New York Rape Lawyer

Are you facing charges for rape or statutory rape in New York City?

Whether you have been accused or formally charged with rape or statutory rape, you need an attorney who will put on a vigorous defense right away. Whether the incident occurred in New York, Westchester or Long Island, rape crimes are harshly prosecuted. This process can be very confusing because of the complicated and hard-to-understand classifications of sexual offenses in the New York Penal Code.

Any charge or accusation of a sexual offense can be very damaging to your reputation. Even if you did nothing wrong, it can be extremely embarrassing to be accused of such a heinous crime. This is especially true if the alleged victim is a minor. Attorney George Vomvolakis knows how to prevent mere accusations from becoming formal charges against you. He will be by your side to guide you through the entire process and understands how to help you defend your rights and your reputation.

What exactly is “rape”?

Rape is a general term for many different types of sexual offenses involving unwanted, forcible or coercive sexual conduct. Charges are often based on instances of one or more of the following crimes:

  • Rape: First Degree Rape – Under Penal Code Section 130.35 if you have been accused of having sexual intercourse with a victim under the age of 13 and you were over the age of 18 you can be tried for first degree rape. This offense may also be charged where the sexual intercourse occurred by forcible conduct, where the victim was less than 11 years of age or where the victim was physically helpless against your sexual advances. This offense is a class B violent felony carrying a minimum of 5 years in prison.

Second Degree Rape – If you are accused of having sexual intercourse and you are over the age of 18 and the alleged victim is younger than fifteen, but older than 13, you may face charges for the offense of second degree rape under Penal Code 130.30. This crime may also be charged if the other person was unable to consent due to a mental disability or other mental incapacitation. In the vast majority of cases this crime is charged as a class D felony.

Third Degree Rape – If you were over the age of 21 at the time of the alleged sexual crime and the victim is younger than 17, you may be criminally liable for third degree rape. You may also be liable for this crime if the basis for the sexual contact was something other than the victim’s inability to consent. Under Penal Code 130.25 this is charged as a class E felony.

  • Statutory rape – This offense is a variation of the general crime of rape and depends on several factors: the act, the age of the victim and the age of the defendant.
  • Criminal Sexual Act – Under Penal Code 130.40-130.50 there are three levels of criminal sexual act, each using the same age levels that apply to the rape classifications described above. A criminal sexual act specifically involves oral or anal sexual conduct, and each level of charges for a criminal sexual act correspond with the same penalties as rape.
  • Sexual Abuse – Sexual abuse involves some form of unwanted sexual contact. Again the three levels of sexual abuse correspond directly to the same age levels that apply to rape crimes. Under Penal Code 130.60, first degree sexual contact involves forcible compulsion, a victim under 11, and/or a lack of consent. This offense is considered a class D violent felony. Second and third degree sexual abuse charges are considered misdemeanors.
  • Course of Sexual Conduct Against a Child – Multiple acts of intercourse, oral or anal sexual conduct or sexual contact with a child under the age of 11 (or 13 in the case of a defendant over the age of 18). Penal Code 130.80 requires that this conduct occurred over a period of at least 3 months and will be charged in the second degree as a Class D felony.
  • Aggravated Sexual Abuse – This crime is also based on a lack of consent or unwanted sexual touching where you inserted a finger or other foreign object into a body cavity of another person. Aggravated sexual abuse is subject to the same force and age limitations as rape crimes. This crime is broken down into 4 degrees of severity with the most severe degree, first degree, being charged as a class B felony.
  • Sexual Misconduct – If you have engaged in any of the following activities you may face criminal charges of misconduct under Penal Code 130.20 if you engaged in sexual intercourse with another person without such person’s consent; or you carried out an act of oral sexual conduct or anal sexual conduct with another person without such person’s consent; or you engaged in an act of sexual conduct with an animal or a dead human body. This is generally charged as a Class A misdemeanor.

In the vast majority of these cases, the charges will be felonies, and if the prosecutor decides to file felony charges in the first degree, you will be facing substantial time in state prison. The practical application of the various levels of crime can be very confusing and the sentences associated with each “degree” of a sexual crime can vary markedly. Therefore, it is imperative that you hire an attorney who understands these distinctions and knows how to cast doubt on the state’s case.

New York’s Trusted Statutory Rape Defense Lawyer

Without the right criminal defense attorney you will have a very difficult time combating the charges and restoring your good name. George Vomvolakis has been practicing criminal defense law for years and he keeps up to date with the latest developments in criminal case law and jurisprudence.

He was a successful prosecutor prior to entering private practice and he knows how the state will build its case against you. George can also leverage his years of dealing with high profile cases to proactively deal with the news media and reporters. Let him show you how helpful his experience can be by setting up a free case consultation today!

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