Bronx Rape Lawyer

While it is certainly true that rape can be one of the most serious charges that people can face in New York, it is far from a one-dimensional accusation. In fact, New York Penal Law recognizes three separate levels of rape, each of which carries its own potential penalties and elements that the prosecutor must be able to prove at trial.

No matter what specific charge you may be facing, a Bronx rape lawyer may be able to help. Seasoned sex crime attorneys understand the immense stress and emotional pressure that someone often has when facing such accusations and could work with you to set realistic goals and steadfastly pursue them in court.

Defining Rape Under New York Penal Law

When it comes to rape, the New York Penal Law establishes multiple classes of the crime based on various factors. In general, someone commits rape when they have sexual intercourse with another person who cannot or does not consent. This inability to consent can be due to age, physical incapacity, a mental handicap, or a person’s ability to consent being affected by the defendant’s use of force. The specific combination of these means by which a person cannot consent determines the severity of the charge.  For more information about the degrees of charges and its penalties, contact a criminal defense lawyer.

Third Degree Charges

The least serious version of rape is rape in the third degree. According to New York Penal Law §130.25, rape in the third degree is the core section of the law that addresses rape and is defined as a person having sex with another person who cannot consent for any reason other than them being less than 17 years old. It also applies when any person over the age of 21 has sex with another who is under 17 years old. Convictions under this statute are Class E felonies.

Second Degree Charges

The next level of severity for this crime is rape in the second degree. Under New York Penal Law §130.30, prosecutors can charge a defendant accused of having sex with a person who cannot consent due to a mental disability or because of temporary mental incapacity with a Class D felony.

First Degree Charges

Finally, the most severe version of rape is rape in the first degree. According to New York Penal Law §130.35, these charges involve unwelcome sexual intercourse that is achieved through the use of force, any time a person has sex with another who is under the age of 11, or an individual is unable to consent due to a physical incapacity. The law classifies this crime as a Class B felony. Whether an individual is facing a first, second, or third-degree charge, it is important that they seek the services of a Bronx rape attorney.

How Citizens Could Refute Charges of Rape

Criminal rape allegations can be some of the most complex cases heard in New York’s criminal courts, often involving complex scientific evidence, expert witness testimony, and multiple legal statements by all involved parties. Despite this, there are certain arguments a defendant could bring forward that may help them achieve a positive result in their case.

One of the most straightforward defenses available to defendants in the Bronx is that the sex was consensual. However, this cannot remove all potential charges related to rape. Some versions of the crime, especially those based on the alleged victim’s age, are illegal regardless of the partner’s willingness. A Bronx rape lawyer could work with individuals to examine every aspect of their case and develop a defense that works best for them.

Seek Assistance from a Knowledgeable Bronx Rape Attorney

In many cases, the mere allegation of rape can forever change your life. Even if your alleged partner appears to consent to having sex, the law states that certain encounters are illegal regardless of the intent of either involved party.

The potential penalties for a rape conviction are harsh, and even if a defendant manages to avoid a lengthy prison sentence, they may be required to register as a sex offender. As such, the stakes are extremely high. A Bronx rape lawyer could help you fight back against allegations of any type of rape and stand up for your rights in court.