Sex Crime Defense | Talk to a New York Sex Crimes Lawyer
Being accused of a sex crime in New York is a very serious offense. The penalties for a sex crime conviction can include a lengthy prison sentence as well as the social stigma of the charge. As a result, it is important that you work with an experienced New York sex crimes lawyer if you have been charged with the crime so that you quickly learn your options and defenses.
For over 27 years, New York attorney Frederick L. Sosinsky has represented defendants accused of the most heinous sex crimes. Sex crimes can be very difficult and challenging, and Mr. Sosinsky has had a remarkable success in getting his clients favorable results regardless of how bad the facts initially appear.
Types of Sex Crimes in New York
There are many different types of sex crimes in New York with varying degrees of seriousness. Some of the more common types of sex crimes that you may be charged with include:
- Rape. Rape is one of the most serious sex crimes and typically involves penetration of the genitals. The circumstances surrounding a rape such as use of a weapon and physical violence in the commission of the rape may significantly upgrade the penalties you face.
- Statutory Rape. Even if sexual contact is consensual, someone may be charged with statutory rape if the victim is younger than a certain age. The law presumes that individuals of a certain age are too young to give consent especially if the defendant is already an adult.
- Sexual Assault. Sexual assault is a broad category of sex crime that is generally defined as sexual contact with someone against that person’s will. An attorney can explain to you that sexual assault can cover crimes like sexual touching or contact as well as crimes like forcible rape.
- Public Indecency. Public indecency generally involves exposing oneself or performing other sexual and crude acts in public. This crime does not necessarily have to involve sexual contact. The penalties for public indecency may rise if the act occurred around children or on school grounds.
- Child Pornography and Internet Sex Crimes. Possibly the fastest growing type of sex crime, individuals may face criminal penalties for child pornography even if there is no sexual contact. Generally, the act of possessing child pornography can be enough to support a criminal conviction. Additionally, many individuals may face federal charges as well because child pornography is oftentimes distributed over the Internet and across state lines.
- Failure to Register as a Sex Offender. If you have been previously convicted of a sex crime, you may have been required to register as a sex offender. Failure to register is considered a serious crime, and you may face felony charges.
Defenses to a Sex Crime
Just because you have been charged with a sex crime, you should know that you are not automatically presumed to be guilty. Instead, prosecutors bear the burden to prove guilt. Some of the most common defenses to a sex crime include the following. Keep in mind that a criminal defense is very specific to your case, and you will want to talk to a New York sex crimes lawyer to learn the right defenses for you.
- Innocence. The simplest defense to any criminal charge is innocence. Prosecutors have the burden of proving beyond a reasonable doubt that you committed the crime. Some ways that a criminal defense attorney can help establish your innocence include introducing evidence that you were at a different location at the time of the crime, that you are misidentified and don’t fit the description of the perpetrator or that there is exonerating DNA evidence.
- Consent. Perhaps the most controversial defense to a sex crime is the defense of consent. With this defense, you are essentially admitting to the sexual act but arguing that the alleged victim consented to the conduct. In most sex crimes, one of the elements that the prosecutor must prove is that the act occurred against the victim’s will. If you can establish consent, the charge will most likely be dropped.
- Insanity and Mental Incapacity. Another key element for most sex crimes is to show that the defendant had the mens rea or intent to commit the crime. If the defendant suffers from insanity or some other mental incapacity, the defendant may not have the right criminal mindset to be found guilty of the crime. For example, an individual suffering from a mental condition that prevents them from understanding right from wrong may have a valid defense to a sex crime charge or could have a reduction in penalty.
You should know that the defenses to a sex offense are very fact-specific. There are usually a large number of possible legal defenses. With the help of an experienced attorney, you can examine the critical issues in your case and examine the best possible defenses. Mr. Sosinsky has had over two decades experience helping sex crime defendants and he can help determine the best defenses for you. Mr. Sosinsky knows how to aggressively investigate the facts brought against you and to look at every possible avenue.
Contact a New York Sex Crimes Lawyer
If you or someone you know has been charged with a sex crime in New York, it is imperative that you contact an experienced New York sex crimes lawyer as soon as possible. To discuss the specifics of your case with criminal defense attorney Frederick L. Sosinsky, call 212-285-2270. If you need help after regular business hours, call Mr. Sosinsky’s emergency line at 917-749-4420.