Rape

Bronx Rape Defense Attorney

Defending Against Rape Charges in New York

If you or a loved one is facing allegations of rape in New York, you need the experience of a skilled Bronx rape lawyer. At The Law Offices of Elliot S. Kay, we protect your rights and defend you against these serious charges. We understand the gravity of rape accusations and are committed to helping you navigate the legal process while vigorously defending your innocence.

Call The Law Offices of Elliot S. Kay today at (646) 759-9233 or contact the firm online to schedule a consultation with our rape defense lawyer in the Bronx.

What is Rape?

Rape is a grave criminal offense that involves non-consensual sexual intercourse or penetration. Rape is defined under the New York Penal Law Article 130. Under this law, there are several different degrees of rape, each carrying its own potential penalties. Rape charges can be classified into the following categories:

  • First-Degree Rape: This is the most serious form of rape and involves various factors such as using physical force, weapons, or serious injury to the victim. First-degree rape is considered a Class B felony in New York, and if convicted, it can result in a lengthy prison sentence.
  • Second-Degree Rape: This charge typically applies when the victim is unable of giving consent because of factors such as age, mental incapacity, or the administration of drugs or alcohol. Second-degree rape is a Class D felony, carrying significant penalties upon conviction.
  • Third-Degree Rape: This charge often arises when the victim cannot give consent due to being under the age of consent (17 years old in New York). Third-degree rape is considered a Class E felony; a conviction can lead to imprisonment and a criminal record.
  • Statutory Rape: Statutory rape involves sexual intercourse with a minor, even if they appear to have consented. This is a serious offense, and it's crucial to have a Bronx rape defense attorney who can help you understand the nuances of statutory rape laws in New York.

What are the Penalties for Rape in New York?

The penalties for a rape conviction in New York can be severe and life-altering. Depending on the degree of the charge, individuals convicted of rape may face:

  • Lengthy prison sentences range from several years to life in prison.
  • Mandatory registration as a sex offender can have a substantial impact on personal and professional life.
  • The stigma of being marked a sex offender can affect relationships and future employment prospects.
  • Substantial fines and restitution to the victim.
  • Restraining orders and orders of protection can limit your freedom and contact with the victim.
  • The loss of certain civil rights, such as possessing firearms.

Defenses Against Rape Charges

Being accused of rape does not automatically make you guilty. Several defenses can be employed to challenge these charges, including:

  • Consent: If both parties involved willingly and freely consented to the sexual activity, it may act as a valid defense against rape charges.
  • Lack of Evidence: Insufficient evidence can doubt the prosecution's case. Your attorney can challenge the credibility of witnesses and the accuracy of the evidence presented.
  • Mistaken Identity: Individuals are sometimes wrongly accused due to mistaken identity. An alibi or evidence proving you were not at the scene of the apparent crime can be a strong defense.
  • False Accusations: Unfortunately, false accusations of rape are not uncommon. Your attorney can work to uncover any motives or evidence that may suggest the allegations are untrue.
  • Age of Consent: If the alleged victim was of the legal age of consent in New York, this can be a valid defense against statutory rape charges.
  • Police Misconduct: If law enforcement violated your rights during the investigation or arrest, it may be possible to have evidence suppressed or the case dismissed.

Contact Our Bronx Rape Defense Lawyer Today

If you are facing rape charges in the Bronx, acting quickly and seeking legal representation from a qualified and dedicated attorney is essential. The consequences of a rape conviction are very severe and life-changing. At The Law Offices of Elliot S. Kay, we are committed to providing you with the best possible defense. We will listen to your side of the story, explain your legal options, and work tirelessly to build a strong defense on your behalf. Your future is at stake, and we are here to fight for your rights and protect your freedom. Don't delay; call our Bronx rape defense attorney today for the experienced legal help you need.

Contact The Law Offices of Elliot S. Kay today to get started on your defense with our Bronx rape defense attorney.

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Case Results

  • Found Not Guilty Attempted Murder in the Second Degree
  • Dismissed of Charges Possession of a Weapon
  • Charges Dismissed Selling Narcotics
  • Charges Dismissed Bank Robbery
  • Case Dismissed Charged With Fraud
  • Found Not Guilty Domestic Violence
  • Charges Dismissed Rape in The First Degree
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