Rape Defense Lawyer in Brooklyn

Former Brooklyn Prosecutors Now Defending Rape Charges in Kings County

A rape charge in Brooklyn is among the most serious felonies in the New York Penal Code. Beyond prison time, a conviction triggers mandatory sex offender registration under New York’s Sex Offender Registration Act, with consequences that follow a person for years or decades. Lawrence Mottola and Adam Uris spent their careers as Brooklyn prosecutors building these exact cases. Now they defend against them, bringing more than 30 years of combined criminal trial experience to clients who need that inside perspective most.

Cases in Kings County Supreme Court move quickly after an arrest. Early involvement by a rape defense attorney in Brooklyn can affect what happens before a grand jury ever convenes.

If you or someone you know is facing a rape charge, don’t wait. Contact Mottola Uris Law, PLLC at (718) 550-3318 for a free consultation, available 24/7.

New York Rape Law: First, Second, & Third Degree

New York Penal Law Article 130 defines three distinct degrees of rape, each carrying its own elements, felony classification, and sentencing exposure. The degree charged depends on the alleged circumstances, not prosecutorial discretion alone.

Rape in the First Degree (PEN 130.35)

A Class B felony, first-degree rape covers sexual contact accomplished by forcible compulsion, sexual contact with a physically helpless victim, contact with a victim under 11 years old, or contact with a victim under 13 where the actor is 18 or older. The statute applies to vaginal, oral, and anal sexual contact. First-degree rape is classified as a violent felony under New York law.

Rape in the Second Degree (PEN 130.30)

A Class D felony, second-degree rape applies when an actor 18 or older has sexual contact with a victim under 15, or when the victim is mentally disabled or mentally incapacitated as those terms are defined under PEN 130.00. New York law includes an affirmative defense for the age-based subdivisions: if the actor was fewer than four years older than the victim, that defense may apply depending on the facts.

Rape in the Third Degree (PEN 130.25)

A Class E felony, third-degree rape covers non-forcible scenarios involving a victim incapable of consent for reasons other than being under 17, contact between an actor 21 or older and a victim under 17, or other non-consent circumstances defined under PEN 130.05. All three degrees require the prosecution to prove every element beyond a reasonable doubt.

Penalties & Consequences That Follow a Conviction

First-degree rape, as a Class B violent felony, carries a mandatory determinate sentence with a minimum of five years and a maximum of 25 years in state prison. Second-degree and third-degree rape carry shorter ranges but still produce felony records and mandatory registration under the Sex Offender Registration Act. When aggravating circumstances are present, such as serious physical injury to the complainant or use of a dangerous instrument, the charge can escalate to predatory sexual assault under PEN 130.95, a Class A-II felony with significantly higher sentencing exposure.

Under New York’s Sex Offender Registration Act, a rape conviction requires the court to assign a risk level: Level 1, Level 2, or Level 3. That tier determines how long registration lasts and what community notification obligations apply. Beyond registration, a felony conviction can affect housing eligibility, employment, professional licenses, immigration status, and firearm rights.

Defense Strategies for Rape Charges in Brooklyn

Because Lawrence Mottola and Adam Uris prosecuted rape cases in the same courts where they now defend clients, they know how the Kings County District Attorney’s Office Special Victims Bureau constructs its cases and where those cases can be challenged. As rape defense lawyers in Brooklyn, we examine every layer of the prosecution’s evidence.

Consent & Lack of Consent
When the prosecution can’t establish lack of consent as defined under PEN 130.05, consent becomes a viable defense. We examine whether the prosecution can prove forcible compulsion or that the complainant was truly incapable of consent under the statutory definitions.

Complainant Credibility
False accusation defenses require a careful review of prior communications, inconsistencies between the complainant’s statements to law enforcement and grand jury testimony, and any motive to fabricate.

DNA & Forensic Evidence
Physical evidence can be contested through chain-of-custody challenges, scrutiny of laboratory protocols, and expert testimony disputing how results were interpreted. The presence of DNA isn’t the same as proof of the crime charged.

New York’s Rape Shield Law
CPL 60.42 limits the admissibility of the complainant’s sexual history, but it doesn’t bar all third-party evidence. Understanding where that line falls is essential to building a complete defense record.

Suppression Motions
Evidence gathered through unlawful searches or seizures and statements taken without proper Miranda warnings can be challenged through Fourth Amendment suppression motions before trial.

Pre-Indictment Intervention
We handle pre-indictment representation as well. Before a grand jury votes to indict, there may be an opportunity to present evidence or challenge the sufficiency of what the prosecution has assembled, and that window closes fast.

Why Brooklyn Defendants Choose Mottola Uris Law, PLLC

The Kings County District Attorney’s Office prosecutes rape charges aggressively through its Special Victims Bureau. Our founding attorneys worked inside that system. They know its methods, its priorities, and its pressure points, and that background shapes how we approach every rape defense case we take in Brooklyn and across New York City.

We’ve been named one of the 10 Best Attorneys for Client Satisfaction three consecutive years by the American Institute of Criminal Law Attorneys. Clients work directly with Lawrence Mottola or Adam Uris from the first call through resolution. No handoffs to paralegals or junior associates. We handle state and federal sex crime cases across all five boroughs and Long Island, and we offer flexible payment plans to make experienced representation accessible when it matters most.

Facing a Rape Charge? Call Before Your Next Court Date

Court timelines in Kings County move fast after an arrest. The sooner a rape defense attorney in Brooklyn is involved, the more options may remain available before indictment. Consultations are free, we’re available around the clock, and we won’t pressure you. Call Mottola Uris Law, PLLC now at (718) 550-3318 to speak directly with one of our attorneys.