Rape Defense Lawyer in Hempstead

At The Law Office of Stuart A. Kanoff & Associates, we protect the rights and interests of individuals facing rape charges in New York. If you’re under investigation or have been charged, our rape defense attorney in Hempstead is ready to provide aggressive, knowledgeable representation for your situation.

Call The Law Office of Stuart A. Kanoff & Associates today at (516) 447-8009 or contact us online to schedule a consultation with our rape defense lawyer in Hempstead.

What Is Rape Under New York Law?

New York Penal Law Article 130 defines three degrees of rape, all felony offenses. Which degree applies to a specific accusation matters because each carries different penalties and distinct legal elements the prosecution must prove.

The three degrees are:

• Rape in the First Degree (PL 130.35 — Class B Felony): Involves sexual intercourse by forcible compulsion, with a physically helpless person, or with a person under 11 years old. If the actor is 18 or older, it also applies when the other person is under 13.
• Rape in the Second Degree (PL 130.30 — Class D Felony): Applies when the actor is 18 or older and the other person is under 15, or when the other person is mentally disabled or mentally incapacitated. An affirmative defense exists if the defendant was fewer than four years older than the other person.
• Rape in the Third Degree (PL 130.25 — Class E Felony): Covers sexual intercourse with a person incapable of consenting, or by an actor 21 or older with a person under 17.

Under New York law, consent must be given freely and voluntarily. It can’t be given by someone who is physically helpless, mentally incapacitated, or below the legal age of consent. Rape charges arise across a wide range of situations, including stranger assault, acquaintance and relationship contexts, spousal situations, and statutory scenarios involving age differences.

Penalties for Rape in New York

The degree charged determines the sentencing range, but every conviction carries consequences that go well beyond prison time.

Degree-specific prison ranges:

• First Degree (Class B Felony): 5 to 25 years; classified as a violent felony offense, so the 5-year minimum is mandatory.
• Second Degree (Class D Felony): 2 to 7 years; classified as a violent felony offense, so the 2-year minimum is mandatory.
• Third Degree (Class E Felony): Up to 4 years for a first offense; a judge may also impose probation.

Beyond prison, a rape conviction also brings:

• Sex Offender Registration: All rape convictions require registration under SORA. Level 1 offenders must register for 20 years; Level 2 and Level 3 offenders must register for life. Registration is publicly accessible and can restrict where a person may live and work.
• Fines: Substantial fines may be imposed as part of the sentence.
• Probation or Parole: Courts may impose probation or parole with strict ongoing conditions.
• Permanent Criminal Record: A felony conviction affects employment, housing, and professional licensing indefinitely.
• Civil Lawsuits: The alleged victim may also pursue a separate civil lawsuit for damages.

Defenses Against Rape Charges in Nassau County

Every rape case turns on its own facts, and the defense we build reflects a thorough investigation of those facts. We examine the evidence, the circumstances of the alleged offense, and every step of the investigation and arrest for weaknesses in the prosecution’s case.

Defense strategies we investigate and pursue include:

• Consent: If the evidence supports that the sexual activity was consensual, the prosecution can’t establish the lack-of-consent element required under PL 130.
• Mistaken Identity: Where witness identification is unreliable or the accused can’t be positively placed at the scene, mistaken identity is a legitimate and viable defense.
• Alibi: Evidence placing the defendant elsewhere at the time of the alleged offense directly challenges the prosecution’s case.
• Challenging the Evidence: Scrutinizing the sufficiency and credibility of the prosecution’s evidence, including DNA evidence, is a central part of how we defend these cases.
• False Accusations: False accusations do occur. A thorough investigation of the circumstances and a careful assessment of the accuser’s credibility can expose claims that aren’t supported by the facts.
• Procedural Violations: Fourth Amendment violations, coerced confessions, and other procedural errors during the investigation or arrest can result in suppression of evidence or dismissal of charges.

Contact Our Rape Defense Attorney in Hempstead

Stuart Kanoff can investigate the facts of your case, build a defense strategy tailored to your situation, and work toward the best possible outcome. You have the right to a vigorous defense, and that’s exactly what The Law Office of Stuart A. Kanoff & Associates provides.

Contact The Law Office of Stuart A. Kanoff & Associates today to get started with our Hempstead rape defense attorney.