New York City Sex Crimes Lawyer

New York City takes its prosecutions of sex crimes very seriously. Sex crimes are viewed as one of the most egregious actions that a person can take by both the courts and prosecutors.

Because of this, it is important to hire a sex crime attorney who not only is familiar with the procedure and rules involving the representation of people accused of sex crimes but who also will handle your case with compassion and understanding. People accused of a sex crime often ask:

• What is a sex crime?
• What are the potential penalties?
• How can a sex crime attorney help?

Keeping this in mind, it is vital to work with a New York City sex crimes lawyer who can help you navigate the criminal courts and answer any questions you may have. Contact a capable criminal defense attorney who can work to get you the best possible outcome based on your circumstances.

How are Sex Crimes Defined in New York City?

There are 49 criminal offenses listed in the New York Penal Code that require that a person register as a sex offender upon conviction. This list can be broken down into three main categories: rape, sex abuse, and kidnapping. A sex crime defense attorney could explain the differences between these charges in more detail.

Rape Crimes

Rape crimes are defined as when a person engages in sexual intercourse with another person by force, who is physically helpless, who is under 11 years old, or is less than 13 years old when the actor is 18 years old or more. This is rape in the 1st degree and is a Class B felony.

There are also rape in the 2nd and 3rd-degree charges that rely upon the mental capacity or age of the accuser to determine the severity of the charge. These are both felonies.

Sexual Abuse Crimes

Sexual abuse crimes are defined as when a person subjects another to sexual contact by force, who is helpless, is less than 11 years old, or is less than 13 years old when the actor is 18 years old or older. The only difference between rape and sexual abuse is the nature of the sexual contact.

Anything of a sexual nature short of intercourse is considered sexual abuse. The most serious version, 1st-degree sexual abuse, is a class D felony. There also exists the crime of aggravated sexual assault which involves the use of a foreign object to abuse the accuser and can stiffen the penalty to a class B felony.

Kidnapping Crimes

Kidnapping crimes involve taking a person against their will for the purpose of asking for ransom, or with the intent to inflict physical injury, or with the intent to terrorize that person. New York Penal Code § 135.25 lists kidnapping in the 1st degree as a Class A-I felony.

If a person abducts another person without the intent to harm them or without asking for ransom, the charge may be reduced to kidnapping in the 2nd degree, a class B felony.

What are the Potential Penalties for a Sex Crimes Conviction?

As a sex crime lawyer could explain, penalties for sex crimes range from the most severe of violent felonies to lesser felony charges. A-I felony charges carry a minimum of 20 years in prison with a maximum of 25 years.

Additionally, a fine of up to $5,000 may be imposed as will a requirement to register as a sex offender with the sex offender registry.

For a class D felony, a minimum term of three years and a maximum of seven years will be imposed. A fine of up to $5,000 may also apply as will the requirement to register as a sex offender. A New York City sex crime attorney can mitigate potential penalties that an individual may face.

Defense Strategies in Sex Offender Cases

Despite the severe nature of these crimes, there is an opportunity to fight for a positive outcome—including dismissal. Getting these results is not always easy, but the right defense strategy can go a long way. The correct approach can vary, depending on the circumstances. Some of the options that are commonly used include the following.

Consent

In a large number of sexually-based offenses, the consent of the alleged victim is a viable defense. This is common in rape cases, given that the lack of consent is the primary element of the crime. If there was some degree of prior relationship between the two parties, arguing consent may be enough to raise reasonable doubt at trial. It is important to note that consent is not always a defense, primarily in cases involving juveniles.

Innocence

One of the most common defense strategies is alleging an event did not occur. This involves arguing that the accused never had any sexual contact with the reporting witness. This approach can be difficult to prove, but there are certain circumstances that might help with the defense. For example, having an alibi could show a judge or jury that the accused could not have been present at the time the sex crime occurred. In some cases, it might involve pointing to an alternative suspect and alleging there was a mistake in identification.

Illegal Search or Seizure

The violation of a person’s constitutional rights can also serve as part of their sex crime defense strategy. The Constitution of the United States protects everyone from unreasonable searches or seizures. If the police unlawfully search the property of the accused and seize evidence, it could be excluded from trial. In some cases, this could drastically weaken the prosecutor’s case and make it impossible to continue pursuing a conviction.

False Accusations

The unfortunate reality is that some arrests in New York sex offense cases are the result of false accusations. There are a number of reasons why this might occur. A reporting witness might allege an encounter was nonconsensual when their partner or spouse finds out about it. Others might make a false statement out of anger due to a break up or attempt to use it for leverage in a custody battle.

Removal From the Sex Offender Registry

When a person is convicted of a sex offense, their name is placed on the New York Sex Offender Registry. This consequence can follow a person and impact their life long after they have served their sentence and paid any fines.

When a person is convicted of one of these offenses, they are evaluated using something known as the Risk Assessment Instrument, or RAI. In total, New York recognizes three different levels of risk: low, moderate, and high. While someone at moderate risk can petition for removal after 30 years, most people are effectively removed when they are reduced to level one, low-risk status.

When a person is at level one of the sex offender registry, their personal information, including their name, address, and employment information, is available to the public on the website. They also have limited community notification requirements. Reaching level one is a best-case scenario for most people convicted of this offense. Once per calendar year, it is possible to petition the court to reduce the risk level from two or three to level one.

How a New York City Sex Crimes Attorney Can Help

Whenever a person is arrested for any crime, it is a stressful and serious matter. These feelings are only magnified when that person is accused of a sex crime.

Even before entering into the courts, the public may draw conclusions about a person’s guilt and place their case into the spotlight. When it comes to defending not only a client’s innocence but also reputation, a knowledgeable and dynamic attorney is required.

Lawyers will work to protect a client’s rights throughout the entire process, from arraignment to potential trial, with compassion and understanding. Whether the goal is to negotiate a fair plea deal for the case or to fight the charges at trial, our sex crime defense attorneys are with you every step of the way. Contact us to see how a New York City sex crimes lawyer can help protect your freedom.