rape

Ecstasy, Gamma-Hydroxybutyrate, and Valium are some of the date rape drugs in New York State. They can cause unconsciousness, sexual excitement, fatigue, or drunkenness. It is believed that one cannot consent to sexual activity in such a state, and if it happens, it might be a grave criminal offense.

While it might not come with life-imprisonment consequences, its penalties can be life-changing. Depending on the circumstances, you might deal with its repercussions for the next couple of decades or the rest of your life. A Long Island criminal justice attorney can explain the high stakes and help find viable solutions.

Is Date Rape a Felony or Misdemeanor in Long Island?

Date rape is considered too serious to be a misdemeanor in New York. Instead, it is charged as a Class B felony. It might also be referred to as rape in the first degree. The judge might uphold these charges if it is established that sexual intercourse happened:

• To someone 13 years or less by someone 18 years or older
• To someone younger than 11 years
• To someone physically helpless and incapable of consenting
• Forcibly

If the prosecution brings forth evidence showing that you meet all the elements of a date rape crime, you could face all the penalties stipulated in the New York Penal Law. A seasoned Long Island date rape defense attorney can help you explore legal options to give you the best possible outcome.

Must I Register in the Sex Offender Registry if Convicted?

If you don’t take proactive steps to defend yourself against date rape accusations, you could be required to register as a sex offender. Being on the sex offender registry might negatively impact your life in New York. For instance, you might struggle:

• Qualifying to receive financial aid
• Finding an apartment to rent
• Finding a job

Unfortunately, you cannot delete such records until 20 years have elapsed, or the consequences might stick with you for life. A seasoned attorney can help you avoid a conviction and ensure that your current quality of life is not affected by a sex offender’s record.

How Much Prison Time is Attached to Date Rape in Long Island?

Being a serious offense, date rape comes with extended periods of imprisonment. Convicts might have to stay in confinement for up to 25 years or a minimum of two years. The sentence could be the maximum possible or shorter depending on the circumstances.

Mitigating factors might shorten a convict’s prison time in New York State. But you’ll need a Long Island date rape defense attorney to convince the judge that you deserve the least possible sentence. You might regain your freedom faster and go back to leading a normal life if the sentence is significantly shortened.

What Fines Does One Pay if Convicted of Date Rape?

If you are found guilty of a date rape offense in Long Island, you might receive more than an imprisonment sentence. Hefty fines are often inevitable and can be as high as $25,000. And if you don’t have the money in your bank accounts, the court might decide to tie the lien on your properties.

Alternatively, the court might garnish your wages after finishing your prison sentence, to recover the fines. It would be wise to strive to get the least possible penalties by convincing the judge that it is just to award you the least possible amount based on the circumstances. It might not be easy to do this, but an experienced date rape defense lawyer in New York can help.

What Happens if I’m Placed on Probation?

Sometimes, probation might be part of the sentence in Long Island. During this period, you could be free, but subject to certain conditions. You might have to:

• Report to a probation officer frequently
• Avoid leaving the state without consulting the probation officer
• Be of good behavior
• Submit to random search and seizures

Probation in such instances can run for up to 10 years. And the penalties for violating the terms of probation in New York can be extremely harsh. So, make sure that you understand all that’s required of you and follow it to the latter. To be safe, consider asking a Long Island attorney to interpret the complex ‘legalese’ terms for you.

What Defenses Can I Use to Escape Date Rape Penalties?

There are several defenses used in a date rape hearing. However, not all would be applicable in your circumstances. An evaluation of the facts of your case could guide your attorney on the most appropriate approach to use in your defense. You could argue that:

• You misinterpreted a flirtatious behavior as consent
• You had no criminal intent
• Chemical tests show no date rape drug in the alleged victim’s system
• The accusations are exaggerated and false

Remember that it usually is easier to prepare strategic defenses when you consult with an attorney earlier in the case.

How Can Attorneys Help?

A qualified criminal defense lawyer will not rely on the police’s investigation of the alleged date rape. Instead, a Long Island date rape defense attorney does their own investigation into the incident. Findings on what might have really occurred can be an eye-opener and form the basis for defense. It can also highlight weaknesses in the prosecution’s case and produce avenues to challenge it.

It would be unfair to end up in jail or pay hefty fines because of untrue allegations or misidentifications. Accused persons should not risk fighting such legal battles on their own because they can be complex and cost your freedom and your hard-earned resources. Consider retaining a legal expert as soon as you find out you are being investigated for date rape in Long Island, NY.

Attorney Defending You Against Criminal Accusations

Police officers tend to pay attention to the alleged victims more than they might listen to you. Thus, you might not be treated fairly even when the other party makes false allegations.

