NYC Sexual Abuse Attorney Helping You

With sex crimes, a mere accusation can be enough to cause serious damage to your life. Your freedom, reputation, career, and relationships are at stake. Contacting an NYC sexual abuse attorney helps ensure that your rights are protected so that you get the best possible outcome. 

There are many different sex offenses under New York law that can result in criminal charges. Most of them are felony offenses but several sexual offenses are misdemeanors. NYC Sex Crime Attorney Cody Warner can develop a strategic defense aimed to minimize penalties, avoid conviction, and ensure that any other damage to your life is minimized. 

Cody is an NYC Sexual Abuse Attorney Defending You Against Abuse Charges

Sexual abuse charges are some of New York’s most serious sex offenses. If you are facing sexual abuse charges, the first step in moving forward is understanding the nature of your charges and the potential consequences. 

New York has various degrees of sexual abuse charges, almost all of which are felonies. The offense that you are charged with may depend on a variety of factors including the age of the victim, the nature of the sexual contact, and how many times the contact is alleged to have occurred. The outcome of your case will ultimately depend on the facts, which may require scientific evaluation. The prosecution will most likely use an expert to testify to the evidence in your case and you should be prepared to have your own expert who can dispute their conclusions. A NYC criminal lawyer can gather the evidence you need to make sure your defense is as strong as possible. 

What is Sexual Abuse? 

In general terms, sexual abuse is the crime of subjecting another person to sexual contact without their consent. Sexual contact is defined by P. L 130(3) as touching the sexual or intimate or sexual parts of another person for purposes of sexual gratification of either person. The touching can be over or under the victim’s clothing and includes the emission of ejaculate. In other words, you can be charged with sexual abuse even if there was no sexual intercourse of any kind. 

Forcible Touching

Forcible touching is a class A misdemeanor defined by P.L 130.52 as the intentional and forcible touching of the sexual or other intimate parts of another person without any legitimate purpose but for sexual gratification or to degrade or abuse the other person. Touching can include grabbing, squeezing, or pinching. If convicted, you could face up to one year in jail. 

Sexual Abuse in the Third Degree

Sexual Abuse in the Third Degree (P.L 130.55) is a class B misdemeanor, and if convicted, you face up to 3 months in jail. If you are convicted of Sexual Abuse in the Third Degree on two separate occasions, you will have to register as a sex offender for at least twenty years.

Sexual Abuse in the Second Degree

Sexual Abuse in the Second Degree (P.L. 130.60) is a class A misdemeanor, and if convicted, you could face up to one year in jail. Sexual Abuse in the Second Degree is charged when a person subjects another person to sexual contact and: 

1. The victim is incapable of giving their consent by some factor other than being less than 17 years old; or
2. The victim is less than 14 years old.

Whether a person is incapable of giving consent for a reason other than age is an issue that is commonly left to the jury to decide. An NYC sexual assault lawyer can investigate your case to gather needed evidence so that you can present any available defense to get the best possible outcome. 

Sexual Abuse in the First Degree

Sexual Abuse in the First Degree (P.L 130.65) is a class D felony and charged when a person subjects another person to sexual contact and: 

1. The victim is physically helpless; 
2. The victim is less than 11 years old; 
3. The victim is less than 13 years old, and the perpetrator is 21 years old or older;
4. The sexual contact was made by forcible compulsion. 

If convicted, you could face up to 7 years in prison or more if you have been convicted of a felony within the last ten years. If you have been charged with Sexual Abuse in the Second Degree, an NYC sexual assault lawyer can work with you to prepare an aggressive defense. 

What is Persistent Sexual Abuse?

Persistent Sexual Abuse (P.L 130.53) is a class E felony. You can face a Persistent Sexual Abuse charge if you allegedly commit Forcible Touching, Sexual Abuse in the Third Degree, or Sexual Abuse in the Second Degree and have a conviction for one or more of the following offenses within the last 10 years: 

• Forcible Touching; 
• Sexual Abuse in the Third Degree; 
• Sexual Abuse in the Second Degree; 
• Any felony sex offense. 

