NYC Sex Crime Lawyer

New York City Sex Crime Attorney

Crimes of sexual assault, sexual abuse, and rape are viewed as some of the most serious and grave offenses in New York City. This view of sex crimes isn’t just held by the general public but backed by the severity of punishment that is imposed on these New York crimes. If you are accused of a sex crime in New York City, now is the time to seek legal representation from a local, New York City sex crimes lawyer at Koch Law.

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As with other criminal offenses in the state, including petit larceny, DUI, and drug charges, New York City police enforce the State of New York’s laws on sex crimes and sexually based offenses. These New York laws on sex crimes or sexual offenses criminalize a broad range of illegal activities. To most people, it comes as a surprise that the statutes in the same article of the New York Penal Code cover offenses ranging from rape and sexual abuse to female genital mutilation.

What all sex crimes have in common is an emphasis on the severity of the crime and severe punishment for conviction. Most sex crimes are felony offenses that carry a potential prison sentence of more than one, five, seven, or even 25 years in a New York State prison. Generally, the overall severity of the offense, as well as the age and condition of the victim, are the most important factors in determining the level of charges the defendant will face.

Any sex crime involving harm to a victim is likely to qualify for felony prosecution, especially if the victim is a minor. It is also possible to face prosecution for a sex offense that involves some form of public indecency or lewd acts performed in public view. Ultimately, many offenses can qualify as sex crimes, and the penalties are quite severe.

New York City Sex Crimes Lawyer

In New York City, the set of statutes that cover sex crimes are broadly referred to as sexual offenses. In all, there are in total 27 different statutes covering sexual offenses in New York. This is a higher number of statutes and offenses than covering robbery, information warfare, or computer fraud. The specific offenses that fall under these statutes cover all types and severity of sex crimes, including:

• Sexual misconduct is engaging in sexual intercourse without the person’s consent.
• Rape can be charged in the first, second, or third degree. The appropriate rape charge is determined by the actions of the alleged rapist and the identity of the victim:
• Rape in the third degree is having sexual intercourse with any person unable to consent because the victim is under the age of 17 or unable to consent for reasons of incapacity.
• Rape in the second degree is having sexual intercourse with any person unable to consent because the victim is under the age of 15 or incapable of giving consent due to a mental or physical disability.
• Rape in the first degree is having sexual intercourse with any person by forcible compulsion or when the victim is unable to consent because the victim is under the age of 11, the victim is under the age of 13 and the defendant over the age of 18 or is physically helpless.
• A criminal sexual act is engaging in oral or anal sex with a victim who is unable to give consent, for reasons of age, mental disability, or physical helplessness or is compelled to perform such sexual activity by forcible compulsion.
• Forcible touching is the act of intentionally or forcibly touching the genitals of another person without consent and for the purpose of degrading the victim or the sexual gratification of the defendant.
• Sexual abuse is sexual contact made without the consent of the victim. It is a more serious sex crime when sexual abuse is persistent or aggravated.
• The course of sexual conduct against a child is engaging in two or more acts of sexual contact with a victim under the age of consent in a period of three months or less.
• Facilitating a sexual offense with a controlled substance is when a defendant knowingly and unlawfully possesses a controlled substance with the intent to use such substance to commit a sexual offense found under the New York statutes.

Defense to Sex Crimes in New York City

A sex crimes lawyer at Koch Law starts defending your case the minute we take your call. Our experienced team will immediately schedule a time for a free and confidential conversation with our team. This conversation is called an initial consultation and is the ideal time for a New York City lawyer to learn about the facts and circumstances of your case.

A free consultation is also your opportunity to ask questions of our team at Koch Law. Anything that you find important to your defense is important to us, and before signing an engagement letter of paying a dime, we provide the opportunity to ask us your most pressing questions. Don’t go through the stress and uncertainty of a sex crimes trial without the support of a knowledgeable sex crimes lawyer at Koch Law.

In every criminal case in the United States, the prosecution has the burden of proving the defendant’s guilt beyond a reasonable doubt. This means that the evidence, witness testimony, and arguments they present in court must leave no room for any reasonable person to doubt whether they committed the offense. The defense attorney’s mission is to prevent this from happening or to mitigate their client’s sentence if conviction is unavoidable.

Your attorney can help you establish an alibi and present contradictory evidence if you have been accused of a crime you did not commit. If you did break the law, having an experienced defense lawyer on your side may lead to lighter penalties or reduced charges. Prosecutors are sometimes willing to offer plea deals to defendants to conserve court resources, but this is not a guarantee for every case. Your attorney can advise you on the most viable options for your situation.

Know Your Rights After an Arrest in New York City

The US Constitution includes two very important amendments that take effect upon an arrest for any criminal act. The Fifth Amendment protects against self-incrimination, preserving your right to remain silent if you are arrested for any crime. You have no obligation to make a statement to the police or answer any of their questions, regardless of what they may say to the contrary. The Sixth Amendment guarantees access to legal representation and a speedy trial.

Many people mistakenly assume that remaining silent during an arrest makes them appear more guilty or that it will work against them. When a person has been wrongfully arrested for a crime they did not commit, they may think they can explain their way out of the situation, not realizing that the police have no incentive to help them. It is always advisable to remain silent until you can speak with an attorney.

Your New York City sex crimes lawyer can review the details of your case and the police report from your arrest and determine your most viable defenses in this difficult situation. The police are required to read your Miranda rights upon arrest, and failure to do this is a major due process violation. Notify your attorney if this has happened or if you believe the police have violated your rights.

FAQs

It is important to act quickly to assert your constitutional rights after any arrest in New York City, especially for something as serious as a sex offense. The outcome of your case has the potential to impact your life in various ways for many years, and it is essential to do everything you can to build the most effective defense possible. Contact Koch Law, PLLC, and learn more about the legal services we provide and how we can help you with your case.

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