Bronx Sexual Battery Lawyer
Sex crimes are among the most serious and sensationalized criminal accusations in New York. Whenever these alleged crimes involve some sort of violence or even unwanted touching of another person, they are known as sexual battery. While there is no statute under New York Penal Law that is specifically known as sexual battery, many statutes outlaw behaviors that would typically fit under this definition.
Whether you are facing allegations involving unwelcome sexual touching, sexual abuse, or even rape, a Bronx sexual battery lawyer can help. A skilled attorney can work to aggressively fight for your rights in court.
Laws that Prohibit Unwarranted Sexual Contact
New York’s Penal Law contains multiple statutes that concern unwelcome sexual contact between two people. This can be something as simple as an unwelcome touch on the buttocks or something as severe as sexual intercourse while unconscious. As a result, it can be difficult to come to terms with all the potential laws that an allegation of sexual battery can invoke.
It is important to remember there is no law labeled as sexual battery in New York. Instead, individuals may face prosecution under specific statutes. One way sexual battery may be charged is as sexual abuse in the third degree under New York Penal Law §130.55. This law states that it is illegal for any person to touch another in a sexual manner without their consent. This is a minor offense classified by courts as a class B misdemeanor and the maximum penalty is three months in jail.
Another charge is a criminal sexual act in the second degree under New York Penal Law §130.45 which is a middle-level accusation involving sexual battery. This applies when a defendant is accused of being over the age of 18 and having anal or oral sexual contact with another person under the age of 15. It also applies when the alleged victim cannot consent due to a mental condition. This is a class D felony.
One of the most severe offenses concerning sexual battery is a predatory sexual assault as defined by New York Penal Law §130.95. Prosecutors use this statute when they accuse someone of committing a sexual battery in the first degree, such as rape or a criminal sexual act, and this incident results in serious physical harm to the alleged victim. Alternatively, this can involve a sexual battery aided by the use of a weapon. A conviction here is a class A-II felony.
Allegations of sexual battery can range from minor misdemeanors to the most severe crimes available in New York’s Penal Law. No matter the exact nature of the charges, a Bronx sexual battery lawyer could help.
Non-Prison Consequences for a Sexual Battery in the Bronx
All instances of sexual battery carry the potential for jail time. However, these cases can also carry other penalties that can be just as damaging. As soon as the charges are brought to court, either the alleged victim or the prosecutor can ask the court to implement a protective order.
If granted, this order will cease all contact between the alleged victim and the defendant. This can result in a person having to move out of their home, quit their job, or lose custody of their children. If the court convicts a defendant, these orders can be extended for years into the future.
Second, many convictions require a defendant to register as a sex offender. This will impact where they can work, where they can live, and publishes the details of their crime to the public. This has a permanent impact on a person’s life.
Contact a Bronx Sexual Battery Attorney
Allegations of any type of sexual battery or sex crime in New York are serious matters. Even if the allegation is only for a misdemeanor level offense, restrictive restraining orders can be put into place that throws a person’s life into chaos. This is to say nothing of the potentially lengthy prison sentences that can result from a conviction. An attorney could stand by your side to help prevent this from happening. Do not try to fight these charges alone, let a Bronx sexual battery lawyer fight for you.