NYC Sex Crime Attorney

Aggressive Defense for New Yorkers Facing Sex Crime Charges

In New York, sex crimes can range from misdemeanors to felony offenses and convictions can lead to imprisonment, fines, and mandatory registration as a sex offender.

If you have been accused of a sex crime, it is crucial to seek experienced legal representation. The Law Offices of Mehdi Essmidi, led by former New York City Prosecutor Mehdi Essmidi, offers skilled criminal defense in NYC for individuals accused of sex crimes.

We have extensive experience and success in defending various types of sex crime allegations in New York courts. If you are facing sex crime charges, do not hesitate to contact us for a free consultation.

Sex Crimes Under New York Law

Sex crimes encompass a wide range of offenses that may include but are not limited to rape, sexual assault, sexual abuse, and statutory rape. The specific degree and classification of the charge generally depend on the circumstances and severity of the offense.

The legal notion of unwanted sexual contact is included in various degrees of crimes, from forcible touching to sexual misconduct. In New York, sex crimes are defined as any criminal offense involving non-consensual sexual conduct or exploitation of another person. Here are common charges we have experience with:

Sexual Misconduct

Sexual Misconduct (§ 130.20): Involves engaging in sexual intercourse or sexual conduct without consent.

Rape

First Degree (§ 130.35): Involves non-consensual sexual intercourse through the use of force or where the victim is incapable of consent due to age (under 11), mental incapacity, or physical helplessness.
Second Degree (§ 130.30): Involves non-consensual sexual intercourse with someone who is under 15 years old or is unable of consent due to being mentally disabled or incapacitated.
Third Degree (§ 130.25): Involves non-consensual sexual intercourse where the victim does not explicitly consent, often interpreted in situations where the capacity to consent is not a factor as it is in the first and second degrees.

Sexual Abuse

First Degree (§ 130.65): Involves sexual contact with another person by force or compulsion or with a person who is unable to consent due to physical helplessness.
Second Degree (§ 130.60): Involves sexual contact with another person without consent, where consent is not given for reasons such as the mental incapacity of the victim or the victim being unaware that the sexual activity is occurring.
Third Degree (§ 130.55): Involves sexual contact with another person without consent; this is often applied in less severe cases compared to first and second degrees.

Aggravated Sexual Abuse

First Degree (§ 130.70): Involves inserting a foreign object into another person’s body by forcible compulsion or when the victim is physically helpless, or under 11 years old.
Second Degree (§ 130.67): Occurs when someone inserts a foreign object into another person’s under lack of consent or the victim’s incapacity to consent.
Third Degree (§ 130.66): Involves inserting an object in another person under forcible compulsion or when the victim is incapable of consent due to some reason other than being under 11 years old.
Fourth Degree (§ 130.65-a): Involves forcibly inserting a foreign object into another person’s body under certain aggravating circumstances.

Criminal Sexual Act and “Rape is Rape” Law

As of September 1, 2024, New York State has redefined its sexual offense laws. The crime previously known as “Criminal Sexual Act” has been incorporated into the broader definition of “Rape.” This change means that non-consensual sex, which was formerly prosecuted under the “Criminal Sexual Act” statutes, is now prosecuted under the updated “Rape” statutes, specifically Penal Law sections 130.25, 130.30, and 130.35.

While the specific charge of the “Criminal Sexual Act” has been removed from New York’s Penal Law, the behaviors it encompassed remain criminal offenses. They are now prosecuted under the expanded definition of rape, expanding the definition of rape and consolidating previously separate offenses. Here are the main changes to the law:

Expands the definition of rape to include any form of genital contact
Removes the requirement for penetration in rape cases
Combines all sexual conduct under a single classification of “Rape”
Repeals “criminal sexual act” offenses

New York Sex Offender Registry

Under New York State law, individuals convicted of certain sex crimes are required to register as sex offenders. Once registered, personal information is available to the public in the state’s online database for all cases considered a risk. This can have a huge impact on employment and other opportunities, highlighting the need for experienced NYC sex crime attorneys.

