How long will I be sentenced if convicted of rape and sodomy criminal charges? 3 Answers as of February 18, 2011

I was arrested for rape and sodomy in the 3rd degree I believe. It is a first offense. Bail was set at $100,000. How much time can I get if proven guilty?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
First of all, you have not given me enough information to accurately advise you. I assume that you have an attorney assigned to your case and he should be able to answer your question as to possible sentences. Normally Rape and Sodomy in the Third Degree are E Felonies that carry no minimum mandatory jail sentence and a maximum of 1 1/2 to 4 years in prison on a first non-violent offense. It depends on the age of your victim, your age, and the circumstances. If it was a minor it could be more serious, and if you used force it will be taken into consideration at sentencing.It troubles me that you are charged with such serious offenses and yet you are not sure what the charges are or what the punishment could be. Your attorney should have made all of this very clear to you. I would consult with him so that you can make an informed decision as to how to proceed with your case.
Answer Applies to: New York
Replied: 2/18/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Hello, It depends upon so many variables its impossible to give you a firm answer. Rape and Sodomy are "B" Violent Felonies that carry with them specific sentences which depend upon the Judge andthe DA's recommendation. It also often depends upon what County the case is in and how strongly the victim wants vengence and a strong sentence. It will also depend upon your prior criminal record, whether you've shown remorse or not and whether the victim appears in court to make a victim's impact statement at the time of your sentencing. In large part the court will rely upon the Probation Presentencing Report and if your own counsel submits a Pre-Sentencing Report of your own to the Court.

I suggest you discuss this with your own lawyer right away and see whether you are satisfied with all preparations available to you.And, by the way, if you are convicted of either or both of those charges, you will be required to register as a sex offender after that.
Answer Applies to: New York
Replied: 2/16/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
First this response is general information only and does not establish an attorney client relationship. The sentence can vary depending on exactly which charge or charges you are convicted of and whether the sentences run consecutively or concurrently.You should hire a good criminal defense attorney experienced in rape cases as this is a serious charge.
Answer Applies to: New York
Replied: 2/16/2011
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