Why You Need an Attorney for Rape in the First Degree Charges in NY

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:

• 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:

• 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.

Should I Make a Statement to the Police?

Never make any statements to law enforcement without your lawyer present. Be polite but decline to answer questions. Anything you say can be used against you.

Let your attorney handle all communication and negotiation with police and prosecutors. They know how to get your side of the story across in the best light.

What If the Accuser Lied About Their Age?

Under NY law, an honest mistake regarding the accuser’s age is not a defense against statutory rape charges. You can still be convicted even if deceived.

However, your attorney can argue you had no intent to commit a crime and did try to ascertain the accuser’s age.

Should I Take a Plea Deal?

Possibly, but first thoroughly discuss options with your lawyer. They will provide an honest assessment of your chances at trial. If acquittal appears unlikely, a plea bargain may be the best option.

Over 90% of criminal cases end in pleas. But your lawyer negotiates for the lightest sentence possible.

How Do I Find the Best Rape Lawyer?

Look for a NY criminal defense attorney with extensive experience defending rape charges specifically. Ask potential hires:

• How many rape trials have you handled?
• What defenses have you used successfully?
• What are my options in this case?
• Can you help avoid sex offender registration?

Go with a lawyer you feel comfortable with and who instills confidence they can win.

Act Fast to Protect Your Rights

Don’t delay in retaining counsel after being accused of rape. Valuable evidence can disappear quickly. An attorney begins building your defense immediately by:

• Interviewing witnesses
• Collecting physical evidence
• Investigating the accuser’s background
• Consulting expert witnesses

Time is of the essence in these cases. An experienced lawyer hits the ground running to cast doubt before charges are even filed.

Why Strong Legal Representation Matters

Here are the benefits of hiring an aggressive NY rape attorney:

• Up to 30% of cases get dismissed pre-trial
• Over 75% result in plea deals with reduced charges
• Less than 3% end in guilty verdicts at trial

Don’t leave your future to chance. The right lawyer makes all the difference in avoiding life-changing penalties for rape in the first degree.