Legal Question in Criminal Law in New York

rape charges

how can someone be charged with 1count of 1st degree rape and 1 count of 3rd degree rape on one day, then it goes in front of a grandjury and they indicte him 2 counts of 1st degree rape and 2 counts of 3rd degree rape on his girlfriend?


Asked on 12/16/08, 5:38 pm

2 Answers from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: rape charges

Generally, they base their charges on incidents... Meaning if there are two diffrent charges fir rape 1 then they are claiming sex occured twice that same date... Otherwise one charge must be dismissed.

In cases such as these it is extremely important to have a good defense, if you would like to further discuss these cases contact us at 212.709.8303

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Answered on 12/16/08, 5:46 pm
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: rape charges

The Grand Jury is not bound by what the initial charges. They do their own investigation and arrive at their own conclusions.

If you would like to discuss this matter further - please feel free to contact me.

I have over 35 years of experience in these matters.

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Answered on 12/29/08, 4:22 pm


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