Facing Second Degree Rape Charges in New York?

New York Penal Code 130.30: 2nd Degree Rape

In New York, rape in the second degree is a serious felony offense, classified under New York Penal Law § 130.30. This charge generally applies when a person engages in sexual intercourse with someone who is:

• Under the age of 15, and the perpetrator is 18 years old or older.
• Incapable of giving consent due to reasons other than being underage, such as mental incapacitation.

Penalties and Sentencing

Rape in the second degree is a Class D Violent Felony. It’s considered a violent felony, even though physical violence is not always involved in the crime itself.

If someone is found guilty of rape in the second degree, the punishments can include:

1. Prison Sentence: The mandatory minimum prison sentence is 2 years while the maximum prison sentence can go up to 7 years.
2. Probation: After serving a prison sentence, a person may be subject to probation supervision for up to 10 years.
3. Sex Offender Registration: Those convicted of rape in the second degree are required to register as a sex offender under New York’s Sex Offender Registration Act (SORA). This requires ongoing monitoring and significant legal restrictions on where the person can live and work.
4. Fines and Other Penalties: Fines and restitution may be imposed alongside the prison sentence.

The exact sentence can vary based on several factors, including the individual's prior criminal record, the circumstances of the crime, and any mitigating or aggravating factors presented during sentencing.

How We Fight Second Degree Rape Charges in New York

If you are charged with rape in the second degree in New York, you need an experienced criminal defense attorney. This is a serious felony charge with severe legal consequences, including prison time, mandatory sex offender registration, and long-term social and personal repercussions.

When facing these charges it is critically important to contract expert witnesses to test if mental incapacity was in fact present in order to negate consent. Moreover, in cases where the precise date of the sexual encounter can not be determined, reasonable doubt can be put forth to show that the perpetrator and the complaining witness were not in fact barred from sexual contact due to age. 

Examples and Recent Cases

We recently defended an individual charged with second degree rape who admitted during a post-arrest interview that he had a sexual encounter with an underaged individual while he was above 18 years old. Despite clear-cut evidence, we were able to put forward an extensive mitigation package which outlined our client’s good character within the community and his own mental defects which played a role in his conduct.

Bringing these materials to the forefront of the government’s attention led to a lesser-included plea for which our client served less than six  months in prison. Given his own admissions and the evidence against him, this was a monumental result which spared our client years behind bars.

Reasons Clients Have Hired Us for 2nd Degree Rape Charges

1. Understanding Complex Laws: Rape laws are complex, and the legal process can be daunting. A lawyer experienced in criminal defense can help you understand the charges, the evidence, and potential defenses.
2. Protecting Your Rights: A defense attorney ensures that your constitutional rights are protected throughout the legal process, including your right to a fair trial, protection from self-incrimination, and safeguarding against improper handling of evidence.
3. Building a Defense: A skilled lawyer can review the case for possible defenses, such as challenging the prosecution's evidence, establishing consent, or questioning the credibility of witnesses. They may also explore any procedural errors or violations of your rights during the investigation or arrest.
4. Negotiating Plea Deals: In some cases, your attorney might negotiate with the prosecution to reduce the charges or minimize sentencing through a plea bargain, especially if the case is complex or if mitigating circumstances exist.
5. Trial Representation: If your case goes to trial, having an attorney with experience in criminal defense and courtroom proceedings is essential. They will represent you during the trial, cross-examine witnesses, present evidence, and make legal arguments to help secure the best possible outcome.
6. Navigating Sentencing and Appeals: If convicted, an attorney can argue for the minimum sentence or pursue alternative sentencing options. If necessary, they can also help with filing appeals or seeking post-conviction relief.

Your Defense Begins Today

Should you find yourself being prosecuted for second degree rape, it is imperative that you have an experienced defense lawyer to handle every aspect from start to finish. Our firm has defended against these charges in the past, achieving both pre-trial dismissals and trial acquittals by implementing and pursuing strategic and creative defenses. Contact The Law Offices of Jason Goldman today.