Criminal Defense Lawyers

NY Penal Law § 13035 Rape in the First Degree

NY Penal Law § 130.35: Rape in the First Degree

Of the three rape charges coveredin the New York Penal Code rape in the first degree, a class B felony, is the most serious. You will be charged with rape in the first degree under New York Penal Code section 130.35 if you engage in any of the following acts:

Conduct sexual intercourse with an individual by forcible compulsion

Conduct sexual intercourse with an individual person who is physically helpless

Conduct sexual intercourse with an individual person who is younger than 11 years old

Conduct  sexual intercourse with a child who is younger than 13 years old and you are at least 18 years old.

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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Two Examples

A man puts a knife to the neck of a woman and demands that she take off her clothes. He then forces her to engage in sexual intercourse with him. This man could be prosecuted for rape in the first degree based on lack of consent, because by using the knife, he coerced the woman by threatening her with immediate physical harm or death.

at a party, a man meets a woman. Together, they drink alcohol and smoke marijuana. At some point the woman passes out. The man then has sexual intercourse with her while she is unconscious. The man could face charges of rape in the first degree since the woman was physically helpless when he had sexual intercourse withher.

Offenses that are Related

Aggravated sexual abuse in the first degree: New York Penal Code section 130.70

Criminal sexual act in the first degree: New York Penal Code section 130.50

Sexual abuse in the first degree: New York Penal Code section 130.65

Course of sexual conduct against a child in the first degree: New York Penal Code section 130.75

Possible Defense

Because the lack of consent is as critical an element to a rape charge as it is to all the sex crimes, an important defense is to prove that there was consent to the sexual intercourse.

Sentence

Incarceration. The maximum sentence for a rape in the first degree conviction is 25 years in prison because pursuant to New York Penal Code section 130.35, it is a class B felony. Rape in the first degree is additionally classified as a violent felony offense. What this means is that if convicted, you would face a mandatory minimum sentence of 5 years behind bars.

Probation. A 10 year probation term may be part of your sentence as well. For the duration of your term of probation you will be obligated to follow a set of strict rules, including regularly reporting to your probation officer.

Registration as a Sex Offender. You will also be obligated to register as a sex offender under New York Correction Law section 168, also referred to as the Sex Offender Registration Act (SORA). You will be required to follow the registration rules for a minimum of 20 years, and possibly for the rest of your life.