New York State’s laws concerning the age of consent for sexual relationships are less straightforward than many people may think. While there are certain ages at which a person can never consent to sexual contact, the age of consent for many teenagers and young adults varies depending on the age of their partner.
If you are facing such allegations, a Syracuse statutory rape lawyer from Tully Rinckey PLLC could provide valuable assistance. Our team of experienced and unshakeable criminal attorneys could help you understand New York’s laws concerning the age of consent and formulate a strong defense to protect your rights in court.
In general, a statutory rape is any act of sexual intercourse with a person who is not of legal age to consent. The general age of consent for sexual intercourse in New York is seventeen. However, this does not mean that a person who has sex with another who is under seventeen is automatically guilty of rape.
Any time a person has sex with someone who cannot consent due to their age, they could be charged with statutory rape. New York Penal Law makes no distinction between statutory rape and rape committed by coercion or force. Because of this, people who are accused of statutory rape face harsh potential penalties after conviction.
A common defense to these charges is that the accused person was also under the age of seventeen at the time of the meeting. In fact, the age difference between the two parties is the sole determining factor in the seriousness of the charge and the potential defenses available in such a case.
Rape in the First Degree
The most serious offenses involve sexual intercourse with a person who is less than eleven years old. This is always considered to be Rape in the First Degree under New York Penal Law §130.35. This statute also applies if you are over the age of eighteen and your partner is under the age of thirteen. Convictions here are class B felonies.
Rape in the Second Degree
Rape in the Second Degree, as defined by NYPL §130.30, applies when a person over the age of eighteen has sex with a person less than fifteen years old. This is treated as a class D felony.
However, the statute provides an affirmative defense where a defendant may argue that they were less than four years older than the alleged victim at the time of contact. In other words, if you are eighteen years old, you may argue in court that your partner was fourteen at the time of contact, and that since your difference in age was less than four years you are not guilty of second-degree statutory rape.
Rape in the Third Degree
Finally, anyone over the age of twenty-one cannot have sex with anyone less than seventeen years old. This is the lowest level of rape defined under the law, and it is listed by NYPL §130.25 as a class E felony.
It is important to remember that charges of lower severity are what is known as lesser included offenses. Even if a person can rightfully argue that their offense does not fit a first-degree rape charge, they may still face charges for second- or third-degree rape.
Reach Out to a Syracuse Statutory Rape Attorney Today
Allegations of statutory rape can be confusing and frightening time to handle by yourself. A Syracuse statutory rape lawyer from Tully Rinckey PLLC could help you understand your charges and to take advantage of every potential defense. To discuss your case and your potential options, call us 24 hours a day, 7 days a week via phone at 8885294543, or by e-mail at info@tullylegal.com.
You can also use our secure Live Chat feature to connect with us regarding your matter. Your message will be delivered to a secured firm account with a member from our team ready to assist you.
Book Your Consultation Now!
Ready to book your consultation? Click here to pay our consultation fee and book your meeting with an attorney today!
I was most fortunate to be able to hire Derrick Hogan on two separate occasions to fight tickets for us. I cannot even begin to tell you what kind of a professional we were dealing with. His character matched his ability as an attorney. Having to hire an attorney for an out of town situation was a very difficult decision to make. I feel so blessed with dealing with this esquire. Mr. Hogan handled us like a symphony. He was extremely kind, brilliant, confident, sincere, and worked very hard on our behalf. He takes great pride in his work and it certainly shows. I have never in my entire life worked with anyone this professional or more highly qualified. If you decide to hire Derrick Hogan, you will have made the decision to hire the best attorney possible. Sometimes driving a Lexus is a smoother ride than driving a Dodge. You would be getting a Lexus with this lawyer. I give him five stars; he is a superstar himself. What a pleasure for me to recommend Derrick Hogan. Derrick is the absolute BEST of the BEST.
K.F.
Tully Rinckey PLLC's professionalism put me right at ease. They had all charges against me dropped! I truly felt they earned my whole retainer and they even sent me back what was not used. I did not feel overcharged by Tully Rinckey PLLC at all. Their hard work kept me from getting a criminal record that would have affected me for the rest of my life. For this I am grateful. I have never been in trouble in my entire life. Getting arrested, being put in jail and losing my job, changed me to the core. Because of all the hard work done by them, I have a new life to live. For that, I cannot ever thank them enough!
E.K.
Derrick Hogan at Tully Rinckey handled my case and I feel fortunate that he was my lawyer. I called to talk with someone about my case and by chance was connected with Mr. Hogan. He listened, asked good questions, and gave me all the information I could have asked for. He explained every step, what would or could happen in very clear and easy to understand terms. I was sent a retainer and explained the case would be covered by a flat fee, and that anything that came up in the future relating to the case would be fully covered by that fee. Although my case was probably one of the simpler, easier cases they handle, Mr. Hogan always made me feel that my case was important to him. He always urged me to call him if I had questions or wanted him to go over anything again. He even called me to follow up before I had to call him – something I find is rare with almost any professionals these days. He treated me with utmost courtesy and respect, was knowledgeable, and reassuring.
C.P.
I contacted Tully Rinckey PLLC for representation and upon doing so, obtained Derrick Hogan as my attorney. Derrick was extremely comforting through the entire process and I was treated with dignity and respect right from the beginning. Derrick was very supportive and shared information with me every step of the way. I personally feel that Tully Rinckey hit a home run with putting Derrick Hogan on its team. Selecting Tully Rinckey was the right choice for me and I highly recommend both Derrick and the firm for anyone seeking professional representation.
K.L.
Derrick was a true professional and treated me and my case with dedication and respect. Everything he promised, he delivered. My case was handled with 100% satisfaction.
When you choose Tully Rinckey PLLC, you aren’t just assigned an attorney. Your legal matter will be cared for by our entire legal team and support staff. With offices throughout the United States, we make sure you receive legal counsel and representation you can trust.
Commitment to Our Clients
Our team-oriented philosophy encourages open and ongoing communication with every attorney, paralegal, and other support staff working with each client ensures we understand their goals. Our commitment to you means meeting your objectives, working attentively and persistently toward your success, and efficiently adjusting to your changing needs.
Commitment to Quality
At Tully Rinckey PLLC, our commitment to quality never ends. We listen to your legal concerns, counsel you on your legal issues and represent you in legal proceedings. Our already knowledgeable attorneys are continually learning more, developing their resources and honing their skills. We make ourselves accessible to you at every turn, committing to be your long-term legal partner.
Our Experience
Our highly knowledgeable law team comes to the table with attorneys who have 20 to 30 years of experience representing hundreds of clients. With hundreds of years of combined experience in appellate, international and U.S. business and corporate commercial law, litigation, criminal law, immigration, bankruptcy, employment law, estate planning, our team has what it takes to ensure your success.
Our Personal Process
Contact us
Contact us to discuss your needs with a client representative and schedule a consultation with an attorney.
PREPARE FOR CONSULTATION
Your time with your attorney is important. Please use this guide to get the most out of your initial consultation.
Meet your attorney
We discuss your specific legal goals and gain important information from you to help us understand your unique situation.