NYC Sex Crime AttorneySchedule a Free Consultation
Aggressive Defense for New Yorkers Facing Sex Crime Charges
If you have been arrested and/or charged with a sex crime, it is crucial to seek experienced legal representation. The Law Offices of Mehdi Essmidi P.L.L.C., founded by former New York City Prosecutor Mehdi Essmidi, offers skilled criminal defense in NYC for individuals accused of sex crimes or any other criminal offenses.
In New York, sex crimes can range from misdemeanors to felony offenses. Convictions can lead to severe consequences, including imprisonment, fines, and mandatory registration as a sex offender. If you are facing sex crime charges, do not hesitate to contact The Law Offices of Mehdi Essmidi P.L.L.C. for a free consultation. With our experience and knowledge, we will fight to protect your rights and obtain the best possible outcome in your case. Call us today!
How are Sex Crimes Defined in New York City?
Sex crimes encompass a wide range of offenses involving non-consensual, forced, or exploitative sexual acts. In New York, sex crimes include but are not limited to rape, sexual assault, sexual abuse, child pornography, and statutory rape. The specific degree and classification of the charge generally depends on the circumstances and severity of the offense.
Defending Clients Who Are Facing Charges For A Sex Crime In NYC
There are several common defenses against sex crime charges in New York, including:
If the accused can demonstrate that the alleged victim consented to the sexual conduct, they may have a defense against the charges.
If the accused was misidentified as the perpetrator, they may have a defense against the charges.
Lack of Evidence
If there is insufficient evidence to support the charges, the accused may have a defense against the charges.
If the alleged victim made false accusations, the accused may have a defense against the charges.
Age of Consent
In some cases, an accused may argue that they 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 with an experienced criminal defense attorney.
What Is The Legal Definition Of a Sex Crime in New York?
In New York, sex crimes are defined as any criminal offense involving non-consensual sexual conduct or exploitation of another person. This includes a number of specific crimes as described below.
Sexual misconduct is a broad term that encompasses various lesser sex offenses. It is typically charged as a misdemeanor, but can still carry significant penalties if convicted.
Sexual misconduct is a class A misdemeanor.
New York City’s rape laws are governed by Sections 130.25, 130.30, and 130.35 of the Penal Law, which classify rape into three degrees. Third-degree rape (Section 130.25) involves non-consensual intercourse due to age or mental incapacity and is a class E felony. Second-degree rape (Section 130.30) occurs when engaging in non-consensual intercourse with a person under 15 or mentally disabled, classified as a class D felony. First-degree rape (Section 130.35) is non-consensual intercourse by forcible compulsion or with a person under 11 or 13 if the perpetrator is 18 or older, constituting a class B felony.
New York City’s Sexual Abuse laws, found in Sections 130.55, 130.60, and 130.65 of the Penal Law, classify these offenses into three degrees based on the severity and age limits. Third-degree Sexual Abuse (Section 130.55) involves non-consensual sexual contact due to age or mental incapacity, typically when the victim is under 17, and is a class B misdemeanor. Second-degree Sexual Abuse (Section 130.60) occurs when engaging in non-consensual sexual contact with a person under 14 or mentally disabled, classified as a class A misdemeanor. First-degree Sexual Abuse (Section 130.65) is non-consensual sexual contact by forcible compulsion, or with a person under 11, constituting a class D felony. Age limits play a crucial role in determining the severity of these offenses and the corresponding penalties.
Aggravated Sexual Abuse
New York City’s Aggravated Sexual Abuse laws, outlined in Sections 130.65A, 130.66, 130.67, and 130.70 of the Penal Law, classify these offenses into four degrees based on severity. Fourth-degree Aggravated Sexual Abuse (Section 130.65A) involves non-consensual insertion of a foreign object into the victim’s body, causing injury, and is a class E felony. Third-degree Aggravated Sexual Abuse (Section 130.66) occurs when non-consensual insertion of a foreign object is performed with a person incapable of consent, due to age or mental disability, and is a class D felony. Second-degree Aggravated Sexual Abuse (Section 130.67) involves non-consensual insertion of a foreign object by forcible compulsion, constituting a class C felony. First-degree Aggravated Sexual Abuse (Section 130.70) occurs when non-consensual insertion of a foreign object results in severe injury or when the victim is under 11 years old, and is a class B felony.
Criminal Sexual Act
New York City’s Criminal Sexual Act laws fall under Sections 130.40, 130.45, and 130.50 of the Penal Law, classifying these acts into three degrees. Third-degree (Section 130.40) involves non-consensual oral or anal conduct due to age or mental incapacity and is a class E felony. Second-degree (Section 130.45) is non-consensual oral or anal conduct with a person under 15 or mentally disabled, classified as a class D felony. First-degree (Section 130.50) is non-consensual oral or anal conduct by forcible compulsion or with a person under 11 or 13 if the perpetrator is 18 or older, constituting a class B felony.
Other Types of Sex Crimes
In addition to the sex crimes listed above, New York State law also covers a variety of other offenses, such as:
- Forcible Touching
- Persistent Sexual Abuse
- Course of Sexual Conduct Against a Child
- Female Genitalia Mutilation
- Facilitating a Sex Offense with a Controlled Substance
- Sexually Motivated Felony
- Predatory Sexual Assault
New York Sex Offender Registry
Under New York State law, individuals convicted of certain sex crimes are required to register as a sex offender. Once registered, their personal information is available to the public in the state’s online database. This can have serious impacts on employment prospects and other opportunities for those who must register.
Orders of Protection in Sex Crime Cases
Orders of protection may be issued in sex crime cases, even before a conviction. These orders can have significant consequences, such as prohibiting contact with the alleged victim, surrendering firearms, and facing re-arrest if accused of violating the order.
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. At The Law Offices of Mehdi Essmidi P.L.L.C., our NYC criminal defense attorney understands the complexities of sex crime charges in New York and will aggressively defend your rights and fight for the best possible outcome. Contact us today for a free consultation. We look forward to helping you protect your rights and freedom.