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Bronx Rape Lawyer
Accusations of rape are a very serious allegation. If convicted of rape, someone can face all sorts of potentially serious consequences. Even the hint of a rape accusation can be highly damaging. Anyone who has been on the receiving end of such an allegation should keep in mind that an accusation is not as simple or as straightforward as it may seem. Laws in many states distinguish between varied levels of rape. Like many other states, the laws that govern such accusations in New York have three different levels. Each form of rape has different legal penalties including varied levels of potential jail time. Each type of rape also has specific standards that the prosecutor must be able to meet in order to prove the case and get the person convicted of this kind of crime. It is important to understand this process if you or a loved one is facing such allegations in The Bronx.
Rape and New York State Penal Laws
New York state laws have a specific definition of rape in general. This is defined as when someone has sexual intercourse with a person who has consented or is unable to consent. Varied factors can go into the inability of the person to consent to the intercourse. This may be because the person is not of age to consent. It can also because the person is mentally incapacitated in some way.
A person may also not be able to agree to this form of activity because they lack the physical strength to make it clear they have not agreed to engage in sexual activity. A person may also have not wanted to agree to this behavior. At the same time, the person may tried to fight off the other person but found they were unable to do this because the other person used force them to get to them engage in this activity. All of these types of activities can be considered a form of rape under the laws of New York state. They are also offenses that the person can be charged with under law.
Varied Degrees
Rape charges under the law in New York are divided into three differ categories. The There’s third degree rape, second degree rape and first degree rape. Each charge carries different penalties. However, all rape convictions in any form are a felony and are prosecuted as such. Each form of rape can ultimately lead to a possible jail term. People who have such a conviction in the state of New York may be prevented for entering certain professions including teaching and providing day care services. They may also be refused access to their children as well as any children by a partner.
Third degree rape charges are defined as rape when someone has sex with someone who is under seventeen. This is the only reason they cannot consent. It will not apply if someone is unable to consent because they lack the mental capacity to do so. This is considered the least serious form of rape. Second degree rape is when someone who cannot consent because they are not capable of doing so mentally. They may be mentally retarded or otherwise have a mental condition that makes consent impossible such as a form of known mental illness or because they are older and suffering from a medical condition such dementia. The most serious form of rape is what is known under the laws of New York state as first degree rape. This form of rape is when someone has sex with someone under eleven or via the use of force or because of some form of physical infirmity.
Any form of a rape conviction can lead to the possibility of a short or long prison term. This is why it is imperative to make sure to have proper legal counsel. Proper legal counsel can offer the kind of assistance that anyone who is accused will need in order to make sure that all every piece of evidence is heart in the court of law and the court of public opinion. A Bronx rape lawyer can help with this process and provide the best possible legal defense.
Don’t deal with Bronx Rape Lawyer alone. Speak to the Spodek Law Group today.
In the Bronx, violent sex crimes, such as rape, have been on the rise for the past several years. A 2013 study found that seven out of the 12 Bronx police precincts saw a significant spike in violent rapes and misdemeanor sex crimes. This hike in instances comes even as the general crime rate has dropped.
What us Rape Under the Law?
Essentially, every state in the country shares a similar definition for rape. That is sexual intercourse forced upon another individual through either an implied threat or through an act of violence. The administering of drugs is considered a form of coercion for the purposes of rape in many jurisdictions.
In New York, including the bronx, rape is further classified into three categories, or degrees of severity. It should be noted that rape laws under the New York Penal Code define rape as requiring sexual intercourse, where other states might define rape as any forced sexual activity.
Third degree rape is the official charge for the section of the law that deals with statutory rape. It states that a rape occurs when one individual is under 17 years old and the other individual is over the age of 21. In this instance, the minor under 17 is not capable of giving consent. Similarly, a third degree rape has been committed, when an individual isn’t capable of giving consent for another reason. A third degree rape also accounts for sexual intercourse that takes place in which an individual has not given consent for a reason other than an inability to consent.
Second degree rape is similar in that it also deals with issues of statutory rape, except that it differentiates by age. For a second degree charge, the victim or minor must be below the age of 15, while the defendant is 18 or older. Furthermore, a charge of second degree rape can be instituted where the victim cannot give consent due to mental illness or mental deficiency. If the individual is in any way considered mentally incapacitated, the law presumes this person is incapable of giving consent, regardless of the person’s age.
Finally, there’s first degree rape, which is the most serious category under the general crime of rape. There are several elements that can constitute a charge of first degree rape. The use of “forcible compulsion” is a primary consideration in determining this charge. By “forcible compulsion,” the aggressor must compel sexual intercourse through the use of violence or through the threat of violence. This means the threat of physical violence and the use of force, as well as the threat of immediate death or through kidnapping.
Additionally, it’s considered first degree rape in any situation in which the victim is physically unable to resist sexual assault and, therefore, is incapable of consenting to sex. This includes victims who are younger than 11 years old or victims who are younger than 13 and the defendant is 18 years old or older.
Penalties For Rape in the bronx
Third degree rape, the lowest of the charges, is considered a class E felony. As such, punishment upon conviction can consist of up to four years in prison and/or a fine of up to $5,000.
Second degree rape is a class D felony and carries a considerably harsher set of punishments. Defendants convicted of this type of rape can expect a prison term of between one and seven years. Again, they may also be subjected to a fine of up to $5,000.
As a class B felony, first degree rape carries a very stiff set of penalties. Imprisonment upon conviction may be a term of five years up to 25 years. The $5,000 fine still applies to defendants in first degree rape convictions.
Any charge of rape is a serious offense in the bronx. If you are facing a rape charge, your best move is to contact a defense lawyer as soon as possible. As is the case with any criminal charge, only an experienced attorney can help you receive a fair judgment.