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Charged With a Sex Offense Crime in New York?

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Sex Offenses

Perhaps some of the most difficult and humbling charges to face, sex offenses, not only carry serious penalties, they carry a heavy stigma. When faced with charges like these, you may lose friends, ruin your reputation, and push family away—all before you are even judged guilty. It’s now more than ever that you need the assistance of a criminal defense attorney.

There are many different crimes under the label of “sex offenses”. Which specific charge you are facing determines the sentence you may find yourself having to serve.

Rape

Rape is likely the most well known sex offense. The laws surrounding rape can be quite complicated, however. Many things including the alleged victim’s age help the prosecution determine which rape charge to file against you.

Rape in the 3rd degree

This crime is considered a Class E felony, punishable by up to 4 years in prison. You may be facing this charge if any of the following apply:

  1. You engage in intercourse with someone incapable of consenting or agreeing to it,
  2. You are over the age of 21 and the other party is less than 17 years old, regardless of whether or not it is consensual, or
  3. You have intercourse with someone without their consent.

Rape in the 2nd Degree

Second degree rape is considered a Class D felony and carries a potential 7 years behind bars. You could be facing this charge if the prosecution has reason to believe you:

  1. had intercourse with someone who is mentally disabled or incapacitated and unable to give consent, or
  2. you are over the age of 18 and your partner is less than 15 years old.

Rape in the 1st Degree

Rape in the first degree is the most serious rape offense and is considered a Class B felony. This carries a very hefty potential sentence of up to 25 years in prison. This rape charge could apply if you had sexual intercourse where:

  1. It was by force,
  2. the alleged victim was helpless,
  3. the alleged victim was under 11 years old, or
  4. the alleged victim was under 13 and you are over the age of 18.

Ref: New York State Law Sec.130.25,30,35

Criminal Sexual Act

A criminal sexual act is similar to rape only that it involves oral or anal sexual situations. Similar to rape, the charges here are split into 3 classifications. Also similar to rape, they are a Class E, D, and B felony respectively.

This means, depending on the circumstances of your case, you could face up to 25 years in prison for a charge of Criminal Sexual Act.

Ref: New York State Law Sec.130.40,45,50

Forcible Touching

This charge applies, not to intercourse, but to touching. It is considered a misdemeanor, but is still a “sex crime”. You could be sentenced to a year in jail if convicted.

Forcible touching applies when you touch the sexual or other “intimate parts” of another person to degrade them or fulfill your desires. Grabbing, pinching, and squeezing are all included in the legal definition of forcible touching.

Ref: New York State Law Sec.130.52

Sexual Abuse

Sexual abuse has many of the same classifications as rape, with three felony categories. However, sexual abuse applies to sexual “contact” rather than intercourse.

The most serious 1st degree sexual abuse charges apply to those circumstances that use force or are committed against a child under the age of 11. In these situations, the crime is a Class D felony punishable by up to 7 years in prison.

In other cases of sexual abuse (2nd and 3rd degree) you can face misdemeanor charges and a potential sentence of up to 1 year in jail.

Ref: New York State Law Sec. 320.55,60,65

Aggravated Sexual Abuse

Aggravated sexual abuse involves the insertion of a “foreign” object into the sexual organs or rectum of a victim. Like the other sex crimes, this one is also classified into 3 categories, ranging from a Class D felony to a Class B felony.

Depending on the specific circumstances of your case, you could be sentenced to up to 25 years for this offense.

Ref: New York State Law Sec. 130.66,67,70

There are numerous other sexual crimes listed in the New York laws. The only way to know for sure what you are up against is to talk with an attorney. Contact our offices today for a consultation.

 

Free Legal Consultation on New York State Assault Laws and Penalties

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Don't plead guilty and agree to even a criminal conviction on your record without looking for every chance to beat the charges. Call  us at (888) 435-4744 for a consultation on assault charges now.