NYC Sexual Assault Lawyer
Experienced Sexual Assault Lawyer in NYC
Being falsely accused of a sexual offense is one of the most harrowing experiences one can ever imagine. Even if cleared of sexual assault charges in New York, the harm to one’s reputation may linger for many years’ time. But you will likely not be much concerned with your standing in the community if you are found guilty of a sex crime — there are far more severe consequences that result from a sex crime conviction. Given their nature, accusations involving sexual assault are taken most seriously by prosecutors and detectives. Unless skillfully defended against by an NYC sexual assault lawyer, one may find themselves not only heading off to prison but with the obligation for the rest of their lives to be registering as a sexual offender. If ever there was one area of the criminal law where having the right criminal defense attorney can make all the difference in the world, it is with sex crime charges. Only by hiring the very best counsel, one with decades of experience in winning strategies to employ in these sensitive cases, can you be assured of having the best chance of leaving court with a clean record — and your reputation intact.
NYC sexual assault lawyer Fred Sosinsky is a uniquely talented trial lawyer who has 30 years of expertise in defending those accused of sex offenses in New York courts. During this time, Fred has represented clients in sex offense cases which have captured the bright glare of the media and others which have quietly avoided the public eye. Time and again, Fred has encountered cases built upon weak and manufactured evidence of sexual assault featuring false and exaggerated claims. He has won jury verdicts by demonstrating that an event described as non-consensual and forceful was instead fully consensual or by showing that the event simply never occurred. By thoroughly investigating and aggressively litigating sex crimes allegations, there may not even be a need for a trial: Fred has been able to persuade prosecutors in sex crimes cases to dismiss these charges where serious issues have been raised concerning the credibility of the accuser and lack of corroboration for a claim.
Types Of Sex Crime Charges In New York City
While all crimes involving sexual abuse or assault are very serious matters, the severity of these crimes ranges from the lowest misdemeanor to the highest felony offense. Obviously, the punishment for a conviction for any of these charges may include, or depending on the degree of the offense, require, a jail or prison sentence — in addition to a sex offender registration obligation. It is thus critically important to understand the various sexual offenses punishable under New York law and what a guilty plea or verdict may lead to. Luckily, a veteran NYC sexual assault lawyer will be able to guide you to the best possible defense for your specific circumstances.
Ability to Consent/Lack of Consent in New York
In order to understand the laws of sexual assault and abuse, it is first necessary to consider the issue of “consent” to a sexual act and “lack of consent” to such an act. In New York, it is required for every sexual offense that the prosecution prove that the sexual act was committed without the consent of the other person. Generally, lack of consent may be established from proof of use or threats of use of “forcible compulsion” to engage in a sexual act or from the legal “incapacity” of the other person to consent. The topic of consent can often lead to a “he said she said” dilemma, which is why it’s so critical to have an NYC sex crimes lawyer by your side who can guide you on the best approach during these situations.
“Incapacity” means that under the law, the other person is not capable of consenting to the sexual act due to the age, mental impairment, impairment from the use of alcohol or drugs of the other person or due to the status of the person and the accused. Thus, if the other person is under the age of 17 — the age of consent in New York — they are incapable of voluntarily consenting to a sexual act in New York. If the other person is “mentally disabled” due to disease or defect or “mentally incapacitated” through involuntary use of drugs or alcohol, they are incapable of consent. If the other person is “physically helpless” they too are incapable of consenting to a sexual act in New York. “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act. Finally, there are certain categories of persons who are deemed incapable of consent due to their status of being either incarcerated, hospitalized, or otherwise under the care and control or treatment of certain officials or licensed professionals. Thus, a person is incapable of consenting to a sexual act if they are an inmate in a jail or prison or on parole and the accused works for the state, if they are in a residential or developmental treatment facility and the accused is employed there or if they are a patient of a medical provider and the accused is their provider. It’s clear that there are many avenues and scenarios that determine how a sexual assault charge ultimately turns out but having an NYC sexual assault lawyer representing gives you the best chance to beat or mitigate the severity of the charges.
There are additional circumstances under New York law where a person is also deemed to have lacked consent to a sexual act. These circumstances come into play depending on the sexual offense charged. For example, where the crimes of Sexual Abuse or Forcible Touching are charged, lack of consent may also be proven by any circumstances in which the other person has not expressly or impliedly acquiesced in the accused’s conduct. Where the crimes of Rape in the Third Degree or Criminal Sexual Act in the Third Degree are charged, lack of consent may be proven by circumstances under which, at the time of the sexual act, the other person “clearly expressed that he or she did not consent to engage in such activities and a reasonable person in the accused’s situation would have understood such words or actions as a lack of consent.”
Statutory Defenses To Sex Crimes in New York
Under New York law, where the lack of consent to a sexual act is based on the claimed inability of the other person to consent due to the physical helplessness, mental disability, or mental incapacitation of such other person, the accused has an “affirmative defense” to such a crime if he or she did not know of the facts or conditions responsible for such incapacity to consent.
It is also an “affirmative defense” to sex crimes charges brought against health or mental health care providers that the client or patient consented to such conduct charged after having been expressly told by the provider that such conduct was not performed for a valid medical purpose.
