to remain silent until you have a criminal defense attorney by your side because what you say can be used against you during trial.

If you or someone you know is facing a rape charge in Queens, contact our law office for a consultation. Our legal experts have more than 100 years of combined experience.

Don’t deal with Queens Rape Lawyers alone. Speak to the Spodek Law Group today.

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

Of-Counsel

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