In recent years, there has been a huge influx of date rape drug cases. New York penal law S130.90 tells us that facilitation of a sex offense by using a controlled substance occurs when a person knowingly and unlawfully possess a controlled substance and use it to spike someone’s drink, or give them a controlled substance without their consent with the intent to have sex. If you have given someone the date rape drug, or any other drug, in the hopes it will help you commit a sex crime, you have committed a class D felony, which is punishable by 7 years in prison.
Not everyone charged with this crime is going to be found guilty, so whether you are innocent or guilty, your best course of action is to refuse to answer any questions until you talk to your New York sex crime attorney. You have this constitutional right, so exercise it. Many of those brought up to the court for sexually based crimes are convicted because the suspect confessed at the time of the arrest, or felt the need to explain. This is a huge mistake that can cost you your freedom, career, reputation, and possibly your family in the event of a conviction.
If arrested, ask to have an attorney present during questioning.
He or she will confer with you before an interrogation and tell you what to say. Never accept “deals” from police or prosecutor without consulting an attorney. Often, these deals include you pleading guilty
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Remember that the police have an obligation to protect the citizens, so if you are wrongly arrested, keep your dignity intact by acting responsibly from the beginning. Throwing a tantrum will definitely not help you in the end. However, your attorney is well versed in police procedure and legal statutes, and he or she will be the one that will ultimately help you through it.
Getting Charged with a Sex Crime with a Controlled Substance in New York
When it comes down to sex crimes, New York State is among the strictest in the nation. The sentences and penalties are even harsher when a controlled substance is involved.
Based on the severity of the crime, sexual offenses with controlled substances can bring anywhere from 1 to 25 years in federal prison.
The New York Code lays out the definition and penalties for a sexual crime committed with the use of a controlled substance. The code says that a person may be found guilty of a sex offense with a controlled substance for several reasons. Also, if you knowingly possess a controlled substance, compound or mixture with the determination of performing sexual acts with a non-consenting person, a person would be charged under a Class D felony.
Hiring a Competent Sex Crimes Attorney
The law is a complex, ever-changing entity. It is extremely difficult to correctly interpret the laws on your own, but the lawyers at Law Office of Bukh Law Firm, PLLC are highly skilled and trained in local and state laws. We are up to the task of leading you through the legal labyrinth and safely to the other side.
When you need to make a choice of an attorney, he or she should focus on sex crime defense, and have a proven track record. Don’t choose one based on advertisements. You want a competent attorney that has your best interests as the top priority. You may have a difficult road ahead, but a wise choice made at the right time can save you later.
If you have been charged with a sexually based offense, contact us today at (212) 729-1632 for free in-depth consultation.