Allegations of sexual abuse or Domestic Violence between spouses can lead to the arrest of either spouse on criminal charges, and placement of an Order of Protection with severe consequences going beyond the marriage. When such allegations are unfounded or being used to gain leverage in a divorce, the accused spouse must build a strong criminal defense. Below are some important things to know about the potential ramifications of such charges, as well as a few ways to defend against them.

Penalties

The penalties for any type of domestic violence are serious and can have lasting effects on careers or employment. They are particularly severe in cases of alleged rape. Rape in the First Degree is a Class B Violent Felony, punishable by up to 25 years in prison. It involves the use of force to have sexual intercourse. If convicted of Rape in the Second Degree, it is a Class D Violent Felony, punishable by up to seven years in prison. A Third Degree Rape charge is a Class E felony and can result in anything from probation to four years in prison.

First Degree Rape usually means the spouse was forcibly assaulted. Second and Third Degree Rape results from sexual intercourse in which there is a lack of consent for some other reason. Rape charges are rarely seen in marital situations. Domestic Violence charges are more common, usually involving some type of physical contact, physical injury, or threat.  

Defenses

To protect yourself against false allegations of sexual or any physical assault in marriage, work to minimize charges as soon as police arrive. Politely decline to speak with them until you've consulted a criminal defense attorney. Invoke your right to remain silent and your right to counsel. Don’t explain or say anything. Also, remain calm, give no statements whatsoever, and don't make accusations or insult your spouse. As soon as you can, contact a criminal defense lawyer. He or she will interview you and any witnesses, design an effective legal strategy, and give you advice to avoid common pitfalls.

When you need a criminal defense attorney in Monroe County, NY, trust Thomas A. Corletta, Attorney & Counselor at Law. He has nearly 40 years experience offering representation in criminal cases, including sex crime charges, domestic or otherwise. Attorney Corletta will craft a strategy providing you with the best possible outcome. Call (585) 546-5072 or visit his website to learn more and schedule a consultation.