Why You Need an Attorney for Rape in the First Degree Charges in NY

Facing an accusation of rape in the first degree in New York is terrifying. These Class B violent felony charges can destroy your reputation and lead to decades behind bars if convicted.

That’s why having an experienced criminal defense lawyer is absolutely critical. Read on to learn how the right attorney can analyze the evidence, expose weaknesses in the prosecution’s case, and build a strong defense to avoid harsh penalties.

Rape in the First Degree Charges in NY

Under New York Penal Law 130.35, a person is guilty of rape in the first degree if they engage in sexual intercourse with someone:

• By forcible compulsion
• Who is incapable of consent due to being physically helpless (e.g. unconscious)
• Who is under age 11
• Who is under age 13 and the defendant is 18 or older

It is a Class B felony punishable by 5-25 years in prison. The stakes are extremely high if convicted.

How Can a Lawyer Defend Against Rape in the First Degree?

An experienced sex crimes attorney can raise reasonable doubt in these cases by:

• Questioning the credibility of the accuser
• Challenging the validity of forensic evidence
• Proving the encounter was consensual
• Arguing mistaken identity
• Exposing motives to fabricate accusations

They will conduct a meticulous investigation to uncover every weakness in the prosecution’s case.

Should I Make a Statement to the Police?

Never make any statements to law enforcement without your lawyer present. Be polite but decline to answer questions. Anything you say can be used against you.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Let your attorney handle all communication and negotiation with police and prosecutors. They know how to get your side of the story across in the best light.

What If the Accuser Lied About Their Age?

Under NY law, an honest mistake regarding the accuser’s age is not a defense against statutory rape charges. You can still be convicted even if deceived.

However, your attorney can argue you had no intent to commit a crime and did try to ascertain the accuser’s age.

Should I Take a Plea Deal?

Possibly, but first thoroughly discuss options with your lawyer. They will provide an honest assessment of your chances at trial. If acquittal appears unlikely, a plea bargain may be the best option.

Over 90% of criminal cases end in pleas. But your lawyer negotiates for the lightest sentence possible.

How Do I Find the Best Rape Lawyer?

Look for a NY criminal defense attorney with extensive experience defending rape charges specifically. Ask potential hires:

• How many rape trials have you handled?
• What defenses have you used successfully?
• What are my options in this case?
• Can you help avoid sex offender registration?

Go with a lawyer you feel comfortable with and who instills confidence they can win.

Act Fast to Protect Your Rights

Don’t delay in retaining counsel after being accused of rape. Valuable evidence can disappear quickly. An attorney begins building your defense immediately by:

• Interviewing witnesses
• Collecting physical evidence
• Investigating the accuser’s background
• Consulting expert witnesses

Time is of the essence in these cases. An experienced lawyer hits the ground running to cast doubt before charges are even filed.

Why Strong Legal Representation Matters

Here are the benefits of hiring an aggressive NY rape attorney:

• Up to 30% of cases get dismissed pre-trial
• Over 75% result in plea deals with reduced charges
• Less than 3% end in guilty verdicts at trial

Don’t leave your future to chance. The right lawyer makes all the difference in avoiding life-changing penalties for rape in the first degree.