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We are an elite criminal defense law firm, that emphasizes providing the best service and professionalism to all clients. We service a curated clientele nationwide – that expect the best from their lawyer. We handle tough criminal defense and legal situations that require deep knowledge, experience, dedication, and excellence in order to win. We have over 50 years of combined experience, handling national and international cases.

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The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.

 



NYC Aggravated Sexual Abuse Lawyers

If you’re charged with aggravated sexual abuse, you need to hire an attorney immediately. Our NYC criminal attorneys have over 50 years of combined experience, helping innocent clients get the justice they deserve in order to protect their future. Sexual assault, or rape – means forcing sexual intercourse, sodomy, or other forms of sexual relations against a person’s will and without the person’s consent.

Aggravated sexual assault or rape, is a more serious form of the crime of rape or sexual assault. Typically, it is considered aggravated because the circumstances or the injury are considered aggravated or serious. Circumstances which distinguish aggravated from non-aggravated vary from state to state. The following are common circumstances that elevate the crime of sexual assault, to an aggravated offense:

-assailant uses, displays, or threatens, the victim with a deadly weapon

-offender causes injury, or severe disfigurement, or disables the victim

-assailant acts with indifferent to human life during the assault

-assailant tries to kill the victim, or another person, during the assault

-assailant is aided or commits it, with other people helping

-assailant uses a rape drug

 

One of the first things a prosecutor will try to prove – is that there was no consent from the victim. Our job, as your criminal defense lawyers, is to prove you had consent and everything happened with proper permission. In some states, minors under the age of 14, or 15, depending on the state, are considered incapable of consent. In some states, sex with a minor over a certain age is only a crime of the offender is older than the minor by a certain number of years.

Penalties for Aggravated Sexual Assault

Because this is a more serious crime than sexual assault, the possible penalties are severe. The crime is a huge felony, and is often a felony in the first degree. Possible sentences for the crime can range from 5 to 15 years in prison. If the victim is under the age of 16, the minimum sentence increases to 20 and 25 years. In many states, aggravated sexual assault also carries a life sentence under certain circumstances. The judge has immense discretion on how many years the sentence should be. The judge will typically consider a lot of circumstances and details of the crime, in addition to the past criminal record, the amount of injuries to the victim, and all the information possible about the defendant.

Probation

Judges often have the ability to allow a convicted person to serve a portion of his sentence on probation. While on probation, the offender can be supervised by a probation officer, and is required to obey specific rules. That means submitting to random drug testing, peforming community service, and surrendering all of your weapons.

Sex Offender Registration

Any crime which involves an act of sexual penetration – requires the offender signup for the offender register. You must register with your state’s sex offender program. It’s rare for a judge to not force you to do this. You have to provide your name, address, etc, to the sex offender registry.

New York Penal Code 130.70: Aggravated Sexual Abuse in the First Degree

Aggravated sexual abuse in the first degree is considered a particularly heinous crime in the state of New York. according to the New York penal code, aggravated sexual abuse in the first degree is a class B felony. The punishment upon conviction for this crime can be severe.

Elements of Aggravated Sexual Abuse in the First Degree

A person can be charged with aggravated sexual abuse in the first degree if he or she injures someone else by inserting a foreign object of some type into a victim’s vagina, penis, urethra, anus, or rectum. The law requires the victim to be physically helpless at the time of the sexual assault. The law also applies if the victim is less than 11-years of age.

Force represents an example of rendering a victim physically helpless. An unconscious individual, or a person under the influence of some type of mind-altering substance, represent incidents in which a person is physically incapacitated or helpless.

Examples of Aggravated Sexual Abuse in the First Degree

An example of aggravated sexual abuse in the first degree undertaken by force would be a situation in which a man physically assaults a woman and forces a foreign object into her vagina in the process. An alternative examples involves a man who slips a woman a so-called date-rape drug. Once the victim is unconscious, the perpetrator places a foreign object into the victim’s vagina.

Sentence for Aggravated Sexual Abuse in the First Degree

As noted previously, aggravated sexual abuse in the first degree is a serious crime. Upon conviction, a person faces the prospect of upwards to 25 years in prison. Because this is classified as a violent offenses, even a person with no criminal history faces a mandatory minimum sentence of five years upon conviction for aggravated sexual abuse in the first degree.

Following a prison term, a person is also required to serve a mandatory term of probation, according to the New York Penal Code. In addition, an individual will have to register for the New York sex offender’s registry. At a minimum, a person will be required to submit to the registry for at least 20 years. Oftentimes, a person is required to register for a lifetime.

Defenses to Aggravated Sexual Abuse in the First Degree

NYC criminal lawyers strive to develop effective defenses in aggravated sexual abuse in the first degree cases. These can be challenging cases to defend.

With that noted, one defense to aggravated sexual abuse in the first degree is consent. If a defense attorney can demonstrate that the alleged victim consented to the contact, a charge of aggravated sexual abuse in the first degree can be defended.

The statute of limitations may also provide a defense to aggravated sexual abuse in the first degree. In New York state, a charge of aggravated sexual abuse in the first degree must be filed against an alleged perpetrator within a specific period of time. If that time period has passed, an individual no longer can be prosecuted for the crime.

A criminal defense lawyer can explain the statute of limitations in specific detail. In addition, a lawyer can explain other possible defenses in a aggravated sexual abuse in the first degree case.

The first step in retaining legal counsel is scheduling what is called an initial consultation with an experienced lawyer. During an initial consultation, a lawyer provides a case evaluation. Counsel also provides answers to a prospective client’s questions. As a general practice, there is not legal fee charged for an initial consultation with an attorney regarding a aggravated sexual abuse in the first degree charge.

