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Brooklyn Rape Defense Lawyers
Rape Laws in Brooklyn, New York
In New York, rape is defined as non-consensual sexual intercourse with a victim by use of duress, such as drugs or threats, or physical force. There are three degrees of rape charges in New York as stated in Section 130 of the New York Penal Code.
Rape in the Third Degree
An individual will be convicted of rape in the third degree when he or she has sexual intercourse with an individual who is not capable of consent. When the accused is 21 years of age or older, and the victim is under the age of 17, the accused will be charged with rape in the third degree.
Rape in the Second Degree
When the accused is over the age of 18 and engaged in sexual intercourse with an individual under the age of 15, he or she will be charged with rape in the second degree. An individual may also be charged with rape in the second degree when he or she engaged in sexual intercourse with an individual who is not capable of consent because they are mentally incapacitated or mentally disabled.
Rape in the First Degree
An individual will be charged with rape in the first degree when he or she engaged in sexual intercourse with an individual by physical force, threat of death or physical injury, or kidnapping. When an individual engaged in sexual intercourse with an individual who is incapable of consent by being physical helpless or is less than 11 years old, he or she will be charged with rape in the first degree. If the accused is older than the age of 18 and engaged in sexual intercourse with an individual under the age of 13, he or she will be charged with rape in the first degree.
What are the Penalties if Convicted of a Rape Charge in Brooklyn?
The penalties for a rape conviction in New York are severe. If convicted of third degree rape, the defendant will face a Class E felony. The penalties for a Class E felony conviction are up to four years in prison and a fine up to $5,000.
A rape in the second degree conviction is a Class D felony. If convicted of a Class D felony, there is a maximum sentence of seven years in prison and a $5,000 fine.
When an individual is charged with rape in the first degree, he or she will face a Class B felony. The penalties for a Class B felony mandates a sentence of five to 25 years in prison and a $5,000 fine.
Furthermore, those who are convicted of rape in Brooklyn will be required to register as a sex offender. This could hinder an individual’s ability to find employment, and those convicted of a rape charge may not be able to purchase or rent residential property within a certain distance of schools.
Possible Defenses to a Rape Charge
It is the responsibility of the prosecuting attorney to prove beyond a reasonable doubt that an individual has committed rape for a conviction. Although it will depend of the circumstances that surround each defendant’s case, there are several defenses that could be used to fight a rape charge. The accused may not have been aware that the victim had a mental disability that made him or her incapable of consent. There are also instances when mistaken identity can be used as a defense against a rape charge.
How a criminal Defense Attorney can Help
If you have been arrested for rape in Brooklyn, it is important that you remain silent until you have legal representation. Law enforcement officials can use what you say against you during trial. A criminal defense attorney can advise you of your legal rights as a defendant.
If you or someone that you know is facing a rape charge, contact our law office for a consultation. We have more than 100 years of combined experience and are prepared to help protect your rights.
Don’t deal with Brooklyn Rape Defense Lawyers alone. Speak to the Spodek Law Group today.
Brooklyn Rape Defense Lawyers
Rape is not the kind of accusation you can afford to play down or hope will go away. If you have been arrested and charged with this crime, you must respond with the utmost vigor and dispatch. Every moment that goes by with that accusation hanging over your head decreases your chances of recovering from it. And recovering from it is what you will need to do.
Being charged with rape puts you instantly in a negative spotlight. Before there any of the facts come out, before you can tell your side of the story, before you have even been arraigned, you will be seen as guilty of the crime. Even the people who know that you could never do such a thing will doubt you. That is why your first call must be to a lawyer who specializes in defending people who have been charged with rape.
It is right that a great deal of public attention has focused on defining and clarifying the nature of rape, and that the justice system has been more attuned to the needs of people who have endured this terribly brutal crime. But you know what you did and what you did not do and you should not allow yourself to be painted as a rapist and be subjected to the indignities of a mob mentality because someone has falsely accused you of the crime.
You may have put yourself in an unfortunate situation, you may have done things that appear from the outside to compromise you, but you know full well that you did not penetrate in the slightest way the mouth, anus, or vagina of another person without their consent. This is the legal definition of rape, and your conduct in no way matches it.
At the moment, it is your word against hers. In some cases, when there is pending divorce – your spouse might wrongfully accuse you in order to apply pressure on you in addition to the divorce lawyer whose coming after you. And in such matters the public will nearly always believe hers. You must act fast to defend your person and your reputation if you are to get free and clear of these charges.
A rape case is one of the most unpleasant kinds of cases that anyone can go through. As the one accused, you will have to do authorize your attorney to do things that you would rather not see done to the person who has accused you of rape. The only way to beat the charge, through either an acquittal or a withdrawal of her statement, is to discredit your accuser. A rape lawyer will examine and assess all the evidence against you, will investigate your accuser, and will gather as much forensic, expert, and eyewitness testimony that they can to disprove her case. Much of what will need to be brought out will be unpleasant, but that is the only way for you to win.
The legal battle aside you must also make it clear in the minds of your friends, colleagues, and family that you did not do it—that you did not rape anyone and are not capable of such a thing. The case must be handled in a way that liquidates all lingering doubt as to whether you actually forced yourself on someone.
A rape conviction will completely ruin your life. Not only will you be sent to prison for some time you will find it hard to find employment when you are released. Your personal relationships are likely to suffer, and wherever you end up living the people in the area will be warned that a sexual predator is in their midst. You must do all that it necessary to disprove the charge against you. Working with a rape lawyer that has a proven record of getting favorable results for their clients is the best place to start.