Rape Defense Attorney in Westchester County

Facing A Rape Charge Can Change Everything—Call (914) 840-5104 For a Free Consultation

Being accused of rape in Westchester County can turn your life upside down in an instant. You may be worried about prison, sex offender registration, and what your family, employer, and community will think. In this situation, you need a steady, experienced legal team that understands how these cases are handled in local courts.

At Proto, Sachs & Brown, LLP, we represent people who are under investigation for rape or already charged in Westchester County Court in White Plains or in local city and town courts. We know that many clients have never been in trouble before and feel that no one is listening to their side. Our attorneys take the time to understand what happened, explain the process, and begin protecting your rights as soon as we are retained.

Our firm brings over 100 years of combined criminal defense experience to every case, and our team includes former prosecutors who have handled serious felonies. 

We offer a confidential, free initial consultation so you can talk with us, ask questions, and begin to understand your options before making any decisions. Call (914) 840-5104 or reach out online now.

Understanding Rape Laws in New York

New York Penal Law categorizes rape into three distinct degrees based on the age of the parties involved, the presence of force, and the victim's capacity to consent. It is important to note that recent "Rape is Rape" legislation in 2024 has expanded the definition of these crimes to include various forms of sexual contact beyond traditional intercourse.

• Rape in the Third Degree (PL 130.25): This is a Class E felony. It can be charged if sexual contact occurs without consent, or if the defendant is 21 or older and the other person is under 17. In many cases, this is a "strict liability" crime, meaning the defendant's knowledge of the other person's age is legally irrelevant.
• Rape in the Second Degree (PL 130.30): A Class D felony, this charge typically involves a significant age gap (an adult over 18 with a minor under 15) or situations where the other person is deemed mentally disabled or mentally incapacitated.
• Rape in the First Degree (PL 130.35): This is a Class B violent felony and the most severe classification. It involves "forcible compulsion"—the use of physical force or a threat of immediate death or injury—or incidents where the victim is physically helpless or under the age of 13.

As a Westchester County rape defense lawyer, we frequently encounter cases where the prosecution attempts to escalate charges based on a narrow interpretation of "incapacity" or "forcible compulsion." Our deep understanding of Article 130 of the New York Penal Law allows us to challenge these classifications effectively from the outset.

Penalties and Collateral Consequences of Rape Convictions in Westchester County

The penalties for a rape conviction in New York are punitive and permanent. Because many of these offenses are classified as "violent felonies," the sentencing guidelines are rigid.

• Incarceration: Sentences can range from a few years for a Class E felony to up to 25 years in state prison for a Class B violent felony. In some instances involving predatory conduct, life imprisonment is a possibility.
• Sex Offender Registration (SORA): A conviction requires mandatory registration under the Sex Offender Registration Act.
  • Level 1 (Low Risk): Registration for 20 years.
  • Level 2 (Moderate Risk): Registration for life, with a public listing on the state registry.
  • Level 3 (High Risk): Lifetime registration with the most stringent reporting requirements and public notification.
• Post-Release Supervision: Even after leaving prison, individuals are often subject to years of strict supervision that can limit where they live and work.
• Loss of Rights: A felony conviction results in the permanent loss of the right to possess a firearm and can trigger the loss of professional licenses in fields such as healthcare, education, and law.

What Happens After A Rape Allegation in Westchester County

Understanding the process can reduce some of the fear you may be feeling. Rape cases in this area may begin with a complaint to law enforcement, a report to a hospital, or a statement made during another investigation. Sometimes the first sign of trouble is a call from a detective asking you to come in and talk. Other times, it is an unexpected arrest.

If you are arrested in this county, you are typically brought to a local police department or precinct for processing. After that, you are generally taken to court for arraignment. For felony level rape charges, arraignments often occur in local city or town courts first, then the case may be presented to a grand jury for indictment and transferred to Westchester County Court in White Plains.

At arraignment, the judge will address several issues, including the formal charges, your right to counsel, and bail or release conditions. In rape cases, the court commonly considers orders of protection that may restrict your contact with the complaining witness or certain locations. These conditions can affect where you live and whom you can see, so having a lawyer present is very important.

Law enforcement and prosecutors will often want to speak with you about what happened. You have a constitutional right to remain silent and to have a lawyer by your side during any questioning. Every case follows its own path, but the general stages after arraignment may include further investigation, grand jury proceedings, pretrial motions, plea discussions, and possibly trial.

Here are practical steps you can take to protect yourself:

• Do not discuss the details of the case with police, the complaining witness, or anyone else without speaking to a lawyer first. You can confirm basic identifying information with law enforcement, but you do not have to answer questions about what happened.
• Preserve potential evidence, such as text messages, emails, social media posts, call logs, and photographs. Do not delete or alter anything, even if it seems unhelpful. Your attorney can decide what is important.
• Write down your recollection of events as soon as you can, including times, places, and names of people who were present. Keep this document private and share it only with your attorney.
• Avoid posting about the situation online. Public statements on social media can be taken out of context and used against you.
• Contact a rape defense attorney in Westchester County as soon as possible so legal protections and strategy can begin right away.

Why Choose Our Firm For Rape Defense

Rape and other felony sex offense allegations are among the most serious charges under New York law. The decisions you make right now, including which lawyer you choose, can affect the rest of your life. You need more than a general criminal defense firm. You need a team that understands how prosecutors build these cases in Westchester County and how to challenge them.

At Proto, Sachs & Brown, LLP, criminal defense is a central focus of our practice, and we regularly represent clients facing high-stakes charges. Our attorneys have more than a century of combined courtroom experience. Several members of our team served as prosecutors before focusing on defense, which means we understand how cases are investigated, charged, and evaluated for trial or plea in the local system.

Our firm has been recognized by Super Lawyers and honored with Avvo Clients’ Choice Awards in both criminal defense and family law. These recognitions reflect the respect of peers and the trust of former clients who have relied on us during extremely difficult times. Our attorneys are also national best-selling authors in criminal and DWI defense, which speaks to the depth of our legal analysis and writing in complex cases.

How We Defend Rape Cases in Westchester County

Talk To Our Rape Attorneys in Westchester County Today

Rape charges place your freedom, reputation, and future at risk. You do not have to face this alone. The sooner you speak with an experienced rape attorney in Westchester County, the sooner you can begin to understand your options and take steps to protect yourself in Westchester County Court and other local courts.

At Proto, Sachs & Brown, LLP, our attorneys bring over 100 years of combined experience, former prosecutor insight, and recognized criminal defense knowledge to every case. Call (914) 840-5104 or reach out online to schedule a free consultation.