If you are ever charged with a crime involving rape, your life may change forever in an instant. Even if you have not yet been convicted of the crime, the court of public opinion may quickly turn against you. With this likely effect, it is not unheard of or unreasonable to be concerned and confused about what your next move should be.
Fortunately, a Binghamton rape lawyer from our firm may be able to help. At Tully Rinckey PLLC, we understand not only the potential legal consequences of a rape accusation, but also the public aspect of these charges and the effect that they can have on your life. One of our skillful attorneys could work with you to understand the challenges you face, form a powerful defense, and put that defense into action in court.
Depending on the severity of the charge, a conviction for rape in Binghamton may be punishable by anywhere from probation to twenty-five years in prison. In addition to carrying potentially life-changing prison sentences and labelling you as a felon, any conviction for any level of rape would require you to register as a sex offender.
Upon release from prison, you would have to register with a state agency, be prohibited from living in many locations, and be unable to hold certain jobs. Given how permanent and life-altering these penalties may be, it may be essential that you take every step possible to prevent this from happening.
Laws Concerning Rape in Binghamton
Any time a person forces another to engage in penetrative sex, they may be found guilty of rape. However, there are three classes of rape charges under New York Penal Law, each of which represents a different degree of severity based on the circumstances of the rape as well as the identity of the alleged victim. As such, the available penalties for a rape conviction also vary.
Rape in the First Degree
The most serious version of rape, Rape in the First Degree, is defined by New York Penal Code §130.35 as when a person uses physical force or the threat of it to coerce another into sex. It also applies when a person has sex with another who is physically helpless, or whenever any person has sex with another who is under the age of eleven. Rape in the First Degree is a class B felony.
Rape in the Second Degree
A charge of Rape in the Second Degree is a class D felony that applies whenever any person eighteen years of age or older has sex with another who is under the age of fifteen. NYPL §130.30 also defines second-degree rape as any sexual intercourse with a person who cannot consent due to a mental disability.
Rape in the Third Degree
Rape in the Third Degree, the least serious version of rape under New York Penal Law, is still a class E felony. NYPL §130.25 defines this crime as when a person has sexual intercourse with another who cannot consent for any reason other than age. A person over the age of twenty-one is also guilty of third-degree rape if they have sex with a person under the age of seventeen.
When facing allegations of rape, even for the less serious versions of the charge, you should act immediately to protect yourself and your best interests. Every type of rape conviction in the State of New York is a felony that will likely result in a lengthy prison sentence. In addition, all people convicted of rape are required to register as a sex offender.
The stakes in these cases are high, but a Binghamton rape lawyer from Tully Rinckey PLLC may be able to help you avoid this outcome. Our legal team is experienced in the prosecution, defense, and even judging of criminal charges in New York, and they could work with you to analyze the prosecution’s case and develop a strategy aimed at avoiding a conviction.
No matter the criminal matter you face, the respectful, knowledgeable and experienced attorneys at Tully Rinckey handle your legal representation with sensitivity and care. We protect your rights and fight to help you realize the legal outcomes you desire. Let us represent you today.
To schedule a free consultation with a member from our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or info@tullylegal.com
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