Statutory Rape Attorney in Nassau County

Former Prosecutors Defending Age-Based Sex Charges in Nassau County

New York doesn’t use the term “statutory rape” in its statutes. These charges are prosecuted under New York Penal Law Article 130 as rape in the first, second, or third degree, depending on the ages involved. The specific degree determines whether you face a misdemeanor or a Class B violent felony. It also sets the applicable sentencing exposure before a SORA hearing ever takes place. At Lerner & Lerner, P.C., Richard and Kimberly Lerner bring a direct advantage to this defense: both served as prosecutors, and both know how the Nassau County District Attorney’s Office builds age-based sex offense cases from the ground up.

An investigation may be underway before any arrest is made. Early contact with a Nassau County statutory rape attorney can preserve options that disappear once charges are filed.

If you or someone you know is under investigation or has been charged with a sex offense in Nassau County, call Lerner & Lerner, P.C. now at (516) 586-0383. We’re available 24/7 and handle matters with discretion.

Article 130 Charges, Degrees, & Sentencing Exposure

The specific charge depends on the ages of the defendant and the alleged victim at the time of the conduct. New York Penal Law Article 130 creates distinct offenses with significantly different sentencing exposure.

Rape in the Third Degree — NY Penal Law §130.25 applies when the defendant is 21 or older and the other party is under 17. It is a Class E felony carrying up to 4 years in prison.

Rape in the Second Degree — NY Penal Law §130.30 applies when the defendant is 18 or older and the other party is under 15. This is a Class D violent felony that can carry a mandatory minimum of 3 years and a maximum of up to 7 years in prison, depending on the facts and circumstances.

Rape in the First Degree — NY Penal Law §130.35 covers sexual intercourse with a child under 11, or under 13 when the defendant is 18 or older. It is a Class B violent felony that can carry a mandatory minimum of 5 years and a maximum of up to 25 years in prison, depending on the facts and circumstances.

Sexual Misconduct — NY Penal Law §130.20 is a Class A misdemeanor that may apply in certain close-in-age situations, with a maximum of up to 1 year in jail. Every case turns on the specific facts, and sentencing exposure should be evaluated with counsel who understands how Nassau County courts handle these charges.

Strict Liability, Consent, & the Close-In-Age Defense

Two features of these charges catch defendants off guard. First, New York applies a strict liability standard to the alleged victim’s age. A defendant can’t argue they believed the minor was 17 or older, even if the minor misrepresented their age. Second, consent isn’t a defense. Because New York law treats anyone under 17 as legally incapable of consenting to sexual intercourse, apparent willingness doesn’t change the charge.

There is one narrow exception. Under NY Penal Law §130.30, an affirmative defense to rape in the second degree may exist when the defendant was less than four years older than the alleged victim at the time of the act. This defense applies to the age-based subdivisions of the statute and doesn’t extend to cases where incapacity to consent is based on mental disability or incapacitation. Where it applies, it may reduce exposure from a felony to a misdemeanor, depending on the facts. Whether this defense is available in a specific case requires careful review of the timeline and the ages involved.

What a Conviction Triggers: SORA Registration in New York

A qualifying conviction under Article 130 triggers mandatory registration under the Sex Offender Registration Act (SORA), administered by the New York Division of Criminal Justice Services (DCJS). SORA assigns a risk level at a post-conviction hearing based on a Risk Assessment Instrument that weighs the offense, criminal history, and other factors.

• Level 1 (low risk): Registration for a minimum of 20 years; not publicly searchable
• Level 2 (moderate risk): Lifetime registration; appears publicly on the DCJS website
• Level 3 (high risk): Lifetime registration; appears publicly on the DCJS website

The consequences extend well beyond the public listing: restrictions near schools and playgrounds, professional license consequences, and the impact on employment background checks. Failure to comply with registration requirements is a separate criminal offense. We handle SORA hearings as part of our sex crimes defense practice, advocating for a lower risk classification where supported by the facts and advising on any available relief.

How Our Prosecutorial Background Shapes the Defense

Richard and Kimberly Lerner both worked on the prosecution side before moving to defense. That experience means we understand how Nassau County builds age-based sex offense cases, how forensic evidence is gathered, and where those cases are most vulnerable to challenge. Our combined experience in Nassau County and Long Island courts spans more than 70 years. Both Richard and Kimberly Lerner hold the AV Preeminent rating from Martindale-Hubbell and are selected to Super Lawyers. Kimberly also serves as a legal correspondent on MSNBC, CNN, and Fox News.

How We Examine the Evidence

Statutory rape charges frequently involve digital communications, text messages, social media records, and witness statements. We examine how that evidence was obtained, whether law enforcement followed proper procedures, and whether the alleged victim’s age was correctly established in the record. In some circumstances, cases may be dismissed for insufficient evidence, constitutional violations such as an unlawful search, or a successful pretrial suppression motion.

Our defense covers every procedural stage, from pre-arrest investigation guidance through bail, arraignment, discovery, motion practice, plea negotiations, and trial. Because we know how prosecutors read a case file, we also know where negotiation opportunities may arise before a matter ever reaches the courtroom.

Contact a Nassau County Statutory Rape Attorney

A charge under New York Penal Law Article 130 carries consequences that begin the moment an investigation opens. The earlier you contact our firm, the more strategic options may be available. We’re reachable 24/7 and handle every consultation with confidentiality.

Call Lerner & Lerner, P.C. at (516) 586-0383 to speak with a Nassau County statutory rape attorney today.