New York City Sex Crime Defense Lawyer
Defense Against Sex Crime Allegations and Charges
A sex crime may be defined as any type of sexual act that is prohibited under state and/or federal law. Many of these offenses involve forced or unwanted sexual activity or intercourse, such as rape or sexual abuse, but there are also sex crimes that do not involve the use of force or threats. Sex with a minor and child pornography are examples of these. Although sex crimes vary widely in nature and severity, they all hold one thing in common: they will have a considerable impact on the life of the accused.
When it comes to a sex offense, accusations alone have the power to ruin a person's reputation, personal relationships and even livelihood. Formal criminal charges can be disastrous, lending a sense of validity to the alleged victim's claims and even attracting the attention of the media. A defendant may face imprisonment, fines and lifetime registration as a sex offender if convicted.
The serious nature of a sex crime requires equally serious legal attention from a skilled criminal defense lawyer. If you have been arrested or even have been informally accused of a sex offense of any kind, involving a legal professional may be the best thing you can do to protect yourself from what's to come. Serving all of New York City, the team at Musa-Obregon & Associates can provide the level of insight and representation you need at any stage of a sex crime case. The attorneys at the firm have more than 50 years of experience and are committed to fighting for defendants' rights in the face of the gravest of criminal charges.
Sex Crime Information & Insight
You can learn more about sex crimes in New York by reviewing the following subjects:
It is illegal to produce, distribute, sell, download, possess or view pornographic images or videos involving children. Under New York law, child pornography possession alone is a serious offense that may be charged as a class E felony. Depending on the amount of materials and whether the defendant is accused of possession, distribution or production of such materials, varying charges and penalties may be enforced.
This is an informal name for a type of rape that occurs between people who are friends, acquaintances or are in a romantic relationship. Many cases of date rape include one or both parties under the influence of alcohol or allegations of drug use, and this can make it difficult to discern whether the alleged victim gave consent.
Rape is a sex crime that involves forced or nonconsensual sexual intercourse. Though many may associate the term "rape" with forcible intercourse, a person may face rape charges for having intercourse with a person who is unconscious, under the influence of alcohol or drugs or of diminished physical/mental capacity and therefore unable to consent.
Sex with a Minor
An adult who is accused of having sex with a minor may face rape charges under New York law, even if the minor agreed to or even initiated the act. According to the law, a minor is below the legal age of consent and therefore cannot legally consent to sexual intercourse with an adult. Depending on the age of the minor versus the age of the adult, varying penalties may apply.
There are various types and degrees of sexual abuse defined in NYS Penal Code §§ 130.53-70. The general definition of sexual abuse is engaging in a sexual act with another person without consent. Depending on the age of the alleged victim and the age of the alleged offender, and whether a pattern of abuse was involved, various penalties may be enforced.
Sex Offender Registration
In addition to facing jail or prison time and fines, sex offender registration is one of the most serious penalties imposed upon defendants convicted of sex crimes. Sex offenders may not be able to live or work within a certain distance of playgrounds, schools or other properties and may not even be able to come near these places. They must also register with law enforcement on a regular basis and can be found in national registries. Sex offender registration can affect every area of a person's personal and professional life.
Penalties for Sex Crimes in New York
The penalties for a sex crime will vary depending on the nature of the offense and a number of other factors, such as the age of the accused versus the age of the victim and whether the defendant has been convicted of a sex crime in the past. Under New York State Penal Code Article 130, sex offenses may be classified as misdemeanors or felonies, with penalties ranging from a short term in county jail to life in prison. Alleged sex crimes against minors and children or that involve physical violence are likely to incur the harshest penalties.
Some sex crimes are also categorized as federal crimes, typically if state lines or national borders are crossed or offenses are committed in multiple states. Child pornography is one example of a sex crime that may be investigated and prosecuted by federal agencies and personnel. When charged as federal crimes, sex offenses are likely to carry increased penalties and prison terms.
Fight Your Charges with a Criminal Defense Attorney
Do not let your future, your reputation and your personal relationships be put in jeopardy because of sex crime allegations or charges. Involve a legal professional immediately and you will have the power to fight back, to prove your good character and to seek the best possible outcome in your case. Contact a New York City sex crime defense attorney today.