Legal Question in Criminal Law in New York
What is a Class D Felony Rape Charge
Hi I have a family member who is now in jail for statutory rape. He was just arrested yesterday 9/12/07. What I am wondering is the judge said he was being charged with a Class D Felony Charge of Statutory Rape but no one was able to explain this to us nor do we understand why the bail is $10,000 plus 10% and some type of property colatteral. His public defender didnt even bother to go see him and talk to him to find out his side of the story or anything like that even though they are in the same building. Can someone please explain to me why the bail is so high and what a class d felony charge is...Thank you very much for any helpful information
2 Answers from Attorneys
Re: What is a Class D Felony Rape Charge
Class D "Statutory Rape" would seem to indicate that your family member is charged with Rape in the Second degree under New York Penal Law, Section 130.30, subsection 1. In that "A person is guilty of rape in the second degree when, being eighteen years old or more, (he) engages in sexual intercourse with another person less than fifteen years old."
Class D felonies are punishable by up to 7 years in jail/prison.
Bail is supposed to be to insure the defendant's return to Court but often is set as a punitive measure if a certain crime offends moral sensibilities (not supposed to but it does)
Any other questions, feel free to call 5169389154
Re: What is a Class D Felony Rape Charge
This charge is usually called statutory rape. It means that the child involved was too young to consent to the sex she consented to having...
In other words 15 will get you up to 25 years depending on the age difference.
The reason for the high bail can be because of prior assaultive behavior, bench warrant history, and others real or imagined problems.
Further a class D felony caps the prison time at 7 yrs.
If you would like to discuss this further, please contact me by following the links below.
Good Luck.
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