Whether you are facing a first-time misdemeanor charge or have been charged with Sexual Abuse in the First Degree, an experienced NYC sex crimes defense attorney can help you put these charges behind you and ensure that you get the best possible result. 

Aggravated Sexual Abuse

Prosecutors charge aggravated sexual abuse when there are allegations of conduct that involved penetration by way of insertion into the vagina, urethra, penis, rectum, or anus of the other person. There are four degrees of aggravated sexual abuse, all of which are felonies:

• Aggravated Sexual Abuse in the Fourth Degree (P.L 130.65-A) is charged when the penetration involved the insertion of a foreign object and the other person is incapable of consent for reasons other than being underage. Aggravated Sexual Abuse in the Fourth Degree is a class E Felony. 
• Aggravated Sexual Abuse in the Third Degree (P.L  130.66) involves the insertion of a foreign object and is charged when the victim is less than 11 years old or they were physically helpless. It also applies in cases where the victim was mentally disabled or incapacitated and the penetration causes physical injury. Aggravated Sexual Abuse in the Third Degree is a class D felony. 
• Aggravated Sexual Abuse in the Second Degree (P.L 130.67) is charged when the penetration involves a finger and causes physical injury. The penetration was either by forcible compulsion, the victim was physically helpless, or the victim was less than 11 years old. 
• Aggravated Sexual Abuse in the First Degree (P.L 130.70) involves the insertion of a foreign object that causes injury and was by forcible compulsion or the victim was physically helpless or less than 11 years old. Aggravated Sexual Abuse in the First Degree is a class B felony. 

Aggravated sexual abuse charges are extremely serious. At a minimum, you face up to 4 years in prison, while an Aggravated Sexual Abuse in the First Degree conviction carries a potential prison sentence of up to 25 years or more if you have been convicted of a felony within the last ten years. Contact an NYC sexual assault lawyer as soon as possible if you have been charged with aggravated sexual abuse so that your case can be strategically handled.

Other Charges Handled by NYC Sexual Abuse Attorney Cody Warner

In addition to sexual abuse crimes, prosecutors often charge a wide variety of other sex offenses. These charges include the following: 

• Sexual Misconduct. This crime is a class A misdemeanor under P.L 130.20 that can result in up to a year in jail if you are convicted. Sexual Misconduct is charged when a person engages in sexual intercourse with another person without that person’s consent. It is also charged in cases of “oral sexual conduct or anal sexual conduct” without the other person’s consent as well as engaging in sexual conduct with an animal or dead human body. Prosecutors also charge sexual misconduct when they do not believe they can get a conviction on a rape charge. 
• Rape. Rape is the crime of engaging in sexual intercourse without the other person’s consent. Under P.L 130, rape can occur with three different degrees of severity, ranging from a class E felony to a class B felony. 
• Criminal Sexual Act. Under P.L 130.40 et seq. You can be charged with this crime if you engaged in “oral sexual or anal sexual conduct” with another person. Criminal Sexual Act is charged with three different degrees of severity. 
• Predatory Sexual Assault. This is a class A-II felony under P.L 130.95, and if convicted you could face up to life in prison. You can be charged with predatory sexual assault if you caused serious physical harm while committing a first degree sexual offense. If the victim is less than 13, you could be charged with predatory sexual assault against a child under P.L 130.96.  

Prosecutors are aggressive with sex crimes and often charge defendants with the most serious crime possible. An experienced NYC sex crimes defense attorney can identify the weaknesses in the prosecution’s case and develop a strong defense. 

The Potential Consequences of a Sex Crime Conviction

Sex crimes carry some of the most severe penalties, the most obvious being a lengthy prison sentence. 

