Rape Defense Lawyer Brooklyn — What Are Your Legal Options?
A rape charge in Brooklyn is a Class B or Class A felony under New York Penal Law § 130, carrying severe penalties. Law Offices Of SRIS, P.C. provides immediate defense. Our rape defense lawyer Brooklyn team understands the intense pressure you face. We build a strong defense strategy from the start. Call us 24/7 for a consultation.
New York Rape Laws and Penalties
Last verified: April 2026 | Kings County Supreme Court | New York State Legislature
In New York, rape is defined under Article 130 of the Penal Law. Rape in the third degree (Penal Law § 130.25) is a Class E felony. Rape in the second degree (§ 130.30) is a Class D felony. Rape in the first degree (§ 130.35) is a Class B violent felony. The specific charge depends on factors like the age of the parties, use of force, and capacity to consent. A conviction carries mandatory prison time, sex offender registration, and lasting consequences.
Official Legal Resources
For the official text of New York’s rape statutes, visit the New York Penal Law (official NY Senate site). For court procedures in Brooklyn, refer to the Kings County Supreme Court website.
Brooklyn Court Process for Rape Charges
Felony rape charges in Brooklyn are handled by the Kings County Supreme Court, Criminal Term. The process begins with an arrest and arraignment. The case then proceeds to a grand jury for indictment. New York’s bail reform laws apply, but for violent felonies like first-degree rape, judges retain discretion to set bail or remand. The discovery process is extensive, and pre-trial motions are critical to challenge evidence.
- Arraignment & Bail Hearing: You will be formally charged. Your attorney will argue for release or reasonable bail.
- Grand Jury Indictment: The prosecution presents evidence to a grand jury to secure a formal indictment.
- Discovery & Pre-Trial Motions: Your defense team reviews all evidence and files motions to challenge its admissibility.
- Plea Negotiations or Trial: Your lawyer will negotiate with prosecutors for a reduction or dismissal. If no agreement is reached, the case proceeds to trial.
- Trial & Sentencing: A jury trial is held in Supreme Court. If convicted, sentencing follows with mandatory penalties.
Potential Penalties for a Rape Conviction in Brooklyn
In Kings County (Brooklyn), a rape conviction carries mandatory state prison, lengthy post-release supervision, and lifetime sex offender registration.
| Offense (NY Penal Law) | Classification | Prison Sentence | Fine | Post-Release Supervision | Other Consequences |
|---|---|---|---|---|---|
| Rape 1st Degree (§ 130.35) | Class B Violent Felony | 5 to 25 years | Up to $5,000 | 2.5 to 5 years | Mandatory SORA Registration (Level 2 or 3) |
| Rape 2nd Degree (§ 130.30) | Class D Violent Felony | 2 to 7 years | Up to $5,000 | 1.5 to 3 years | Mandatory SORA Registration |
| Rape 3rd Degree (§ 130.25) | Class E Felony | 1.3 to 4 years | Up to $5,000 | 1 to 2 years | Mandatory SORA Registration |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. We have a documented record of favorable outcomes in complex criminal matters. Our approach is direct and focused on the details of your case. We provide a strong defense from the initial investigation through trial.
Our Approach to Rape Charge Defense
We begin with an immediate investigation, often hiring independent experts to review forensic evidence, digital records, and witness statements. A key rape charge defense strategy lawyer Brooklyn will examine the validity of the accusation, the evidence collection process, and issues of consent or identification. We challenge the prosecution’s case at every stage, from grand jury proceedings to pre-trial hearings.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Brooklyn Rape Defense Lawyers
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only. 24/7 phone consultations.
Our New York location represents clients facing charges at Kings County (Brooklyn) Supreme Court. We serve clients throughout Brooklyn, including Downtown, Williamsburg, Park Slope, DUMBO, Brooklyn Heights, Bushwick, Crown Heights, Flatbush, Bay Ridge, Bed-Stuy, Bensonhurst, Coney Island, Brownsville, and Sunset Park. If you need a rape defense lawyer Brooklyn near you, call now.
Frequently Asked Questions
What should I do if I am arrested for rape in Brooklyn?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a rape defense lawyer Brooklyn from our firm as soon as possible to begin building your defense.
Can a rape charge be dropped in Brooklyn?
It depends. Charges can be dropped if the prosecution lacks evidence, if your rights were violated, or if the accuser recants. An experienced sexual assault defense lawyer Brooklyn can file motions to dismiss and negotiate with prosecutors to seek a dismissal before trial.
What is the difference between rape and sexual assault in New York?
New York law defines specific crimes like “Rape,” “Criminal Sexual Act,” and “Sexual Abuse.” “Rape” involves sexual intercourse without consent. “Sexual assault” is a broader term that can encompass these and other crimes. The exact charges and penalties depend on the specific acts alleged.
How long does a rape case take in Brooklyn?
A felony rape case in Kings County Supreme Court can take one to three years from arrest to resolution, depending on case complexity, evidence, and whether it goes to trial. The Speedy Trial Act (CPL § 30.30) sets timeframes for the prosecution to be ready for trial.
Related Pages: For other legal services, see our New York Criminal Defense hub, or learn about defense in neighboring areas like Manhattan or Queens. For related practice areas, see Brooklyn Family Law.
Page Last verified: April 2026. Laws change. Contact Law Offices Of SRIS, P.C. for current legal guidance.