New York City Sexual Battery Lawyer
New York City sexual battery charges should always be taken seriously as criminal convictions can result in serving up to 25 years in prison, paying significant fines, and registering as a sex offender – which can impede employment, housing, and educational opportunities.
Anyone facing sexual battery charges should contact an experienced New York City sexual battery lawyer to discuss their charges and find out more about what legal defenses and options might be available to them. A qualified sex crimes attorney can make an informed decision about what makes sense for you.
How Does New York Define Sexual Battery?
Sexual battery is a broad term which essentially refers to sexual intercourse that is forced on another person without their consent and is against their will. It can also be referred to as rape, sexual assault, or criminal penetration. New York City rape charges generally fall into three categories:
Rape in the First-Degree
According to New York Penal Law § 130.35, this class B felony – which can result in up to a 25-year prison sentence – involves engaging in sexual intercourse with another person:
- By forcible compulsion
- Who is incapable of consent by reason of being physically helpless
- Who is less than eleven years old
- Who is less than thirteen years old and the actor is eighteen years old or more
Rape in the Second-Degree
According to New York Penal Law § 130.30, this class D felony – which can result in up to a seven-year prison sentence – involves a person who is 18 years old or more, engaging in sexual intercourse with another person less than fifteen years old. Or, if the person engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.
Rape in the Third-Degree
According to New York Penal Law § 130.25, this class E felony – which can result in up to a four-year prison sentence – involves a person who:
- Engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old
- Is 21 years old or more and engages in sexual intercourse with another person less than seventeen years old
- Engages in sexual intercourse with another person without such person`s consent where such lack of consent is by reason of some factor other than incapacity to consent
Along with significant prison sentences, New York City felony offenses can also result in fines, probation, and registering as a sex offender. A New York City sexual battery lawyer can attempt to mitigate the severity of those penalties. In addition to rape, there are several other sex offenses for which someone can be charged under New York law including sexual misconduct, sexual assault, and forcible touching.
Importance of Consent In Sexual Battery Charges
Consent is a critical element in a sexual battery charge. While the phrase, “no means no” is very clear, sometimes that phrase simply isn’t used and law enforcement officials, judges, and attorneys must determine the true intention of parties.
An experienced New York City sexual battery attorney can investigate the charges and determine what really might have happened by analyzing the intention of both parties – including their words, actions, and relationship.
Seek the Counsel of a New York City Sexual Battery Attorney
Anyone who has been arrested on sexual battery charges should seek the counsel of an experienced New York City sexual battery lawyer – preferably before speaking with law enforcement officers – as anything said during an interview or interrogation absolutely can be used against them later.
Do not try and fight sexual battery charges alone; rely on experienced counsel to determine your legal options and protect your rights.