NYC Sex Crimes Attorney Unveils Assault Charges
Legal Definition of Sexual Assault
Sexual assault is a term that broadly refers to any unwanted sexual contact. Rape is generally considered the most serious type of sexual assault, but there are assault offenses that do not involve penetration. If you are charged with this crime, you should strongly consider contacting a New York sexual assault lawyer for help responding to charges. You could end up facing decades in jail and a lifetime as a registered sex offender if convicted, so you owe it to yourself to get legal help.
Contact Bukh Law Firm, PLLC, to learn about your options after an accusation of sex assault.
Sexual Assault Laws in New York
New York laws on sex offenses are found in Article 130. Sexual behaviors that could be classified as sex assault under this Penal Code Article include:
- Sexual misconduct: Engaging in sexual intercourse, oral or anal contact without consent, or with an animal or a dead human. This offense is a Class A misdemeanor under Penal Code Section 130.20.
- Third degree rape: Sexual intercourse with someone unable to give consent for some reason other than age or incapacity; or intercourse when over age 21 with someone under 17 who cannot give consent by virtue of age. This is a Class E felony under Penal Code Section 130.25.
- First degree rape: Forced sexual intercourse, sexual intercourse with a physically helpless person who cannot consent, intercourse with someone under 11, or sexual intercourse by an 18 year old with someone under 13. This is a Class B felony under Penal Code Section 130.35.
- Criminal sexual acts: Oral, anal or vaginal penetration with someone who is too young, with someone who cannot consent, or through the use of force. When force is used, you can be charged with a criminal sexual act in the first degree and face Class B felony charges under Penal Code Section 130.50.
Other sexual assault offenses could include forcible touching; persistent sexual abuse; first, second or third degree sexual abuse; aggravated sexual abuse; female genital mutilation; giving someone a controlled substance to facilitate a sex offense; or any sexually motivated felony.
A New York sexual assault attorney can represent you in arraignment when you learn what crimes you have been charged with, and can help you decide which plea option is right for you.
Federal Sexual Assault Laws
There are certain sexual behaviors that the federal government has also made illegal. While many sexual assault crimes are tried in New York State, you could also face prosecution by a U.S. Attorney and be sentenced to federal prison if convicted of a federal offense.
Federal laws impose harsh penalties for sexual assault. For example U.S. Code Section 2242 imposes a potential penalty of life in prison for causing someone to engage in sexual acts by threatening the person and putting him in reasonable fear that he or someone else will be seriously injured or killed for not cooperating. Engaging in a sex act with someone who is incapable of understanding the conduct or who is physically incapable of saying no is also considered a felony with the potential for life imprisonment.
How a NY Sexual Assault Lawyer Can Help
When you have been accused of sex assault and charged with a state or a federal crime, there are defenses available to you. You must be considered innocent until your guilt is proved beyond a reasonable doubt. A New York sexual assault defense attorney can help you to present defenses including consent, mistaken identity or malicious accusations. If you do not wish to go to trial, your attorney can also try to negotiate a plea deal with the prosecutor on your behalf to reduce penalties associated with admitting guilt.
Bukh Law Firm, PLLC has extensive experience representing clients accused of sex assault offenses. Call today to schedule a consultation with a competent lawyer who can help with your case.
