NYC Public Lewdness LawyerSchedule a Free Consultation
If you or someone you know has been charged with public lewdness in New York, it is crucial to consult with an experienced criminal defense attorney. Mehdi Essmidi is a former NYC prosecutor who understands the complexities of the criminal justice system and is dedicated to protecting your rights and fighting for the best possible outcome. Don’t face public lewdness charges alone – contact us today for a free consultation.
Public Lewdness: An Overview
Under New York Penal Law, public lewdness is a crime involving moral turpitude, which means it is considered morally reprehensible and can have serious direct and collateral consequences. Public lewdness is described as an exposure of a person or the display of private or intimate parts in a lewd manner while in a public place or on private premises when the person can be readily observed by others on a public place or other private premises (NY Penal Law 245.00).
It is important to note that “private or intimate parts” include male and female genitals, pubic area, and buttocks, as well as any other part of the human body if it is presented in a lewd or sexually suggestive context.
A conviction for public lewdness in New York may result in a permanent criminal record, imprisonment, probations, or community service. As public lewdness is classified as a class B misdemeanor, it can have long-lasting consequences, including negative impacts on one’s personal and professional life.
Consequences of a Public Lewdness Conviction
The direct consequences of a criminal conviction for public lewdness generally depend on the specific facts of the case and the offender’s prior criminal record. A first-time conviction for public lewdness is punishable by up to three months in jail and/or a fine of up to $500. In addition, a judge may impose a conditional discharge requiring the offender to adhere to certain court-mandated conditions and/or community service.
The collateral consequences of a public lewdness conviction may include loss of employment or potential employment opportunities, difficulties in obtaining housing or financial aid, and adverse effects on one’s legal status, particularly for non-citizens.
Defenses to Public Lewdness Charges
An experienced criminal defense attorney can often identify possible defenses and strategies to challenge public lewdness charges, such as:
Challenging the Location
If the alleged lewd act took place in a private location where it could not be readily observed from any public place or other private premises, it cannot be considered public lewdness under New York law.
Challenging the Intent
Proving that the defendant did not intentionally expose their private or intimate parts in a lewd manner may create reasonable doubt and lead to a dismissal or reduction of the charges.
Challenging the Age Element
If the person entertaining the behaviors is not less than sixteen years of age, it might be a possible defense.
Challenging the Nature of the Act
If the act was not lewd or sexually suggestive, it cannot be considered public lewdness under New York state law.
Challenging the Credibility of the Witnesses
In cases where the sole or primary basis for the public lewdness charge is the testimony of an undercover police officer, the defense may challenge the officer’s credibility, motives, or ability to accurately observe the alleged lewd act.
Instances of Public Lewdness in New York
New York’s public lewdness law (Penal Law 245.00) has led to several high-profile court cases and arrests, particularly in heavily populated and trafficked areas like Manhattan and the Port Authority Bus Terminal. In these cases, prosecutors often rely on eyewitness testimony, including that of undercover police officers, to support the charges.
The experienced criminal defense attorneys at The Law Offices of Mehdi Essmidi P.L.L.C. understand how to strategically defend against public lewdness charges and minimize the potential consequences of a conviction. As experts in both New York law and the interpretation of Penal Law 245.00, our team can provide the best possible representation in navigating this complex area of the law.
Contact Us for a Free Consultation
If you have been charged with public lewdness in New York, it is crucial to seek the help of an experienced criminal defense attorney. The team at The Law Offices of Mehdi Essmidi P.L.L.C. is committed to providing aggressive representation, as well as understanding and compassionate support throughout the criminal justice process. We are available to discuss your situation, provide advice on the best defense strategy for your case, and represent you in court.
Don’t let a public lewdness charge jeopardize your future; contact The Law Offices of Mehdi Essmidi P.L.L.C. today for knowledgeable and assertive legal representation.