Misdemeanor Sex Crimes in New York
There are a number of misdemeanor sexual offenses in New York, all of which are quite common. Although these misdemeanors may be common, the penalties associated with these charges are no laughing matter. Hiring an experienced NYC sexual assault lawyer is the first step anyone facing sexual assault charges in New York should take.
Types of Misdemeanor Sex Crimes in New York
There are a number of misdemeanor sex crimes in New York, and understanding the difference between a misdemeanor and a felony sex crime could significantly impact your life. Although misdemeanors are common and do not hold outrageously harsh penalties, many times the opposing counsel will attempt to upgrade a misdemeanor into a felony depending on the circumstances. It’s often common to see other charges tacked onto a misdemeanor if applicable, for example, domestic violence charges. In these cases, it’s critical to have an NYC sexual assault attorney by your side to mitigate and argue against these claims to your benefit.
Sexual Misconduct
Sexual Misconduct is a Class A misdemeanor punishable by up to one year in jail. A person may be charged with Sexual Misconduct in New York when he or she engages in sexual intercourse, oral sexual conduct, or anal sexual conduct with another person without their consent. You may also be charged with this crime when you engage in sexual conduct with an animal or a dead human.
Forcible Touching
Forcible Touching is a Class A misdemeanor punishable by up to one year in jail. A person may be charged with Forcible Touching in New York when he or she intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor’s sexual desire; or when he or she subjects another person to sexual contact for the purpose of gratifying the actor’s sexual desire and with intent to degrade or abuse such other person while such other person is a passenger on a government-authorized public or private bus, train, or subway car.
Sexual Abuse in the Third Degree
Sexual Abuse in the Third Degree is a Class B misdemeanor punishable by up to 90 days in jail. A person may be charged with Sexual Abuse in the Third Degree in New York when he or she subjects another person to sexual contact without the latter`s consent. However, if the other person is older than fourteen years old but less than seventeen years old and therefore incapable of consenting to sexual contact due to his or her age and the accused is less than five years older than such other person, the accused will have what is called an affirmative defense to this charge. A Manhattan sexual assault lawyer will be able to best explain what all of this means and the best way to approach your defense against third-degree sexual abuse charges.
Sexual Abuse in the Second Degree
Sexual Abuse in the Second Degree is a Class A misdemeanor punishable by up to one year in jail. A person may be charged with this offense when he or she subjects another person to sexual contact and when the other person is incapable of consent for a reason other than being less than seventeen years old, or is less than fourteen years old.
Felony Sex Crimes in New York
New York has a long list of sex offenses that are prosecuted as serious felony crimes, each of them punishable by prison sentences and with onerous sex offender registration requirements. These charges are especially serious and can alter the trajectory of one’s entire life if found guilty to the maximum severity. Creating a defense plan with a highly regarded NYC sexual assault lawyer will provide you with the best opportunity for a positive outcome.
Rape in the Third Degree
Rape in the Third Degree is a Class E felony punishable by up to four years in state prison. A person may be charged with Rape in the Third Degree in New York when he or she engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than seventeen years old, or he or she engages in sexual intercourse with another person who is less than seventeen years old where the accused is at least twenty-one years old, or he or she engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.
Rape in the Second Degree
Rape in the Second Degree is a Class D violent felony punishable by up to seven years in prison. A person may be charged with Rape in the Second Degree in New York when he or she is at least eighteen years old and engages in sexual intercourse with another person less than fifteen years old, or he or she engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. If the accused was less than four years older than the underage person with whom they had intercourse, this provides the accused with an “affirmative defense” to this crime.
Rape in the First Degree
Rape in the First Degree is a Class B violent felony punishable by up to 25 years in state prison with a mandatory minimum sentence of five years in prison. A person may be charged with Rape in the First Degree in New York when he or she engages in sexual intercourse with another person by forcible compulsion, or engages in sexual intercourse with a person who is incapable of consent by reason of being physically helpless, or engages in sexual intercourse with a person who is less than eleven years old or engages in sexual intercourse with a person who is less than thirteen years old and the actor is eighteen years old or more. This crime is very serious and should only be trusted to be handled by a top NYC sex crime lawyer.
Criminal Sexual Act in the Third Degree
Criminal Sexual Act in the Third Degree is a Class E felony punishable by up to four years in state prison. A person may be charged with Criminal Sexual Act in the Third Degree in New York when he or she engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than seventeen years old, or he or she engages in oral sexual conduct or anal sexual conduct with another person who is less than seventeen years old where the accused is at least twenty-one years old, or he or she engages in oral sexual conduct or anal sexual conduct with another person without such person`s consent where such lack of consent is by reason of some factor other than incapacity to consent.
Criminal Sexual Act in the Second Degree
Criminal Sexual Act in the Second Degree is a Class D felony punishable by up to seven years in state prison. A person may be charged with Criminal Sexual Act in the Second Degree in New York when he or she is at least eighteen years old and engages in oral sexual conduct or anal sexual conduct with another person less than fifteen years old, or he or she engages in oral sexual conduct or anal sexual conduct with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated.