Orders of Protection in Sex Crime Cases

Orders of protection in sex crime cases can pose significant challenges for the accused, even before a conviction is reached. These orders often restrict contact with the alleged victim, limit freedom of movement, and require the surrender of firearms. Violations, even unintentional ones, can lead to re-arrest and additional charges.

From a criminal defense standpoint, such orders are imposed based on allegations rather than proven guilt. Defending against these orders involves demonstrating the accused’s commitment to compliance while challenging aspects of the order that are overly broad or unsupported by evidence.

Sex Crime Investigations and Arrests

What to Expect During a Sex Crime Criminal Investigation

A sex crime investigation can be a long and complex process. If you are under scrutiny, the investigation may involve:

Interviews
Collection of evidence, such as DNA samples, clothing, and other items
Review of electronic evidence, such as emails, text messages, and social media posts
Execution of search warrants to gather evidence from your home, vehicle, or other locations

Rights During a Sex Crime Investigation

It is crucial to remember that you have the right to have an attorney present throughout any questioning. During a sex crime investigation, you have several rights that must be respected. These include:

The right to remain silent and not answer questions
The right to legal representation present during questioning
The right to be free from unreasonable searches and seizures
The right to be informed of the charges against you
The right to a fair and impartial investigation

If you believe your rights have been violated during a sex crime investigation, it is essential to contact a sex crime defense attorney immediately.

Sex Crime Trials

If you are facing sex crime charges, it is essential to understand what to expect during a trial. The trial may involve:

Opening statements from the prosecution and defense
Presentation of evidence, including witness testimony and physical evidence
Cross-examination of witnesses
Closing arguments from the prosecution and defense
Jury deliberation and verdict

A sex crime defense attorney can help you get ready for trial and ensure that your rights are protected throughout the process.

Defending Clients Facing Sex Crime Charges in NYC

There are several common defenses we may use to defend against sex crime charges in New York, including:

Consent

We may demonstrate that the alleged victim consented to the sexual conduct.

Mistaken Identity

If you were misidentified as the perpetrator, we may have a defense against the charges.

Lack of Evidence

If there is insufficient evidence to support the charges, we may pursue a lack of evidence defense.

False Accusations

If the alleged victim made false accusations, we can cross-examine testimonies and accounts to challenge the prosecution.

Age of Consent

In some cases, we may argue the accused reasonably believed the alleged victim was of the age of consent.

It is crucial to note that the specific defenses available in a case will depend on the facts and circumstances. The best way to determine available defenses is to consult New York City sexual abuse lawyers.

Contact Our New York Sex Crimes Lawyer Today

When facing the possibility of a conviction and severe penalties, it is essential to have experienced legal representation on your side. Our NYC sex crime attorney, Mehdi Essmidi, knows the nuances and delicate nature of sex charges in New York and can aggressively defend your rights and fight for the best possible outcome. Contact us today for a free consultation.

Frequently Asked Questions: NYC Sex Crimes

What are the penalties for sex crimes in New York?

Penalties for sex crimes in New York vary depending on the offense and its severity. They can range from misdemeanors to felony sex crimes. Convictions may result in prison time, fines, and mandatory registration as a sex offender. Predatory sexual assault is a class B felony, while some forms of sexual misconduct may be classified as a class D felony. It’s highly recommended that those charged seek help from sexual abuse lawyers.

What should I do if I’m falsely accused of a sex crime?

If you’re falsely accused of a sex crime:

Do not speak to the police or alleged victim without an attorney present
Contact a sex crimes attorney immediately
Preserve any evidence that may support your innocence
Do not discuss the case with anyone except your lawyer
Avoid any contact with the accuser

How does New York law define consent in sex crime cases?

Under New York law, consent involves a person’s agreement to take part in a specific sexual act. Consent must be freely given and it can be withdrawn at any time. A person cannot legally consent if they are:

Under the age of 17
Mentally disabled or incapacitated
Physically helpless
Under the influence of alcohol or drugs to the point of incapacitation