Westchester County Sexual Battery Lawyer
Being accused of sexual battery or a similar crime can be frightening. You may be unsure of how the criminal process works and what is next for your case. You may also not know how best to fight your charges to ensure the best chance at acquittal.
If you are facing such a situation, get in touch with a Westchester County sexual battery lawyer as soon as possible. An attorney who is familiar with defending different types of sex crimes could use that experience to ensure you understand every step of the process and plan the best possible defense for you. They could also represent you in court every step of the way, from initial hearings to trial.
Sexual Battery and Related Charges
Generally, “sexual battery” refers to the touching of the sexual or intimate parts of a person without their consent. New York Penal Law criminalizes sexual battery under two primary criminal charges, forcible touching and sexual abuse.
Under New York Penal Law §130.52, an individual may be guilty of forcible touching if they intentionally and forcibly touch the intimate parts of another person without that person’s consent, either for their own sexual gratification or to degrade the other person. The crime of sexual abuse is worded more broadly and encompasses any unconsented sexual contact, according to NYPL §130.55.
In NYPL §130.00, New York Penal Law defines “sexual contact” as any kind of touching of another person’s sexual parts for the purpose of gratifying sexual desire. As a result, the crime of sexual abuse may include any kind of unwanted contact that is sexual in nature. Those who have further questions on sexual battery and what acts might constitute a criminal offense should seek the advice of a Westchester County sexual battery attorney.
Potential Penalties for Sexual Battery
New York punishes forcible touching as a class A misdemeanor, according to NYPL §130.52. By contrast, the minimum punishment for sexual abuse is less, since it is classified as a class B misdemeanor under NYPL §130.55.
Those convicted of forcible touching may face jail time of up to one year and may also need to pay a fine of up to $1,000. The potential jail time for those convicted of sexual abuse is a maximum of three months, and a court may also impose a fine of up to $500.
Defending Against Sexual Battery Charges
There are a variety of different defenses to sexual battery charges such as forcible touching or sexual abuse. For example, an accused individual could be found innocent if they touched another person as part of a clinical exam or in another situation where the contact was for purposes other than sexual gratification or degradation.
Furthermore, the definition of forcible touching as a crime requires the act in question to be intentional. Therefore, if a defendant’s touching of another individual was purely accidental, they would not be guilty of criminal forcible touching.
Defendants accused of sexual abuse, on the other hand, may be able to claim that the other individual consented to the sexual contact, which would invalidate any sexual abuse charges. Regardless of the specific circumstances, any individual facing these charges or similar ones may benefit from calling a Westchester County sexual battery lawyer as soon as possible for a consultation.
Working with a Westchester County Sexual Battery Attorney
If you were charged with any kind of sexual battery crime, do not delay in defending your rights. Contact a Westchester County sexual battery lawyer today for a consultation.
An attorney familiar with New York Penal Law and legal proceedings could review your case and advise you on your best legal options going forward. They could also plan out a defense strategy that gives you the best possible chance at a positive resolution to your case.