Rape Criminal Defense

Charged with Rape?

A rape charge is one of the most serious criminal accusations a person can face, carrying severe penalties including lengthy prison sentences and lifelong consequences. If you’ve been charged with rape, you need experienced legal representation immediately. The Law Office of Andrew DeLuca has defended clients against serious sex offense charges.

Our law firm serves clients across Upstate New York, including Albany, Amsterdam, Johnstown, Latham, Queensbury, Saratoga Springs, Schenectady, Troy, and the surrounding area.

Facing rape charges? Contact The Law Office of Andrew DeLuca today for a free consultation. When you call, you’ll be connected directly to Mr. DeLuca himself, not a receptionist, secretary, or junior associate.

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Understanding Rape Charges in New York

In New York State, rape charges are divided into three degrees, each carrying different penalties based on the specific circumstances of the alleged offense.

Degrees of Rape in New York

Rape in the Third Degree (Penal Law § 130.25)

  • Class E felony
  • Sexual intercourse with another person:
    • Who is incapable of consent due to age:
    • Without their consent
    • When the actor is 21 years or older and the victim is less than 17
  • Up to 4 years in prison

Rape in the Second Degree (Penal Law § 130.30)

  • Class D felony
  • Sexual intercourse with another person:
    • Who is less than 15 years old
    • Who is incapable of consent due to mental disability or incapacitation
  • Up to 7 years in prison

Rape in the First Degree (Penal Law § 130.35)

  • Class B felony
  • Forcible sexual intercourse or sexual intercourse with:
    • A person who is incapable of consent due to physical helplessness
    • A person less than 11 years old
    • A person less than 13 years old when the actor is 18 or older
  • Up to 25 years in prison
Additional Consequences:
  • Mandatory sex offender registration
  • Post-release supervision
  • Protective orders
  • Permanent criminal record
  • Restrictions on employment and housing
  • Impact on child custody rights
  • Immigration consequences

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When you call you be connected directly to Mr. DeLuca, not a receptionist or junior associate.

Why Choose The Law Office of Andrew DeLuca?

Attorney Andrew DeLuca brings extensive experience in defending clients against serious sex offense charges. Our firm is committed to providing:

Aggressive Defense Strategies: We investigate every aspect of your case to build the strongest possible defense.
Personalized Attention: As a solo practitioner, Mr. DeLuca personally handles every detail of your case, ensuring you receive dedicated, one-on-one attention throughout the legal process.
Trial Experience – Unlike many attorneys, Mr. DeLuca has wide ranging experience in taking cases to trial and successfully defending clients. This brings two key advantages. Prosecutors know that attorney Andrew DeLuca will go to trial if necessary, which gives Mr. DeLuca an edge while negotiating a plea bargain. When a fair and equitable is not offered by the court, you can count on an experienced trial lawyer to have your back.
Confidential Consultations: We offer private consultations to discuss your case and explore your options.


Contact an Experienced Rape Defense Attorney

If you’ve been charged with rape in New York, it’s crucial to seek experienced legal representation immediately. Let us start building your defense today and fight to protect your rights and your future.

The Law Office of Andrew DeLuca accepts clients from Albany CountyFulton CountyMontgomery County, Rensselaer CountySchenectady CountySaratoga CountyWarren CountyWashington County, and the surrounding Upstate New York area.

Call The Law Office of Andrew DeLuca at 518-245-9109 to schedule your free consultation.

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I was really in a bad and scary place in my life, facing a drug charge and looking at 8 years, and facing 16 years if I lost at trial. I remember Mr. DeLuca saying to me that if we went to trial, he would fight for me with all he had at that point. If I took the 8 years, I would lose everything I had—like my wife and my children, my job, my house. Everything I had was on the line. I was really scared, but there was something in the way Mr. DeLuca said he would represent me that made me feel safe and confident in his skill as an attorney. Safe to say, we did go to trial, and I was found not guilty on all charges. His cross-examination of the witnesses and bringing aspects to life that the jury could see was the truth. Whether it was the accuser or the police on the stand, he made every truth and untruth come to life—nothing less than a real-life Perry Mason. That was in 2013. Honestly, if it were not for Mr. DeLuca, I would still be incarcerated at this very time that I am writing this review. I have since asked Mr. DeLuca to represent other family members and friends with the same stellar result as the first time. He helped give me back my life. Thanks, you’re my brother from another mother.
– Josh R.
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