A New York Sexual Abuse Lawyer will tell you that the crime of Sexual Abuse as well as other sex related offenses is on the rise in New York. Because of this, the District Attorney’s office is cracking down on sex offenders like never before. A conviction of Rape, Forcible Touching and Child Pornography amongst other offenses can have significant, life changing consequences for the defendant. A Sex Crime, depending on the particular charge, can be classified as either a misdemeanor or a felony. A conviction can lead to a jail sentence, fines, counseling, loss of reputation, and the requirement to register as a sex offender. The crime of Sexual Abuse is defined by New York Penal Code Section 130.55, 130.60 & 130.65. If you have accused of Sexual Abuse and/or other Sex Crime, it is recommended that you contact a New York Sexual Abuse Lawyer right away.
Sexual Abuse is defined as an individual having sexual contact with another without their consent. There are three degrees of this crime. In the first degree, the contact must be as a result of forcible compulsion, or where the victim is incapable of giving consent, or younger that 11 years old. This crime is classified as a D Felony, which would be punishable by a minimum of one year in prison. Sexual Abuse in the second degree is non-consensual sexual contact where the victim is incapable of consent for a reason other than their young age (17 yrs. or younger) or the victim is less that 14 yrs. old. This is categorized as a Class A Misdemeanor, punishable by a maximum of one year in jail. This crime in the third degree is non-consensual sexual contact by on person against another. An affirmative defense to this crime would be that the victim’s lack of consent was because of their incapacity due to their age (17 yrs), the victim was at least 14 yrs. of age, and that the defendant was within 5 years of age of victim. This crime is classified as a Class B misdemeanor.
An experienced New York Sexual Abuse Lawyer will be invaluable if you have been accused of a Sexual Abuse. It will be the job of the District Attorney to prove your guilt beyond a reasonable doubt. Your Westchester County Criminal Lawyer can raise defenses, and ask questions that can counter this and create reasonable doubt, preventing you from being convicted of the crime.
Being convicted of sexual abuse or other Sex Crime can have a lasting impact on your life. If you are in this situation it is important to take action and ensure that your rights are protected and you obtain the best result possible.
The Office of Stephen Bilkis and Associates can offer you support and guidance as well as a free consultation when you contact us at 1-800-NY-NY-LAW. We have offices in New York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.