Grading comes before sentencing
New York divides rape into degrees, and the legislature broadened the legal definition in recent years, so a news report about an older case may not reflect current law. The degree charged depends on the circumstances alleged, such as the use of force or the age of the other person. A charge at arrest is often changed by the grand jury or later in the case. Federal charges and charges in other states follow their own frameworks. Any figure found online describes a category of cases, not a person, and it can badly mislead when the degree is not yet settled.
Consequences beyond the custody term
In New York, a felony prison term in these cases is typically followed by a period of post-release supervision with conditions of its own. Registration under the state's sex offender law follows from the conviction itself, and a court sets a risk level at a separate hearing after a state board makes a recommendation; that level shapes what reporting looks like for years. Orders of protection can extend well beyond the sentence. For non-citizens, immigration consequences may be the most lasting part of all. These pieces are often what clients and families end up living with longest.
What we look at early
Sentencing exposure is a question we answer carefully and only after reading the charging papers, because the degree charged and any prior record both affect it. We look at whether the charge fits the facts the prosecution is likely to be able to prove, and at what the defense investigation still needs to cover. If the case is negotiated, the details of any plea, including the count and its registration consequences, can matter as much as the custody term. If it is tried, a jury may also consider lesser counts. You make the decisions; our role is to make sure you understand each one before you face it.
