What Is Rape?

2020-07-22T17:01:16+00:00

An allegation or accusation of Rape is one of the most difficult things a person can experience.  It is for this reason that you must hire an experienced criminal defense attorney who has defended Rape cases.  It takes a unique skill set to understand these [...]

What Is Rape?2020-07-22T17:01:16+00:00

What is Rape in the Third Degree in Violation of N.Y. Penal § 130.25?

2020-07-17T15:03:07+00:00

Rape in the Third Degree is commonly referred to as statutory rape.  A person is charged with Rape in the Third Degree when: Sexual intercourse occurs with you and another individual and the person cannot consent for some reason other than being less than 17. [...]

What is Rape in the Third Degree in Violation of N.Y. Penal § 130.25?2020-07-17T15:03:07+00:00

What are the penalties for a Rape in the Third-Degree conviction?

2020-07-17T15:02:33+00:00

Rape in the Third Degree is a class E Felony.  If you are convicted for Rape in the Third Degree, you face the following sentence: Up to 4 years in State Prison. Probation for up to 10 years. Fines up to $5000. Mandatory surcharges of [...]

What are the penalties for a Rape in the Third-Degree conviction?2020-07-17T15:02:33+00:00

What is Rape in the Second Degree in Violation of N.Y. Penal Law § 130.30?

2020-07-17T15:01:57+00:00

A person is charged with Rape in the Second Degree when: An 18-year-old person or older has sexual intercourse with someone less than 15 years old. Sexual intercourse occurs and the other person cannot consent because they are mentally disabled or incapacitated.

What is Rape in the Second Degree in Violation of N.Y. Penal Law § 130.30?2020-07-17T15:01:57+00:00

What are the penalties for Rape in the Second Degree?

2020-07-17T15:01:25+00:00

Rape in the Second Degree is a class D violent felony.  If you are convicted of Rape in the Second Degree, you face the following penalties: Up to 7 years in State Prison. Probation for up to 10 years. Fines up to $5000. Mandatory surcharges [...]

What are the penalties for Rape in the Second Degree?2020-07-17T15:01:25+00:00

If I am 18 years old and have sex with a 15-year-old, can I be convicted of Rape in the Second degree?

2020-07-17T14:58:16+00:00

If you are 18-years-old and have consensual sex with a 15-year-old, you cannot be convicted of Rape in the Second Degree.  There is an affirmative defense for consensual sexual intercourse between people that are within 4 years of age from one another.  However, you can [...]

If I am 18 years old and have sex with a 15-year-old, can I be convicted of Rape in the Second degree?2020-07-17T14:58:16+00:00

What is Rape in the First Degree in violation of N.Y. Penal § 130.35?

2020-07-17T14:57:45+00:00

A person will be charged with Rape in the First Degree when sexual intercourse occurs with another person: by forcible compulsion. who cannot give consent because they are physically helpless. who is less than 11 years old. who is less than 13 years old and [...]

What is Rape in the First Degree in violation of N.Y. Penal § 130.35?2020-07-17T14:57:45+00:00

What are the penalties for Rape in the First Degree?

2020-07-17T14:56:02+00:00

Rape in the First Degree is a Class B violent felony.  If you are convicted of Rape in the First Degree, you face the following penalties: Up to 25 years in State Prison. Fines up to $5000. Mandatory surcharges of $1425. Provide a DNA Sample. [...]

What are the penalties for Rape in the First Degree?2020-07-17T14:56:02+00:00

If I am convicted of Rape, will I automatically go to jail?

2020-07-17T14:55:20+00:00

No. The answer depends on what level of rape offense you are convicted of.  A jail sentence is not mandatory for a conviction for Rape in the Second Degree or Rape in the Third Degree.  However, it is still possible that a conviction for rape [...]

If I am convicted of Rape, will I automatically go to jail?2020-07-17T14:55:20+00:00

If I am charged with Rape, is it possible to plea to a reduced charge?

2020-07-17T14:54:21+00:00

Yes.  If you are entertaining plea negotiations, your criminal defense lawyer will attempt to reduce your potential sentencing exposure.  This is often done by pleading to a lower level crime or a lesser included offense.  In addition, it is possible for someone to plead guilty [...]

If I am charged with Rape, is it possible to plea to a reduced charge?2020-07-17T14:54:21+00:00
Go to Top