The only person you can bank on is your personal legal representative. Speak to our lawyers today to safeguard your rights and achieve the best possible outcomes in your defense.

In this day and age there are a lot of conversations being had on the subject of rape. People are learning that the conception they’ve had in their minds about rape doesn’t convey the complexity of the topic. Rape charges don’t just cover a violent sexual assault but rather they cover a range of sexual behaviors that are unacceptable.

Among the various rape charges that exist are the terms “date rape” and “statutory rape.” These are two different crimes that give some idea of the relationship between the victim and the assailant. In order to understand how these laws work, it is necessary to first understand what consent is as it directly figures into the charges.

What is Consent?

Sexual contact with another person is generally acceptable so long as consent is granted. But if consent is not granted then sexual contact enters into the realm of a sex crime. In its most basic definition, consent is a person agreeing to a sexual encounter. If an individual does not agree to have a sexual encounter with you then they have not given their consent.

This seems like a simple concept but it gets tricky. You have to be in your right mind in order to give consent. For example, an intoxicated individual can not give their consent. They may agree to a sexual encounter while under the effects of drugs and alcohol but they’re not considered to be in their right mind and therefore they are actually unable to consent.

Consent is also complicated when the person giving consent is of a young age. Those who are under fourteen cannot give their consent to have a sexual encounter with an adult, even if they show that they understand everything that is happening. These laws get more complicated when it comes to two young people having sex, as many states want to give some room for teenagers to explore their sexuality in a healthy manor without getting the law involved.

Others that can’t get their consent are those that are mentally ill and those that are developmentally disabled.

How Do Statutory Rape Laws Work?

Statutory rape occurs when somebody older than 18, an adult, has sex with a minor, some under 17. The sex may be consentual but the minor is considered to be incapable of giving consent. The details of the particular case will determine which of the following charges are applied:

• First Degree Rape: This covers sexual intercourse between a minor who is under 11 years of age and a defendant who is anywhere from 13 and older.
• Second Degree Rape: This covers sexual intercourse between a minor who is under 15 and a defendant who is at 18 or older.
• Third Degree Rape: This covers sexual intercourse between a minor who is younger than 17 and a defendant who is 21 or older.
• Criminal Sexual Act in the First Degree: This covers anal or oral sexual contact between a minor under 11 and a defendant who is 13 or older.
• Criminal Sexual Act in the Second Degree: This covers anal or oral sexual contact between a minor under 15 and a defendant who is 18 or older.
• Criminal Sexual Act in the Third Degree: This covers anal or oral sexual contact between a minor younger than 17 and a defendant who is 21 or older.
• First Degree Sexual Abuse: This covers any sexual touching, even above the clothes, between a minor under 11 and a defendant who is 13 or older.
• Second Degree Sexual Abuse: This covers any sexual touching between a minor under 14 and a defendant of any age.
• Third Degree Sexual Abuse: This covers any sexual touching, even above the clothes, between a minor who is 15-16 and a defendant who is at least five years older than the victim.
• Sexual Misconduct: This includes any oral or anal sexual contact or intercourse with someone who is younger than 17.

These range from misdemeanor crimes, as is the case with sexual misconduct, to class B felonies. Jail sentences range from several months in jail to upwards of 25 years in jail at their highest level.

Sex crimes will also follow you around for the rest of your life and you may be required by law to let the people around you know of your past charges depending on the circumstances of your charges.

How Do Date Rape Charges Work?

Date rape occurs when one individual has sexual intercourse with another individual that has not given their consent. The term date rape itself is not a legal term but rather it references the fact that the victim and the perpetrator of the rape knew each other beforehand.

Date rape is therefore not a charge itself but rather a way of explaining more about the details of the case, specifically the relationship between the two involved. Date rape cases are often quite complicated and they tend to hinge on the concept of consent to a larger degree than other sex crime related cases because of the defendant and the victim’s prior relationship.

What Should I Do If I’m Facing a Rape Charge?

If you have been accused of statutory rape or date rape then it can feel like your life is falling apart around you. This is especially true if you didn’t commit any crime or didn’t realize that you were, as can be the case with statutory rape charges that occur between two young individuals.

Before you start to panic, the best thing to do is to speak to an attorney that has experience with statutory rape cases. An experienced attorney will be able to set your mind at ease and walk you through everything that you should expect in handling the charges. Mirsky Law Firm has knowledgeable attorneys that are ready to help. Give us a call at (516) 299-6187 to see how we can help.

