Rape and Sexual Assault
The penalties for rape vary depending on the age and mental capacity of the alleged victim at the time of the incident. However, rape generally falls into three degrees with associated penalties.
According to New York Penal Code §70.80, third-degree rape is a class E felony punishable by up to four years in prison and up to $5,000 in fines. Second-degree rape is a class D felony punishable by one to seven years in prison and $5,000 in fines. First-degree rape is punishable by five to twenty-five years in prison and $5,000 in fines making it important that an Albany domestic violence attorney is contacted.
Similar to rape, assault varies by degree. The most serious assault charge resulting from domestic violence is a class B felony and may result in anything from five to twenty-five years in prison. A class D felony assault can result in three to seven years in prison and a class E felony assault carries penalties of 1 ½ to four years in prison. Finally, a misdemeanor assault charge is punishable by up to one year in prison. All of these charges also carry potential fines of up to $5,000.
Stalking is another common charge associated with domestic violence. As per New York Penal Code §70.15, most stalking charges are misdemeanors that will not result in more than one year in prison. However, if the alleged victim is injured either recklessly or intentionally, the charge can become a class D felony punishable by two to seven years in prison.