New York Penal Code 130.67: Aggravated Sexual Abuse in the Second Degree

Aggravated sexual abuse in the second degree is a felony sex crime According to the New York penal code. Aggravated sexual abuse in the second degree is classified as a class C felony, according to the New York Penal Code.

Elements of Aggravated Sexual Abuse in the Second Degree

There are a number of elements associated with the crime of aggravated sexual abuse in the second degree. This crime is distinguished from rape because rape specifically involves sexual intercourse. On the other hand, aggravated sexual abuse in the second degree involves the insertion of a finger into a vagina, urethra, penis, rectum, or anus. The second degree derivation of this crime specifically involves the use of a finger in perpetrating the crime.

There are three situations in which aggravated sexual abuse in the second degree can occur. First, aggravated sexual abuse in the second degree can occur by force. Second, the crime can be committed is a victim is physically helpless. Finally, can be committed on a person who is not of an age to give consent.

Examples of Aggravated Sexual Abuse in the Second Degree

An example of aggravated sexual abuse in the second degree is a situation in which a man and women have been drinking. The woman passes out from intoxication. After this occurs, the man inserts a finger in the woman’s vagina while she is unconscious.

Another example of aggravated sexual abuse in the second degree occurs when an adult places a finger the vagina of a minor child. There need not be overt force or a physically helpless victim for this crime to occur with a minor child. The child’s legal inability to consent is enough to warrant prosecution.

Defenses to Aggravated Sexual Abuse in the Second Degree

There are some defenses that can be mounted by an NYC criminal attorney in a aggravated sexual abuse in the second degree. A basic, potential defense to this crime is consent. If an alleged victim consented to the conduct that otherwise would constitute the crime of aggravated sexual abuse in the second degree, a person has a valid defense if charged.

If a finger is inserted into one of the defined orifices described in the law as part of a medical procedure or examination, that is a defense. In addition, the statute of limitations may provide a defense to aggravated sexual abuse in the second degree.

According to the New York Penal Code, a person alleged to have committed the crime of aggravated sexual abuse in the second degree must be charged within a specific time period. If no charges are brought during that time period, a person has a strong defense against prosecution.

A skilled, experienced NYC criminal lawyer will provide a person with a case evaluation. This is done at an initial consultation. Generally, no attorney fee is charged for an initial consultation.

Sentence for Aggravated Sexual Abuse in the Second Degree

The maximum prison term to which a person charged with aggravated sexual abuse in the second degree can be sentenced is 15 years. Depending on a person’s criminal history, he or she may face a mandatory minimum sentence of 3.5 years.

Probation is a possibility in a case, particularly if a person has no prior criminal history. Probation would likely be 10 years.

A person will also be obligated to register with the New York state sex offender registry. A person may be required to register for anywhere from 20 years to life. The length of the registration period depends on a person’s criminal history, the nature of his or her conviction, and related issues.

New York Penal Code 130.66: Aggravated Sexual Abuse In The Third Degree

If you have been accused of a sex crime in New York City, you are most likely afraid of what your future holds. Sexual abuse charges carry a stigma that few crimes do, affecting both yourself and your family. Below is an overview of New York penal code 130.66, which is aggravated sexual abuse in the third degree. If you or a loved one is facing these charges, it is important to seek the advice of a NYC criminal lawyer to preserve your rights.

Description

New York penal code 130.66 is the term for aggravated sexual abuse in the third degree which is a Class D felony. According to the law, a person may be charged with this crime by:

  • Inserting An Object Into The Vagina, Penis, Anus Or Rectum Of Another
  • Assaulting Someone Mentally Handicapped In A Sexual Way
  • Assaulting One Who Is Incapacitated Physically
  • Forcing Sexual Contact On Someone Younger Than 11

Under the law, sexual contact may be intercourse, oral or anal intercourse and aggravated sexual contact. The aggravated charge is used when the victim suffers physical injury due to the conduct of another person, when consent was not given or the victim is not capable of consenting.

Penaties

According to New York law, the penalties for penal code 130.66 is as follows for violent and non-violent crimes:

  • Violent Crimes 2 To 7 Years In Jail
  • Non-Violent Crimes No Jail And Up To 7 Years Probation

The court takes several factors into consideration when it comes to sentancing such as the age of the victim, the defendant’s criminal history and if the crime was violent or not.

Possible Defenses

If you are facing an aggravated sexual abuse charge, it is key to hire a defense attorney who has extensive experience at trial. Some things a lawyer could do to help you mount a defense include:

  • Hire Investigators
  • Review All Evidence
  • Review Forensic Evidence If Available
  • Investigate The Background Of The Victim

In many cases, victims are motivated to lie about what happened. Some of the most common reasons to make false allegations are embarrassment because they gave consent, a child custody case is pending or they have financial motivations. Because charges of sexual abuse are embarrassing for the defendant and their families, it may be easy for a less than truthful victim to extort money from the accused. Many people who are falsely accused pay in order to keep victims quiet even though they are innocent.

Ramifications

If you are convicted of aggravated sexual abuse in the third degree, your future will be impacted in a negative way. You will be required to register as a sex offender everywhere you live. You may also find it hard to get a job or housing because the conviction will show up on a routine background check.

Being accused of a sex crime is frightening, but there is help available. Contact a criminal defense attorney today to learn what options are available to you under the law. After reviewing your case, an attorney will let you know how to mount the best defense. Choosing the right attorney is the best way to protect your rights in court and preserve your freedom if possible.


Charle Butler
Charle Butler
2021-03-12
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

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Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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