Last Updated on: 15th October 2023, 07:31 am

Westchester Rape Lawyer – What You Need to Know

Being accused of rape is scary. Like, really scary. Your whole life could get turned upside down. One minute you’re just living your life, the next minute the cops show up at your door saying you raped someone. Not cool. But take a deep breath – having a good lawyer on your side can make all the difference.

So you got accused of rape in Westchester County, NY. That sucks. But don’t panic! There are some really great lawyers out there who can help you. Let’s break it down:

What exactly is rape under New York law?

The legal definition of rape in New York is when one person has sex with another person without their consent. It can be through force, threat of force, or when someone is too drunk or high to consent. Rape is a very serious felony charge that can land you in prison for years if convicted.

What are some common rape defenses?

• False accusation – The alleged victim is straight up lying about the rape for whatever reason
• Mistaken identity – They accuse you but it was actually someone else who did it
• Consent – You both agreed to have sex, they didn’t say no or resist
• Intoxication – They were drunk and came onto you, but legally couldn’t consent

A solid rape defense lawyer will investigate the case and figure out the best defense strategy for you. Don’t just take their word for it – they should explain why they think that defense will work.

What kind of evidence do prosecutors use?

Some common evidence in rape trials includes:

• Victim testimony – Their side of the story about what happened.
• Witness testimony – Other people who might have seen you together.
• Physical evidence – Rape kit DNA evidence, videos, texts between you and the victim, etc.
• Medical records – Documenting any injuries the victim had.

Your lawyer will look at all the evidence closely to figure out the best way to fight it. The stronger your defense, the better.

What are possible penalties if convicted?

Rape is a Class B felony in New York. That means if convicted, you’re looking at:

• 5 to 25 years in prison.
• Up to $5,000 in fines.
• Sex offender registration for at least 20 years, maybe life.

And that’s just for one count – you could face multiple rape charges that add up to a ton of prison time. Having an aggressive lawyer fight the charges is so important.

How can a good lawyer defend me?

An experienced Westchester rape lawyer has a bunch of tools in their toolbox to build the strongest defense for you:

• File motions to get damaging evidence thrown out if it was obtained illegally.
• Hire expert witnesses to poke holes in the prosecutor’s evidence.
• Dig into the background of the alleged victim to find credibility issues.
• Cross-examine all witnesses to expose inconsistencies in their stories.
• Present your side of the story and your evidence that it was consensual.

Building reasonable doubt about your guilt is the name of the game. You want to make the jury think twice about convicting you.

What if I’m found guilty?

If you end up being found guilty at trial, your lawyer can file an appeal to try and get the conviction overturned. They’ll look for legal errors the judge or prosecutor made that hurt your right to a fair trial.

Appeals are complicated, so having an experienced appeals lawyer is really important. But many rape convictions do get overturned on appeal when the right lawyer spots the legal issues.

How much does a good rape lawyer cost?

Hiring a top rape defense lawyer in Westchester County can cost anywhere from $5,000 to $100,000+ depending on how complex your case is. Public defenders are free but they juggle a ton of cases.

It’s worth investing in the best lawyer you can afford. Your life is on the line so you want someone working night and day to beat these charges.

How can I find the best lawyer for my case?

Finding the right rape defense lawyer takes some research, but here are some tips:

• Search online for “Westchester rape attorney” or “Westchester sexual assault lawyer.”
• Check out lawyer reviews and ratings on sites like Avvo.
• Ask any lawyer friends if they have referrals.
• Contact your state bar association for recommendations.
• Meet with a few lawyers before choosing one.

Go with someone experienced in rape cases, not a general practice lawyer. This specialty area requires unique skills and knowledge.

What questions should I ask potential lawyers?

Here are some smart questions to ask when interviewing Westchester rape lawyers:

• How many rape cases have you defended in Westchester County?
• What are the strengths and weaknesses of my case?
• What defense strategy do you recommend and why?
• Will you be the lead attorney handling my case?
• How often will you communicate with me about my case?
• What are your thoughts on taking my case to trial versus a plea deal?

Go with the lawyer who gives you confidence they will fight their hardest to beat these charges.

The bottom line

Being accused of rape feels devastating but it’s not over yet. Having the right Westchester rape lawyer in your corner can make all the difference. Do your research to find the best attorney. Be ready for a tough fight. Stay strong and keep the faith!