Call:
(347) 974-9434
Call:
(347) 974-9434
Rape in the First Degree occurs when an individual engages in sexual intercourse with someone who is unable to consent due to physical helplessness or with a person under the age of 11, or under the age of 13 if the defendant is 18 years or older. This offense is classified as a Class B Felony, carrying a potential prison sentence of up to 25. years. Additionally, the convicted individual must register as a sex offender and may face other consequences, such as the loss of civil rights and financial penalties.
Under New York Penal Code section §130.35 you will be charged with rape in the first degree if you do one of the following:
Related Offenses
Defense
Lack of consent is a key element to a rape charge or any sex crime. <- Link content. An important defense is to show evidence that there was consent
Sentence
Prison. The maximum sentence for being convicted of rape in the first degree is 25 years in prison as under New York Penal Code section 130.35 rape in the first degree is a class B felony and further classified as aa violent felony offense. This means that if you are convicted you will face a mandatory sentence of 5 years in prison.
Probation
A probation term of 10 years may also be part of your sentence. While serving probation, a strict set of rules will be followed including regularly reporting to a probation officer.
Sex Offender Registration
You will also be required to register as a sex offender under New York Correction Law Section 168, also known as the Sex Offender Registration Act (SORA). Rules for registration will have to be followed for at least 20 years and possibly for the rest of your life.
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.