If the accused was less than four years older than the underage person with whom they had oral sexual conduct or anal sexual conduct, as is the case with the crime of Rape in the Second Degree, this too provides the accused with an “affirmative defense” to this crime.
Criminal Sexual Act in the First Degree
Criminal Sexual Act in the First Degree is a Class B violent felony that is punishable by up to 25 years in state prison and a mandatory minimum sentence of five years in prison. A person may be charged with Criminal Sexual Act in the First Degree in New York when he or she engages in oral sexual conduct or anal sexual conduct with another person by forcible compulsion; or engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of being physically helpless; or engages in oral sexual conduct or anal sexual conduct with a person who is less than eleven years old; or engages in oral sexual conduct or anal sexual conduct with a person who is less than thirteen years old and the actor is at least eighteen years old.
Sexual Abuse in the First Degree
Sexual Abuse in the First Degree is a Class D violent felony punishable by up to seven years in state prison. A person may be charged with Sexual Abuse in the First Degree in New York when he or she subjects another person to sexual contact by forcible compulsion, or subjects another person to sexual contact when the other person is incapable of consent by reason of being physically helpless; or subjects another person to sexual contact when the other person is less than eleven years old; or subjects another person to sexual contact when the other person is less than thirteen years old and the actor is twenty-one years old or older.
Aggravated Sexual Abuse in the Fourth Degree
Aggravated Sexual Abuse in the Fourth Degree is a Class E felony punishable by up to four years in state prison. A person may be charged with Aggravated Sexual Abuse in the Fourth Degree in New York when he or she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person and the other person is incapable of consent by reason of some factor other than being less than seventeen years old; or he or she inserts a finger in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than seventeen years old. Contact an NYC sexual assault attorney right away if you’re facing sexual abuse charges.
Aggravated Sexual Abuse in the Third Degree
Aggravated Sexual Abuse in the Third Degree is a Class D violent felony punishable by up to seven years in state prison. A person may be charged with Aggravated Sexual Abuse in the Third Degree in New York when he or she inserts a foreign object in the vagina, urethra, penis, rectum, or anus of another person by forcible compulsion; or when the other person is incapable of consent by reason of being physically helpless; or when the other person is less than eleven years old; or when he or she inserts a foreign object in the vagina, urethra, penis, rectum or anus of another person causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.
Aggravated Sexual Abuse in the Second Degree
Aggravated Sexual Abuse in the Second Degree is a Class C violent felony punishable by up to fifteen years in state prison with a mandatory minimum sentence of three and one-half years in prison. A person may be charged with Aggravated Sexual Abuse in the Second Degree in New York when he or she inserts a finger in the vagina, urethra, penis, rectum, or anus of another person causing physical injury to such person by forcible compulsion; or when the other person is incapable of consent by reason of being physically helpless; or when the other person is less than eleven years old.
Aggravated Sexual Abuse in the First Degree
Aggravated Sexual Abuse in the First Degree is a Class B violent felony punishable by up to 25 years in state prison with a mandatory minimum sentence of five years in prison. A person may be charged with Aggravated Sexual Abuse in the First Degree in New York when he or she inserts a foreign object in the vagina, urethra, penis, rectum, or anus of another person causing physical injury to such person by forcible compulsion; or when the other person is incapable of consent by reason of being physically helpless; or when the other person is less than eleven years old.
Sex Offender Registration Act (SORA)
In New York, if you are convicted of most sex offenses, not only will you likely be facing a state prison sentence but also the requirement that you be registered as a Sex Offender with law enforcement upon release from custody. NYC sexual assault lawyer Fred Sosinsky has helped countless people accused of sex crimes avoid this list as a result of his years of experience and understanding the best way to handle these types of cases in the New York courts. A person convicted of a sexual offense will have a court hearing at which his or her “risk level” to recidivate will be assessed and a determination made as to how long registration will be mandated and what information about your residence, employment, and other such matters must be disclosed to the police. Depending on the decision made by the Court, you may be required to register and report for 20 years or for the rest of your life. You may be restricted in where you may live and whether you may be around minors. And members of the public may be able to search for your name on a sex offender database. SORA hearings and appeals are therefore very important matters for you and for your family.
In addition to the sex crimes discussed on this page, there are many other offenses convictions of which will subject the offender to sex offense registration requirements. These include child pornography charges, unlawful surveillance, sex trafficking, promoting prostitution just to name a few. Because of the SORA implications of any sex crime conviction, you should retain an attorney who is keenly knowledgable regarding the registration requirement laws in NY so that, together, you can chart the best path forward. Often enough, if a case must be resolved by plea, NYC sex crime lawyer Fred Sosinsky has been able to work deals in such a way that the crime pled to is not one mandating SORA registration.
Contact the Top NYC Sexual Assault Lawyer Now
Sexual assault crimes are serious matters and should be treated as such. Something that may have seemed harmless at the time can quickly turn into a felony and your name added to the New York sex offenders list. Without the right representation from an NYC sexual assault lawyer, you’re leaving yourself vulnerable to potential life-changing events due to a lack of experience and knowledge in the courtroom. Contact Fred Sosinsky today for a free case review and to begin planning your defense.
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