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Arrested for Statutory Rape in Queens? Here’s How a Lawyer Can Help
Arrested for Statutory Rape in Queens? Here’s How a Lawyer Can Help
Being arrested for statutory rape can be an incredibly scary and overwhelming experience. Even if the encounter felt consensual at the time, having sex with someone underage is against the law in New York. The legal system can seem cold and unforgiving when you’re facing serious charges like these. That’s why it’s so important to have an experienced Queens statutory rape lawyer on your side to guide you through the process and build the strongest possible defense.
First off–don’t panic. Take a deep breath. While statutory rape charges need to be taken very seriously, they are also defendable with the right legal strategy. A knowledgeable lawyer will thoroughly examine the details of your case, look for any potential weaknesses in the prosecution’s argument, and make sure your rights are protected every step of the way. You don’t have to go through this alone.
What Constitutes Statutory Rape in New York?
In New York, the age of consent is 17 years old[1]. This means anyone under 17 is legally unable to give consent, regardless of whether the sexual activity felt voluntary. The specific charges and penalties depend on the ages of the victim and defendant:
- If the victim is under 17 and the defendant is 21 or older, it is Rape in the Third Degree, a class E felony punishable by up to 4 years in prison
- If the victim is under 15 and the defendant is 18 or older (and at least 4 years older than the victim), it is Rape in the Second Degree, a class D felony punishable by up to 7 years in prison
- If the victim is under 13 and the defendant is 18 or older, it is Rape in the First Degree, a class B felony punishable by up to 25 years in prison
It’s important to note that statutory rape charges can be brought even if the sexual activity was consensual. Since a minor legally cannot consent, “consent” is not a defense. Any sexual contact at all with someone underage may lead to criminal charges.
Common Defenses Against Statutory Rape Charges
While statutory rape cases can be challenging to fight, there are defenses an experienced lawyer may use to get charges reduced or dismissed. Some common defenses include:
- Mistake of Age – You reasonably believed the minor was over the age of consent based on their appearance, what they told you, etc.
- Romeo and Juliet Law – You and the minor are within 4 years of age, reducing potential penalties
- False Accusations – The minor lied about their age or is making false allegations out of anger, jealousy, etc.
- Lack of Evidence – The prosecution lacks solid evidence you engaged in sexual activity with a minor
An adept Queens statutory rape attorney will thoroughly examine the facts of your case to determine if any of these defenses may apply. They will also aggressively cross-examine witnesses, scrutinize all evidence, and make sure your rights are upheld throughout the legal process.
The Importance of Legal Representation
Trying to navigate the complex criminal justice system alone when faced with serious felony charges would be extremely unwise. An experienced statutory rape lawyer knows the ins and outs of New York law and will fight tirelessly to protect your future. Specifically, a lawyer can help by:
- Providing strong legal counsel at every stage, including bail hearings, plea bargains, trials, and sentencing
- Conducting a thorough independent investigation of the allegations
- Obtaining and scrutinizing all evidence, including police reports, witness statements, etc.
- Interviewing any potential witnesses and assessing their credibility
- Filing motions to suppress illegally obtained evidence
- Negotiating with the prosecutor for reduced charges or a dismissal
- Preparing you to testify clearly and confidently if you choose to
- Presenting persuasive arguments to the jury highlighting reasonable doubt
- Ensuring your story comes across accurately and compellingly
Without professional legal help, the odds will be heavily stacked against you. Statutory rape convictions often lead to years behind bars and a lifetime as a registered sex offender. These severe consequences make experienced legal counsel more critical than ever.
What to Do If You’ve Been Arrested
If you or a loved one have been arrested for statutory rape in Queens, here are some important steps to take right away:
- Remain silent and avoid making any statements to the police until you have legal representation
- Hire a trusted Queens statutory rape lawyer as soon as possible
- Follow your lawyer’s instructions carefully throughout the legal process
- Work collaboratively with your lawyer to build the strongest defense
- Be honest with your lawyer so they can best advocate for you
- Stay positive and keep an eye toward your future beyond these charges
A skilled statutory rape attorney will handle the difficult conversations and negotiations so you can focus on moving forward. While the charges are severe, an experienced lawyer can often get them reduced or dismissed entirely in cases like yours. There is hope.
Why Choose Our Queens Sex Crimes Law Firm?
For over 45 years, our Queens sex crimes law firm has successfully defended clients against all types of charges involving minors. Our statutory rape lawyers have extensive courtroom experience, in-depth knowledge of New York law, and a proven track record of favorable case results. We know how high the stakes are and will work tirelessly on your behalf.
We also understand these charges involve sensitive, private matters. We treat every client with respect, discretion and compassion. Our legal team will make you feel supported while providing strong, strategic advocacy aimed at preserving your future.
To schedule a free, completely confidential case evaluation, call our Queens office today at (718) XXX-XXXX. Don’t leave your fate in the hands of the justice system alone–let our qualified statutory rape lawyers fight for the best possible outcome in your case.
References
- https://criminaldefense.1800nynylaw.com/new-york-statutory-rape-defense-lawyer.html
- https://www.tilemlawfirm.com/statutory-rape.html
- https://www.newyorksexcrimeslawyer24-7.com/new-york-statutory-rape-lawyer.html
- https://crimes.1800nynylaw.com/queens-statutory-rape-lawyer.html
- https://www.newyorkcriminallawyer24-7.com/new-york-statutory-rape-lawyer.html
- https://www.newyorkcriminallawyer24-7.com/new-york-rape-lawyer.html