Ecstasy, Gamma-Hydroxybutyrate, and Valium are some of the date rape drugs in New York State. They can cause unconsciousness, sexual excitement, fatigue, or drunkenness. It is believed that one cannot consent to sexual activity in such a state, and if it happens, it might be a grave criminal offense.

While it might not come with life-imprisonment consequences, its penalties can be life-changing. Depending on the circumstances, you might deal with its repercussions for the next couple of decades or the rest of your life. A Long Island criminal justice attorney can explain the high stakes and help find viable solutions.

Is Date Rape a Felony or Misdemeanor in Long Island?

Date rape is considered too serious to be a misdemeanor in New York. Instead, it is charged as a Class B felony. It might also be referred to as rape in the first degree. The judge might uphold these charges if it is established that sexual intercourse happened:

  • To someone 13 years or less by someone 18 years or older
  • To someone younger than 11 years
  • To someone physically helpless and incapable of consenting
  • Forcibly

If the prosecution brings forth evidence showing that you meet all the elements of a date rape crime, you could face all the penalties stipulated in the New York Penal Law. A seasoned Long Island date rape defense attorney can help you explore legal options to give you the best possible outcome.

Must I Register in the Sex Offender Registry if Convicted?

If you don’t take proactive steps to defend yourself against date rape accusations, you could be required to register as a sex offender. Being on the sex offender registry might negatively impact your life in New York. For instance, you might struggle:

  • Qualifying to receive financial aid
  • Finding an apartment to rent
  • Finding a job

Unfortunately, you cannot delete such records until 20 years have elapsed, or the consequences might stick with you for life. A seasoned attorney can help you avoid a conviction and ensure that your current quality of life is not affected by a sex offender’s record.

How Much Prison Time is Attached to Date Rape in Long Island?

Being a serious offense, date rape comes with extended periods of imprisonment. Convicts might have to stay in confinement for up to 25 years or a minimum of two years. The sentence could be the maximum possible or shorter depending on the circumstances.

Mitigating factors might shorten a convict’s prison time in New York State. But you’ll need a Long Island date rape defense attorney to convince the judge that you deserve the least possible sentence. You might regain your freedom faster and go back to leading a normal life if the sentence is significantly shortened.

What Fines Does One Pay if Convicted of Date Rape?

If you are found guilty of a date rape offense in Long Island, you might receive more than an imprisonment sentence. Hefty fines are often inevitable and can be as high as $25,000. And if you don’t have the money in your bank accounts, the court might decide to tie the lien on your properties.

Alternatively, the court might garnish your wages after finishing your prison sentence, to recover the fines. It would be wise to strive to get the least possible penalties by convincing the judge that it is just to award you the least possible amount based on the circumstances. It might not be easy to do this, but an experienced date rape defense lawyer in New York can help.

What Happens if I’m Placed on Probation?

Sometimes, probation might be part of the sentence in Long Island. During this period, you could be free, but subject to certain conditions. You might have to:

  • Report to a probation officer frequently
  • Avoid leaving the state without consulting the probation officer
  • Be of good behavior
  • Submit to random search and seizures

Probation in such instances can run for up to 10 years. And the penalties for violating the terms of probation in New York can be extremely harsh. So, make sure that you understand all that’s required of you and follow it to the latter. To be safe, consider asking a Long Island attorney to interpret the complex ‘legalese’ terms for you.

What Defenses Can I Use to Escape Date Rape Penalties?

There are several defenses used in a date rape hearing. However, not all would be applicable in your circumstances. An evaluation of the facts of your case could guide your attorney on the most appropriate approach to use in your defense. You could argue that:

  • You misinterpreted a flirtatious behavior as consent
  • You had no criminal intent
  • Chemical tests show no date rape drug in the alleged victim’s system
  • The accusations are exaggerated and false

Remember that it usually is easier to prepare strategic defenses when you consult with an attorney earlier in the case.

How Can Attorneys Help?

A qualified criminal defense lawyer will not rely on the police’s investigation of the alleged date rape. Instead, a Long Island date rape defense attorney does their own investigation into the incident. Findings on what might have really occurred can be an eye-opener and form the basis for defense. It can also highlight weaknesses in the prosecution’s case and produce avenues to challenge it.

It would be unfair to end up in jail or pay hefty fines because of untrue allegations or misidentifications. Accused persons should not risk fighting such legal battles on their own because they can be complex and cost your freedom and your hard-earned resources. Consider retaining a legal expert as soon as you find out you are being investigated for date rape in Long Island, NY.

Attorney Defending You Against Criminal Accusations

Police officers tend to pay attention to the alleged victims more than they might listen to you. Thus, you might not be treated fairly even when the other party makes false allegations.

The only person you can bank on is your personal legal representative. Speak to our lawyers today to safeguard your rights and achieve the best possible outcomes in your defense.