Definition of Aggravated Sexual Assault
Aggravated sexual abuse in the first degree is stated: (S 130.70) A person is guilty of this charge if he or she inserts a foreign object in any sexual orifice and causes an injury under one of several conditions: forcible compulsion; when the other person is helpless physically and unable to consent; or, when the victim is eleven years of age or less.
Aggravated sexual assault is a felony sexual crime covered by New York State law. Typical definition as a sexual assault that maims, wounds or disfigures the victim, aggravated sexual assault may also be distinct to include a sexual assault that is aided by another individual, occurs during commission of another crime or includes the use of a deadly weapon.
In addition to aggravated sex abuse one, there are three other degrees of severity, ranging from one to four. Fourth degree offenses are less serious in the penalty phase of a trial, but no less damaging to one’s criminal record. For purposes of obtaining a conviction, prosecuting attorneys will often offer a plea agreement which reduces the degree of severity, meaning they reduce your charge to a lesser degree. While this may seem like a good idea to some, remember that a sex charge will stay on your record forever.
Under no circumstances should you agree to a plea deal or talk to anyone except your attorney. If you are arrested, you should give name, date of birth, and address, but refuse to answer questions without an attorney present. This is a class B felony, and can carry a maximum sentence of 25 years in prison. Don’t make the mistake of talking or explaining before you speak to your lawyer.
Penalties for Sexual Assault in NY
In sex abuse cases, the percentage of convictions landed is high. This is partially due to suspects talking upon arrest. They feel the need to explain, or exonerate themselves, and they wind up getting in worse trouble. If you are innocent, keep it to yourself, and resist the urge to prove it. If you are culpable, it’s even more important to keep your mouth shut. Anything you say may be used to convict you later on.
Aggravated sexual assault is always a felony and often a felony in the first degree. Likely sentences vary from five to fifteen years in prison. If the victim is under sixteen, the minimum sentence increases to 25 years. Under certain circumstances, a maximum of life in prison is possible.
Whether to impose a sentence past the least and up to the extreme is normally the judge’s discretion in each case. The judge typically will contemplate issues such as the conditions and facts of the crime, the defendant’s previous illicit record, damage to the victim, personal data about the defendant, and whether the defendant displays any honest regret.
With the exception of a mandatory life sentence, the judge often will have the discretion to allow a person convicted of an aggravated assault to serve a percentage of the punishment on probation. Sex criminals also must join in mandatory treatment whether in jail or on probation and register with New York’s sex offender registration and notification program.
A sex criminal must offer his name, address and information about his wrongdoing to the sex offender registry. Some or all of that data is available to the community and can be retrieved on communal websites. Sex offender registration can have grave and life-long penalties for the offender, including problems in finding employment and housing.
It is paramount that you make the right decisions when you are arrested for any sex crime. You should refuse to make a statement until you have had counsel. You should also be sure that you choose an attorney that focuses on the complexities of sex abuse laws. Additionally, you shouldn’t choose an attorney based on flashy advertising. The only person that you can fully trust to act in your best interest is an attorney, so you should feel comfortable with whomever you choose.
Hiring a NYC Sexual Assault Lawyer
A sex abuse charge is not the end of the world, but it is not to be taken lightly. If there is a defense to be made, an attorney can help you formulate a plan to keep you from being convicted, or to help you get a fair trial. On your own, this is nearly impossible in today’s judicial system. The laws are convoluted and not always easy to interpret, and a specialist is needed in many cases.
At the Law Office of Bukh Law Firm, PLLC, our legal team has extensive experience defending those accused of third degree sexual assault in New York. If you have been charged with a sex crime, you should have the best representation possible.
Don’t trust your criminal record to a public defender! Call Law Office of Bukh Law Firm, PLLC 24 hours per day, 7 days per week.
