The most common types of Sex Crime cases that my firm handles include Rape, Sexual Misconduct, Criminal Sexual Acts, Forcible Touching, and Sexual Abuse.
Is There A Specific Definition Of Sex Crime Under New York State Law?
Sex offenses in New York State are defined under Article 130 of the Penal Law as offenses that involve some form of sexual intercourse or sexual contact.
What Determines Whether A Sex Crime Is Charged At The Felony Level Or Misdemeanor Level?
Under New York State law, most sex offenses are felonies with the exceptions of Sexual Misconduct, Forcible Touching, Sexual Abuse in the Third Degree, and Sexual Abuse in the Second Degree. Whether a sex crime is prosecuted by federal or state authorities depends on whether the alleged actions are defined as crimes under federal or state law, and whether the person accused is arrested by a federal or state law enforcement agency.
What Steps Should Be Taken By Someone Who Has Been Arrested For A Sex Crime?
Someone who has been arrested for a sex crime should not speak to law enforcement and should refuse to consent to any DNA testing or search of their property. The client should be interviewed by their defense attorney as soon as possible so that a defense can be mounted and perhaps an alibi can be established.
What Are Possible Defense Strategies That Can Be Used In Sex Offense Cases?
A common defense is to show that the accuser actually consented to the sexual intercourse/sexual contact. As with any criminal charge, the case can be defended by demonstrating that the prosecution cannot prove guilt beyond a reasonable doubt. This can be accomplished by showing that the accuser is either lying or has mistakenly identified the defendant.
For more information on Sex Crime Offenses In the State Of NY, a free confidential consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 259-6060 today.