It goes without saying that rape is a heinous crime. Many states, including New York, take rape charges very seriously. The state of New York categorizes and prosecutes rape in three degrees depending on the circumstances of the crime. If you are charged with rape in Suffolk County, Nassau County, or in any of the five boroughs, get legal representation immediately and contact an experienced Long Island criminal defense lawyer. In the state of New York:

• First-degree rape is rape by “forcible compulsion,” the rape of someone who is physically helpless, the rape of someone less than 11 years old, or the violation of someone less than 13 years old by a person age 18 or older. First-degree rape is a class B felony in New York, and if convicted, you could be sent to prison for as much as 25 years and fined up to $5,000.
• Second-degree rape is the violation of someone less than 15 years old by someone 18 or older, or the rape of someone who is mentally disabled or mentally incapacitated. Second-degree rape is a class D felony in New York, and if convicted, you could end up in prison for up to 7 years and be fined up to $5,000.
• Third-degree rape is the rape of someone who is incapable of consent for a reason other than being less than 17 years old or the violation of someone less than 17 by someone 21 or older. Rape in the third degree is a class E felony punishable by up to 4 years in a New York state prison and a fine of up to $5,000.

Anyone less than 17 is considered “incapable of consent” under New York law (unless that person is married). While no guarantee can ever be made regarding the outcome of any specific criminal case, your best hope for justice if you’re charged with first, second, or third-degree violation is to contact an experienced Long Island criminal defense lawyer immediately.

Statutory Rape

The news media love these stories. An attractive female teacher is accused of engaging in a sexual relationship with a much-younger male student. The news stories are titillating, and the late-night TV comedians always have a smart-alecky comment. But if you’re a teacher – male or female – or in another professional position where you work with children, and you are accused of a sex crime with a minor, you have a lot to lose, beginning with your freedom. Anyone in the New York City area who is charged with a sex crime involving a minor will need to retain top-notch legal help immediately. Even if you’re only suspected or under investigation for a sex crime, call an experienced Long Island criminal defense attorney at once. Prosecutors are zealous to convict sex crime suspects; you’ll need an equally zealous advocate acting on your behalf. 

In some of these cases, when the cell phone and computer records are scrutinized, the evidence of a crime can be overwhelming. In those cases, a good criminal defense lawyer can usually introduce extenuating circumstances and help clients reach the best possible plea arrangement. But in other cases, teachers and other professionals are falsely accused of sex crimes, and it takes a skilled, aggressive defense advocate to challenge the evidence and discredit the accusation.

You would think the law against statutory rape would be simple and straightforward, but in the state of New York, it isn’t. If you’ve been accused of statutory rape, or even if you’re only suspected of the crime, it’s important to understand the law and to understand your rights.

The law looks simple enough at first. For adults, it’s against the law to have sexual intercourse in New York with a minor under seventeen. Even if the minor “consents,” the law states that those under seventeen cannot actually legally consent, so the crime in such instances is called “statutory” rape. If a person twenty-one or older has intercourse with a minor under seventeen, in New York it’s usually a Class E felony, and the charge is usually statutory violation in the third degree. A conviction can lead to four years in prison and a fine of $5,000.

Beyond this basic standard, the law gets complicated. Anyone eighteen or older who has sexual intercourse with anyone under fifteen can be charged with statutory violation in the second degree, a class D felony that can lead to seven years in prison and a fine of $5,000. And anyone – anyone – having intercourse with a minor under the age of eleven, or anyone eighteen or over having intercourse with a minor under the age of thirteen, may be charged with statutory rape in the first degree, a class B felony. Statutory rape in the first degree can be punished in New York by up to 25 years in prison and a fine of $30,000.

The state of New York takes statutory violation seriously, and leniency is seldom offered to those convicted of the crime. Without regard to the degree, you could be facing mandatory, long-term incarceration if you are convicted of statutory rape in New York. If you are charged or even suspected of this crime, it’s absolutely imperative that you speak at once with an experienced criminal defense attorney. Anyone – anyone – facing this charge simply must have the help of a good criminal defense lawyer. An experienced criminal defense attorney will evaluate your case, give you the legal advice you need, and diligently defend you in court.

Hire A Long Island Sex Crimes Attorney

Sex crimes really are considered heinous and really are prosecuted aggressively in New York. If you are accused of any sex crime in or near New York City, don’t rely on a public defender to handle your case. There is too much at risk to put your future in the hands of someone who does not have experience successfully defending sex crimes defendants. Get the aggressive defense representation you’re going to need and call an experienced Long Island criminal defense attorney as soon as possible. The sooner that you hire a criminal defense attorney, the more favorable the outcome may be for your case.