Law enforcement is becoming more zealous when prosecuting charges of sexual crimes, which could make it difficult for a person charged with one of these acts to receive a fair and unbiased trial.
If you have been charged with rape, your first step should be to contact a skilled sex crimes attorney who may be able to help you build a defense and protect your rights. Working with an Islip rape lawyer could increase your chances of achieving a favorable result and protecting both your freedom and reputation.
Defining Rape Charges: Sexual Assault Vs. Rape
Many people use the term sexual assault as a stand-in for rape, but the two are distinct in the legal world. Sexual assault refers to general unwanted sexual contact and is a blanket charge for most sexual crimes that involve physical touching, including rape.
However, rape is specifically defined in New York State as forced sexual intercourse without consent. This term is distinct from other kinds of sexual crimes, such as molestation or soliciting a prostitute.
Statutory Rape
Statutory rape is a charge that is brought against someone allegedly accused of having sexual intercourse with an individual who is below the age of consent. Having a sexual relationship with anyone under the age of consent is a crime, and a person could be convicted of statutory rape even if the alleged victim did not object to the activity or actively encouraged it.
An Islip rape attorney could help build a defense to deliver the most favorable outcome in a variety of circumstances. Potential defenses that a criminal defense lawyer could use include proving there was consent, establishing a mistaken identity, or showing that the alleged victim misrepresented their age.
Possible Penalties for Rape Charges
The least severe rape charge is rape in the third degree, which is still considered a felony. If a person is convicted of rape in the third degree, they will face a maximum of four years in prison as well as mandatory registration as a sex offender for at least 20 years.
Alternatively, the highest charge is rape in the first degree, which can carry a prison sentence of five to 25 years as well as mandatory sex offender registration from 20 years up to the rest of the convicted person’s life. Depending upon your predicate status, the minimum period of incarceration can be even longer.
Having a criminal history and registration as a sex offender could greatly hinder a person’s ability to find employment or suitable housing, and an Islip rape attorney could advocate for a more favorable outcome. Our team works hard for our clients at the negotiation table to try and work out the best possible resolution, and when that doesn’t work, we fight hard at trial to ensure our clients’ rights are protected, and that they get the representation they deserve when their freedom is on the line.
Let an Islip Rape Attorney Assist You
An Islip rape lawyer will have the experience required to understand the legal system as well as recognize the best possible defense for your situation. Additionally, Attorney Mike Schillinger could work to get the court to suppress evidence if your rights were violated in the process of obtaining it. Contact our firm today for a free consultation.
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