Another serious consequence of most sex offenses is that you will have to register as a sex offender for at least 20 years. The sex offender registry is a matter of public record and you will have to update your information every time you move or change jobs. Registering as a sex offender is a humiliating consequence of a sex conviction, and the effects of being a sex offender can last for a very long time. Accordingly, it’s critical to strategically handle your case to properly present any defenses that may exist for your case.

NYC sexual assault lawyer Cody Warner understands everything that is at stake when you are facing a sex offense charge. He will analyze every detail of your case and gather all evidence needed to prepare the best possible defense. 

How NYC Sexual Abuse Attorney Cody Warner Can Help

NYC sexual assault lawyer Cody Warner will discuss your charges so that you can understand the accusations and potential penalties you face if convicted. After discussing the circumstances of the case with you, he will assess your case and determine the best course of action. 

Your charges may be dismissed if your lawyer can demonstrate to the prosecutor or judge that the accusations are false. YoIf the prosecution and judge does not dismiss the case, the prosecution still might be willing to offer a deal to reduce the charges. Cody will provide you with all the information you need to make a confident, well-informed decision about whether to accept any deals offered by the prosecution.

If trial is your best option, Cody will develop a trial strategy to optimize your chances of winning, and he will retain any expert witnesses who are necessary to present the best possible defense. 

Talk to NYC Sexual Abuse Attorney Cody Warner Today

If you have been charged with a sex offense,  NYC Sexual Abuse Attorney Cody Warner can get working on your case. Contact him today via phone or email to schedule an appointment. 

Sexual Abuse FAQs Answered By A NYC Sexual Abuse Attorney

What is Forcible Touching in New York?

Forcible touching is a common charge in New York that is partially a result of New York being such a crowded place. Specifically, a lot of forcible touching charges relate to incidents that occur inside of cramped subway cars. As most New Yorkers know, during rush hour in Manhattan the cars can get so packed that people are crammed inside of the subway cars like sardines.

On occasion, a person will allege that someone in the subway car was inappropriately rubbing up against them. When that happens, the alleged suspect may be charged with Forcible Touching. However, for a person to be convicted of Forcible Touching, the prosecution must prove that the defendant intended to gratify his sexual desire or degrade the alleged victim. With subway car cases, oftentimes any contact between two people is an inadvertent result of crammed subway cars, so oftentimes the accused may have strong defenses.

What are 5 examples of sexual abuse?

Broadly speaking, New York statutes outlaw many forms of sexual abuse. Some examples of possible charges include:

Rape in the First Degree can occur when a person engages in sexual intercourse with a person by forcible compulsion.

Rape in the Second Degree can occur when a person eighteen years old or more engages in sexual intercourse with a person less than fifteen years old.

Rape in the Third Degree can occur when a person who is twenty-one or more has sex with someone who is less than seventeen years old.

Forcible Touching can occur when a person forcibly touches the sexual or intimate parts of another person for the purpose of gratifying the actor’s sexual desires.

Persistent Sexual Abuse can occur when a person commits forcible touching and has been convicted twice in the last ten years for the same offense.

What is considered sexual assault in NYC?

New York does not have an offense named “sexual assault,” but it does have a crime called “predatory sexual assault.” A person can commit predatory sexual assault in several different ways. A common example is when a person commits Rape in the First Degree and causes physical injury or threatens the use of a dangerous instrument during the commission of the rape.

How many years can you get for sexual assault in New York?

If you are convicted of predatory sexual assault, you face a minimum sentence of 3 years in prison and a maximum of life in prison. You would be eligible for parole after serving a minimum number of years set by the judge, but you are not guaranteed to be released on parole, and if you are released on parole and re-arrested, you will be sent back to prison.

Life on parole is a difficult sentence to deal with because it affects you for the rest of your life. If you have been charged with predatory sexual assault, it’s important to have an experienced criminal lawyer who can ensure that all possible defenses are examined and that the prosecution knows about all the factors in your life that warrant a good plea offer.