Young man handcuffed with female attorney sitting across from him

Defending Against Sexual Assault Charges in New York

What Is The Penalty For Rape In New York?

Sexual assault charges are among the most serious of criminal charges you could face in New York.  Sexual assault charges carry the potential for lengthy prison time, along with mandatory registration as a sex offender.  With so much stigma surrounding sexual assault charges and such serious penalties at stake, anyone charged with any form of sexual assault will want to contact an experienced NYC sexual assault criminal defense attorney.

Types Of Sexual Assault Charges 

Sexual assault crimes are defined under Article 130 of the New York State Penal Law.  Sexual assault crimes include rape, sexual abuse, criminal sexual acts, aggravated sexual abuse, and female genital mutilation, among other crimes.  Additionally, each crime comes with ranging degrees of severity.

For example, the crime of rape in the first degree involves the following elements:  A person is guilty of rape in the first degree if he or she engages in sexual intercourse with another person by forcible compulsion, or who is unable to give consent because he or she is physically helpless, or under the age of 11, or less than 13 when the defendant is 18 or older. 

The crime of rape in the first degree is a Class B felony in the state of New York.  This means that if convicted of first-degree rape, you could be sentenced to up to 25 years in jail.  Additionally, you could face probation, fines, community service requirements, and mandatory registration as a sex offender.  As a registered sex offender, you will face restrictions as to where you can live and travel, you may struggle to obtain employment, and your criminal history will be a part of public record, searchable by neighbors and friends.

Rape is just one of the several sexual assault charges you could face in the state of New York.  No matter what the charge, you will need to mount a strong defense against the sexual assault charges you face.  There are many potential defenses you can pursue against a sexual assault charge, which may include challenging the victim or witnesses’ identification, challenging DNA evidence, asserting a strong alibi, attacking the alleged lack of consent, and much more.  Contact a criminal defense lawyer to get started preparing your defense today.