Manhattan Rape Attorneys Russ Kofman and Arthur Lebedin Explain the Possible Penalties for Rape in New York

May 06, 2022 - /PressAdvantage/ - Manhattan rape attorneys Russ Kofman and Arthur Lebedin release a new article (https://www.lebedinkofman.com/practice-areas/criminal-defense/sex-crimes/rape/) explaining the possible penalties for rape in New York. The lawyers say that in New York if a person forces someone to engage in sexual intercouse, they may be found guilty of rape. Rape in the first degree is considered 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 an 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,” the article from the Manhattan rape attorneys says.

Attorney Russ Kofman explains that forcible compulsion refers to the use of physical force or the use of threats that places another person in fear of immediate death or physical injury. The prosecution must be able to prove beyond reasonable doubt that the defendant engaged in sexual intercourse and that the intercourse happened without the complainant’s consent by the use of forcible compulsion.

Defense attorney Arthur Lebedin adds that if a person engages in sexual intercourse with a person incapable of consent by reason of being physically helpless will be charged with rape in the first degree. The prosecution must be able to prove that the complainant was physically helpless when the sexual intercourse with the defendant happened.

In the article, the lawyers also explain that a person who engages in sexual intercourse with a person less than 11 years old is guilty of rape in the first degree. Similarly, if the defendant is more than 18 years old and they engage in sexual intercourse with a person less than 13 years old, they will also face charges of rape in the first degree.

“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,” attorney Kofman says.

Lastly, attorney Kofman emphasizes the importance of having a skilled lawyer when facing rape charges. An experienced lawyer may be able to help the defendant understand their rights and protect their freedom.

About Lebedin Kofman LLP

Russ Kofman and Arthur Lebedin are seasoned, aggressive litigators handling cases in both the state and federal courts. Together, they manage the Lebedin Kofman Law firm. They handle civil rights cases as well as family law, high-net-worth divorce, and highly contested custody cases. Attorney Kofman and attorney Lebedin believe in their clients and work hard to fight for their rights and help them receive the best possible outcome for each of their cases. Call today to speak with an experienced attorney: (646) 663-4430.

Lebedin Kofman LLP

26 Broadway 3rd floor, New York, NY 10004, United States

(646) 663-4430

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Lebedin Kofman LLP
Arthur Lebedin
(646) 663-4430
26 Broadway 3rd floor, New York, NY 10004, United States

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