Back to Top
Backed By Experience & Results  Put a Team of Legal Experts on Your Side 

Rape Attorneys in New York

Effectively Defending Clients against Serious Crimes

Under New York State law, a person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person by forcible compulsion. If a person is found guilty of rape in the first degree, he or she will be charged with a Class B felony.

Under 130.00(1) of the New York State Penal Law, sexual intercourse is defined as any penetration of the penis into the vaginal opening. The penetration may be of any type. Sexual intercourse does not require erection of the penis, emission, or orgasm. Under 130.05 of the New York State Penal Law, sexual intercourse takes place without a person’s consent when there is a lack of consent to the sexual intercourse as a result of forcible compulsion.

Forcible compulsion is defined as the intentional compulsion either by (1) the use of physical force; or (2) by a threat, express or implied, which places a person in fear of immediate death or physical injury to himself or herself or another person or in fear that he or she or another person will immediately be kidnapped.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant engaged in sexual intercourse with the complainant; (2) that the defendant did so without the complainant’s consent by the use of forcible compulsion.

If you have been charged with rape, contact Lebedin Kofman LLP today at (646) 663-4430. Our rape lawyers in New York can guide you every step of the way through the criminal proceedings.

Physical Helplessness 130.35(2)

Under New York State law, a person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person who is incapable of consent by reason of being physically helpless. If a person is found guilty of rape in the first degree, he or she will be charged with a Class B felony.

Under 130.00(1) of the New York State Penal Law, sexual intercourse is defined as any penetration of the penis into the vaginal opening. The penetration may be of any type. Sexual intercourse does not require erection of the penis, emission, or orgasm. Under 130.00(7) of the New York State Penal Law, a person is physically helpless when that person is unconscious or for any other reason physically unable to communicate unwillingness to an act. Sexual intercourse with a person who is physically helpless is always deemed to be without that person’s consent.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant engaged in sexual intercourse with the complainant; and (2) the complainant was incapable of consent by reason of being physically helpless.

Complainant Less Than 11 Years Old 130.35(3)

Under New York State law, a person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person who is less than 11 years old. If a person is found guilty of rape in the first degree, he or she will be charged with a Class B felony

Under 130.00(1) of the New York State Penal Law, sexual intercourse is defined as any penetration of the penis into the vaginal opening. The penetration may be of any type. Sexual intercourse does not require erection of the penis, emission, or orgasm. It is an element of this offense that the sexual intercourse was committed without the consent of the other person. Sexual intercourse takes place without another’s consent when that person is deemed incapable of consent by the law. A person is incapable of consenting to sexual intercourse when he or she is less than 11 years old. New York State Penal Law deems sexual intercourse with a person under 11 years of age to be without that person’s consent, even if in fact that person did consent.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant engaged in sexual intercourse with the complainant; and (2) the complainant was less than 11 years old.

Complainant Less Than 13/Defendant 18 or More 130.35(4)

Under New York State law, a person is guilty of rape in the first degree when he or she engages in sexual intercourse with another person who is less than 13 years old and the actor is 18 years old or more. If a person is found guilty of rape in the first degree, he or she will be charged with a Class B felony

Under 130.00(1) of the New York State Penal Law, sexual intercourse is defined as any penetration of the penis into the vaginal opening. The penetration may be of any type. Sexual intercourse does not require erection of the penis, emission, or orgasm. It is an element of this offense that the sexual intercourse was committed without the consent of the other person. Sexual intercourse takes place without another’s consent when that person is deemed incapable of consent by the law. A person is incapable of consenting to sexual intercourse when he or she is less than 13 years old. New York State Penal Law deems sexual intercourse with a person under 13 years of age to be without that person’s consent, even if in fact that person did consent.

It is not a defense to this charge that the actor did not know that the person with whom the actor had sexual intercourse was less than 13 years old or that the actor believed that such person was 13 years old or more on the date of the crime.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) That on the date alleged, the defendant engaged in sexual intercourse with the complainant; (2) the complainant was less than 13 years old; and (3) the defendant was 18 years old or more.

To schedule a free initial consultation with one of our rape lawyers in New York, call Lebedin Kofman LLP today at (646) 663-4430 or contact us online.

Our Clients Share Their Experiences

The Opinions That Matter Most
  • He was able to dismiss my case and save tons of money on future fines

    “Going in for my DMV chemical refusal case, I was very anxious having my license being revoked for a up to a year. The odds were stacked against me, having little hope of any positive certainty. Russ ...”

    - G
  • This law firm is extremely professional and knowledgeable.

    “This law firm is extremely professional and knowledgeable. I contacted the firm via email for advice on a case, Stephannie Miranda emailed me back promptly and placed me in touch with Arthur Lebedin. ...”

    - Jack
  • They worked, fought and won my case.

    “I must commend Lebedin and Koffman for their excellent and professional service. They worked, fought and won my case. Their service has no parallel. Excellent, professional and humane staff. Thank you ...”

    - Bernadette
  • He got the case completely dismissed.

    “I had the pleasure of using Lebedin Kofman LLP, I was greatly satisfied, my son had a very difficult case, assault on NYC police officer, and he got the case completely dismissed. They also work with ...”

    - Gwendolyn
  • Highly recommend this lawyer.

    “Highly recommend this lawyer. I had my criminal case, they did the best results out of worse case.”

    - Gogo
/

Our Commitment

Fighting For Your Best Interest
  • We Have a Highly Experienced Legal Team
  • When You Hire Us, You Get Us
  • We Speak Korean, Mandarin, Portuguese, Russian & Spanish
  • We Offer Free Consultations In Person & Over The Phone
  • We Have a Proven Track Record
  • We Are Available 24/7

The Attorney You Hire 

Could Be Your Most Important Decision
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.