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New York Penal Code %c2%a7 130 25 Rape Third Degree

By Spodek Law Group | July 17, 2023
(Last Updated On: July 27, 2023)

Last Updated on: 27th July 2023, 04:35 pm

The Charges and Penalties for Third Degree Rape in New York

As a criminal defense attorney practicing in New York for over two decades, I’ve seen the full spectrum of sexual assault allegations. From misunderstandings between partners to harrowing predatory acts, each case requires nuanced analysis under the law. One of the most commonly charged offenses is third degree rape under New York Penal Law § 130.25. But what exactly does this entail? Let’s break it down so you understand the critical specifics if faced with this charge.

The Definition of Rape in the Third Degree

Under New York law, a person is guilty of third degree rape when they are over 21 years old and engage in sexual intercourse with someone under 17 years old. The legal age of consent in New York is 17. So even if the victim consented, the act is still considered statutory rape since they are legally unable to provide consent due to their age.

The key factors are:

  • The victim was under 17
  • The defendant was over 21
  • There was sexual intercourse between the victim and defendant

Sexual intercourse is defined as any form of penetration, no matter how slight. That includes oral, anal, or vaginal penetration. Ejaculation is not required.

Penalties and Sentencing for Third Degree Rape

Third degree rape is a Class E felony in New York. The potential sentences include:

  • 1 to 4 years in state prison
  • Up to $5,000 in fines
  • 10 years of sex offender registration
  • Intensive probation and community supervision

The judge has latitude in determining the sentence based on the facts of the case. Sentencing also depends on the defendant’s criminal history and other aggravating or mitigating factors.

In particularly egregious cases, such as repeat offenses or rape combined with another violent felony, higher sentences are possible. Predatory sex offenders with a pattern of abuse often face consecutive sentences resulting in long-term imprisonment.

However, for statutory rape between an 18-year-old and a 16-year-old in a consensual relationship, probation or a less severe sentence is common. The judge has discretion to issue a just punishment fitting the circumstances.

Defenses Against Third Degree Rape Charges

As an experienced criminal defense lawyer, I’ve successfully defended clients against rape accusations by challenging improper police procedures, biased eyewitness testimony, lack of evidence, and other weaknesses in the prosecution’s case.

Some potential defenses to third degree rape charges include:

  • Mistake of age – If the victim lied about their age and reasonably appeared over 17, you may have a valid defense.
  • False accusations – We can investigate motives and credibility of witness statements. If evidence contradicts the charges, we can fight for dismissal.
  • Consent – In statutory rape cases near the age of consent, we can argue consent as a mitigating factor against harsh penalties, even if technically illegal.

An adept defense lawyer understands the nuances of “he said vs she said” disputes in acquaintance rape allegations. Just because charges get filed does not mean the case is open and shut. There may be grounds for reducing or even dismissing allegations based on reasonable doubt.

Why You Need an Experienced Sex Crimes Lawyer

Third degree rape carries the potential for years behind bars and a lifetime of stigma as a registered sex offender. These severe consequences make it critical to have a knowledgeable attorney defend you. Here’s how an attorney protects your rights:

  • We investigate the claims thoroughly and identify contradictory accounts and credibility issues in the alleged victim or witnesses.
  • We negotiate firmly with prosecutors, highlighting weaknesses and pushing for reduced charges or dismissal if warranted.
  • We employ top experts like investigators, psychologists, and DNA analysts to scrutinize the prosecution’s evidence and theories.
  • We aggressively defend you in court hearings, file motions to exclude prejudicial evidence, and deliver compelling arguments to the jury.
  • We advise you on whether to accept a plea deal or take your case to trial.

With my two decades of expertise in sex crimes, I have consistently achieved positive results for clients through dismissals, acquittals, and exceptionally favorable plea bargains. Don’t leave your fate to chance with an overworked public defender. Contact my firm for a free case evaluation and see how vigorously we can fight the charges.

What to Do If You or a Loved One is Charged with Rape

Getting charged with rape, even statutory rape, is terrifying. But remember – you have rights and a steep uphill battle faces any prosecutor. Here are some key steps:

  • Remain silent and only speak to your lawyer. Anything you say can be used against you.
  • Hire a seasoned sex crimes attorney as quickly as possible. Time is of the essence.
  • Follow your lawyer’s advice rather than trying to handle this alone.
  • Your lawyer will investigate the claims, advise your legal options, and build the strongest defense.
  • If a plea deal makes sense, your lawyer will fight for the best possible terms.
  • An adept attorney knows how to present you in the most favorable light and combat biases.

Don’t lose hope. Even in serious rape cases with steep sentences on the line, an aggressive defense can make a huge difference. Call my office today and find out how I can put my experience and passion for justice to work protecting your rights and future. The call is free and confidential. You don’t have to navigate this alone.

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

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