Accusations of rape in Queens, NY can result in serious consequences to the alleged offender’s life, even if they are not subsequently convicted of the offense. In some cases, these types of allegations can arise from a mistake, a misunderstanding or false charges by the alleged victim. Therefore, it is critical to consult with an experienced New York criminal defense lawyer who will aggressively fight the allegations against you.
A conviction for rape can result in serious penalties and repercussions, including, but not limited to any of the following:
- A criminal record;
- Jail time;
- Public embarrassment;
- An inability to pursue certain professions, jobs or educational opportunities; and/or
- Requirements to register as a sex offender.
It is important to know that even if you have been charged with rape, you do not necessarily have to face a criminal conviction. The prosecution must prove you committed every element to the offense beyond a reasonable doubt. This can be a difficult burden to meet, and if the judge or jury has any doubt you committed even the smallest element to the offense, the charges against you may be reduced or even dismissed. In order to create the best legal defense and strategy to your particular situation, it is essential to contact an experienced criminal defense lawyer in Queens.
Queens Rape Defense Lawyer
Contact the Law Office of Rochelle S. Berliner if you have been charged with a rape offense in all areas of New York, including Queens, Brooklyn, Manhattan and the Bronx. Rochelle S. Berliner is knowledgeable in all areas of New York’s sex crimes laws, and will make every effort to help you achieve the most desirable outcome for your particular situation. Call the Law Office of Rochelle S. Berliner at 718-261-5600 for a consultation today about your rape charges.
Rape in the First Degree in Queens
According to New York Penal Laws § 130.35, an individual can be charged with rape in the first degree if they engage in sexual intercourse with another person, and:
- The intercourse was forced;
- The other person was incapable of consenting because they were physically helpless;
- The other person was under the age of 11 years old; or
- The other person was under the age 13 years old and the alleged offender is at least 18 years old.
This is the most serious degree of rape offense in New York and is generally punishable as a class B felony. Under New York law (New York Penal Law § 130.00), sexual intercourse is defined as any form of penetration. A victim who is mentally disabled is defined as any person who suffers from a mental disease or defect that renders them incapable of understanding the nature of their conduct. An individual who is mentally incapacitated is defined under New York law as anyone who is temporarily incapable of understanding or controlling their conduct due to the influence of a narcotic or intoxicating substance administered to them without their consent.
New York Rape in the Second Degree
As defined in New York Penal Law § 130.30, an individual can be charged with rape in the second degree if they:
- Engage in sexual intercourse with a person under the age of 15, and the alleged offender is at least 18 years old; or
- Engage in sexual intercourse with another person who is incapable of consenting to the act because they are mentally disabled or incapacitated.
This degree of rape is generally punishable as a class D felony. It is an affirmative defense to this degree of rape that the alleged offender was less than four years older than the alleged victim at the time of the offense.
Queens Rape in the Third Degree
An individual can be charged with rape in the third degree, according to New York Penal Laws § 130.25, if they:
- Engage in sexual intercourse with another person who is incapable of consenting to the act for any reason, besides being under the age of 17;
- Engage in sexual intercourse with another person under the age of 17 while the alleged offender is 21 years-old or older; or
- Engage in sexual intercourse with another person without their consent for any reason, besides not having the capacity to consent.
This degree of rape is generally punishable as a class E felony.
Rape Penalties in Queens
Articles 70 and 80 of the New York Penal Laws define the penalties an individual may face if they are convicted of a rape offense in Queens. Although the following are the basic statutory penalties for rape offenses throughout NY, they can be increased depending on any of the following factors:
- Whether the alleged offender has any previous criminal convictions;
- Whether the alleged offender is a juvenile offender;
- Whether the alleged offender is considered a violent felony offender; and/or
- Whether the alleged offender is considered a persistent felony offender.
An individual charged with rape in the first degree can be convicted of a class B felony, which is punishable by a maximum term of imprisonment of 25 years and/or a fine up to $5,000.
An individual charged with rape in the second degree can be convicted of a class D felony, which is punishable by a prison term up to seven years and/or a fine up to $5,000.
An individual charged with rape in the third degree can be convicted of a class E felony, which is punishable by a prison sentence not more than four years and/or a fine up to $5,000.
It is an affirmative defense to any rape crime that is based on the alleged victim’s incapacity to consent because they were mentally disabled, mentally incapacitated or physically helpless that the alleged offender did not know of the facts or conditions that caused the victim’s incapacity to consent.
Law Office of Rochelle S. Berliner | Rape Arrest in Queens, NY
Rape is among the most serious of sex crimes, and prosecutors in these cases will aggressively pursue harsh penalties on alleged offenders. If you have been accused of this criminal offense, it will be in your best interest to seek the assistance of Queens criminal defense attorney Rochelle S. Berliner.
Law Office of Rochelle S. Berliner defends all over New York City, including the boroughs of Brooklyn, Queens, Manhattan, Staten Island, and the Bronx. You can receive a complete evaluation of your case as soon as you call 718-261-5600 or submit an online form to schedule a free, confidential consultation.
Rochelle Berliner grew up in Queens, NY. She started New York Law School in January 1989 and graduated in June 1991. Immediately after law school, she started working at the New York County District Attorney’s Office, where she stayed for approximately 14 years...
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