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
Consent is important
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.
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.
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