Let a NYC Defense Lawyer Help You Avoid Conviction As a Sex Offender
Definition of Sex Abuse Crime
SEXUAL ABUSE covers a wide range of crimes of forced sexual acts. These forced acts are non consensual and can be due to alcohol or drug incapacitation, mental disorder, order if the involvement of a minor. The most common form of sexual assault is rape, which is defined as forced sexual intercourse with another person. Sexual assault has become an issue on college campuses, which often have their own internal procedures for dealing with such accusations. If you are under suspicion of, or have been arrested on sexual abuse or sexual assault charges un NY, seek legal counsel from the best New York defense lawyer available.
Sexual abuse, or molestation, is forcing undesired sexual behavior on an unwilling person. When the force used is instant, of short interval, or uncommon, it is called sexual assault.
Spousal Sexual Abuse
Spousal sexual abuse is a procedure of domestic violence. When the abuse involved forced sex, it could constitute rape upon the other spouse and may also constitute an assault.
Penalties for Sex Abuse Convictions
Sexual Abuse is a very serious matter. Those convicted of sexual abuse must undergo a lifetime of Uncle Sam looking over their shoulders. In nearly all felony and misdemeanor cases, convicted sex abusers must fulfill registry requirements. It is also highly recommended to seek service of a New York divorce lawyer who will further advise about your civil case.
When it comes to sexual abuse, second and third degree offenses are misdemeanors, while first degree sexual abuse is a felony. According to New York Penal Code S130.55, sexual abuse charges can be brought up against anyone who has sexual contact with another person without their consent. In these cases, the issue is more about having sex with minors who are not of the age of consent. In order to be charged with third degree sexual assault, the child in question must be older than 14 and younger than 17 years old and the defendant shouldn’t be more than five years older than the victim.
While the New York courts see statutory rape as a lesser offense than other types of sexual abuse, it is still a very serious class B misdemeanor charge. If convicted, a fine of no more than $500 may be levied and is accompanied by no more than 90 days in jail. While this may seem like a slap on the wrist, there are other more serious consequences of being convicted of third degree sexual abuse, namely being required to register as a sex offender.
New York Sexual Abuse lawyer has a tough task to take off the charges
Second degree sexual abuse charges are a little more serious than third degree sexual abuse, and are accompanied by far more severe punishments. Sexual abuse in the second degree is the act of having sexual contact with someone who is unable to give their consent. This is not a statutory rape charge, but it is used in cases where a sexual crime is perpetrated against a child younger than 14. Sexual abuse against a mentally or physically disabled person without their consent is second degree sexual abuse and is a class A misdemeanor. Class A misdemeanors are punishable by a $1000 fine and up to one year in jail.
Sexual abuse in the first degree is a class D felony, and is a very serious crime. Unlike second and third degree sexual abuse, a first degree sexual abuse conviction is punishable by 2 to 7 years in prison and 3 years of probation.
A perpetrator has committed first degree sexual abuse when they have contact with an unwilling partner by forcible compulsion, when the partner or disabled physically or when they are unable to defend themselves physically, or when the sexual contact involves a child of less than 11 years of age. First degree sexual abuse is deeply frowned upon by peers, the justice system and fellow convicts in prisons. You should hire an attorney who is capable of passionately defending your rights.
Sexual abuse charges can be combined with other charges, and is usually doggedly pursued by the NYC District Attorney’s office. If you have been charged with a sexual abuse crime, call Law Office of Bukh Law Firm, PLLC 24 hours per day, 7 days per week. Take advantage of your right to remain silent until your attorney arrives.
You don’t want to go to jail and be a registered sex offender when you get out. Get help from a NYC criminal attorney to try to negotiate a plea deal or avoid conviction. Call 800-601-0207 right away.
