New York Federal Sex Crimes Lawyer

Most criminal accusations are alleged violations of state laws. For the most part, the federal government allows states to charge, try, and convict offenders according to their own laws and punishments. However, some acts are covered by both state and federal statutes. A prime example of these are sexual offenses. The federal government has a unique interest in punishing sex offenses, especially those that involve children.

As a result, a defendant may be facing charges in both state and federal courts stemming from the same alleged conduct. – federal sex crimes lawyers represent those accused in both Federal District Courts and New York state courts against all forms of sex crimes. It can be critical to speak with an established federal crimes attorney right away. En español

Examples of Federal Sex Crimes

As a New York federal sex crimes attorney knows, all crimes against the federal government must be specifically defined under the United States Code. Sex crimes specifically are enumerated under Title 18. Prominent examples of these include aggravated sexual abuse and the sexual exploitation of children.

What is Aggravated Sexual Abuse?

Aggravated sexual abuse, otherwise known as rape, this offense requires the prosecution to prove that the defendant knowingly caused another person to engage in a sexual act through the use of force or the threat of serious bodily injury. A defendant can also be charged under the statute if they take a child under the age of 12 across state lines with the intent to engage in a sexual act. The potential penalties for these acts are serious with lifetime prison terms being applicable.

Defining Child Exploitation Offenses

The sexual exploitation of children are charges involve the act of employing, enticing, or otherwise coercing any child to engage in any sexually explicit conduct for the purpose of creating child pornography. Any parent who allows their child to engage in this conduct or pushes them to do so is guilty. The statute also applies to the publishers of the content. People convicted for the first time under this statute are subject to a minimum prison sentence of 15 years up to a maximum of 30 years. Repeat offenses increase the penalties to a minimum of 25 years up to a maximum of 50.

Federal sex crimes are treated very seriously with mandatory harsh penalties. Any person convicted under these statutes faces time in federal prison. This is in addition to any simultaneous charges that a defendant is facing in state court.

Defending the Rights of the Accused

It is important to remember that the procedures in federal court cases are similar to those in state court cases. A defendant has all of the same protections provided in the Constitution in both courts and the same basic rules of evidence apply. The government always bears the burden of proof and the defendant must be found guilty by a jury beyond all reasonable doubt.

Defendants’ attorneys also have the absolute right to examine all of the evidence to be brought at trial and to cross-examine all witnesses. New York federal sex crimes attorneys use every tool at their disposal to contest the charges from arraignment to a final trial.

Transporting a Minor Over State Lines

In many cases, the difference between being charged with a state or federal sex crime depends on where the offense happens. If during the course of a criminal act a person crosses state lines, federal prosecutors are likely to get involved. One of the most serious charges involving crimes in multiple jurisdictions is transporting a minor for the purposes of sex or prostitution.

Federal law makes it a crime to transport any person under the age of 18 from one state to another with the intent to commit a criminal offense. The statute specifically prohibits transportation for reasons of prostitution or sexual activity. This statute is designed to target child sex trafficking, and in some cases carries a maximum term of life in prison.

How State and Local Charges Interact

State and federal prosecutors have the power to bring different criminal charges related to the same alleged incident. The concept of double jeopardy—the constitutional protection against being tried twice for the same crime—does not apply in these situations. This is because while the offenses stem from the same incident, the specific allegations are different. For example, New York might arrest someone for sexual assault while the federal government could pursue trafficking charges at the same time.

In New York City, it is possible that the prosecutor will defer to the U.S. attorney and allow the federal sex crime case to proceed first. That does mean the state sex crime charges go away. It is not always clear how these cases might proceed. In the end, it is a good idea to rely on a New York attorney with both state and federal sex crime defense experience.

Potential Defense Strategies

There are many different types of sex offenses recognized under federal law, and each has its own potential defense strategies. These are serious charges, but a conviction is never certain. With the support of the right defense attorney and a strong strategy, it may be possible to avoid a conviction.

Consent

The most common defense in sexually-based offenses is consent. At its core, most of these charges have to do with allegedly nonconsensual sexual contact. If there is evidence that both parties were willing participants, a crime has not occurred. It is important to note that consent is not a defense to many federal crimes, as they involve minors. A person under the age of 18 cannot legally consent to sexual conduct, even if they are a willing participant. This defense specifically does not apply to cases like child trafficking.

Innocence

Some prosecutions stem from situations that were never a crime in the first place. A defense strategy could argue that there was never any sexual conduct in the first place, or that the accused never crossed state lines. The downside to this approach is that it usually relies entirely on the testimony of the accused and other witnesses.

Violation of Constitutional Rights

Federal authorities are barred from searching private property like homes or cars without a warrant, permission from the owner, or some other exigent circumstances. When they illegally enter the home of the accused and seize evidence of federal sex crimes, an NYC attorney can argue that anything the find must be excluded at trial. Preventing the government from relying on this evidence could cripple the prosecution’s case and lead to a dismissal.

Get Help From a New York Federal Sex Crimes Attorney

Facing a federal sex crime charge is considered a serious matter. Any person facing a federal sex charge should obtain representation that is ready and able to fight for them. New York federal sex crimes lawyers help people who are charged in federal courts to clear their names and preserve their reputations. Through extensive evidentiary examination and diligent trial work, we strive to achieve desirable results possible for those accused of sex crimes. Call us today to get started.