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Last Updated on: 27th July 2023, 06:30 pm
Let’s talk about a heavy topic here, friend – aggravated sexual abuse. This isn’t just a stroll in the park, it’s serious business. If you’re dealing with charges like these, don’t waste any time. Reach out to Todd Spodek from the Spodek Law Group. They’ve got more than 50 years of experience under their belt. You’ve got rights and they’re here to ensure they’re respected.
Aggravated sexual assault, you see, is like sexual assault’s big, nasty brother. It’s like regular assault, but dialed up due to the severity of injury or the presence of particularly vile circumstances. Different states have different benchmarks, but generally the crime becomes ‘aggravated’ if one of the following applies:
Prosecutors are keen on proving there was no consent involved. Todd Spodek and the Spodek Law Group, however, are equally determined to prove otherwise. They aim to show that what happened was with full and proper permission. There are certain situations, like if a minor under a certain age is involved, where consent becomes a tricky issue. Laws can vary, but generally, consent from someone underage won’t hold up in court.
Aggravated sexual assault isn’t taken lightly. It’s a major felony, often a first degree one at that. It comes with potential prison time ranging from 5 to 15 years. If the victim is under 16, the minimum sentence jumps to 20-25 years. In some cases, it can even carry a life sentence. The judge has wide discretion and looks at various factors to decide the sentence, such as past criminal record, injuries to the victim, and the specific details of the case.
At times, judges might allow a convicted person to serve part of their sentence on probation, subject to certain rules. This might include drug testing, community service, and surrendering all weapons. Any crime involving sexual penetration also demands registration with the state’s sex offender program, which generally requires providing your name, address, and other details.
The Spodek Law Group operates in NYC, and they’re experts at navigating the complexities of New York law. Let’s consider some specifics about aggravated sexual abuse in the state. The New York Penal Code 130.70 defines aggravated sexual abuse in the first degree, a class B felony. If convicted, the punishment can be pretty severe.
Under New York law, you can be charged with this crime if you injure someone else by inserting a foreign object into a victim’s private areas. The law requires the victim to be physically helpless or less than 11 years old. Another circumstance that would merit this charge is when the perpetrator injures a victim who is less than 13 years old and the perpetrator is 18 years old or older. The penalties for this class B felony include imprisonment for up to 25 years.
According to the New York Penal Code 130.67, this crime occurs if a person inserts a foreign object into another person’s private areas causing physical injury, and the victim is incapable of consent due to factors like age or mental disability. This is a class C felony, carrying a sentence of up to 15 years in prison.
As per New York Penal Code 130.66, this crime involves the same act as second-degree abuse, but without the need for the victim to sustain physical injury. This is a class D felony, carrying a sentence of up to 7 years in prison.
According to the New York Penal Code 130.65-A, a person can be charged with this crime for inserting a foreign object into another person’s private areas without their consent, even without causing physical injury. This is a class E felony, carrying a sentence of up to 4 years in prison.
If you’re charged with any degree of aggravated sexual abuse in New York, don’t hesitate to reach out to Todd Spodek and his team. With extensive experience in criminal defense, they can provide the legal advice and representation you need to navigate these serious charges.
Note: This post is intended for informational purposes and should not be construed as legal advice. Always consult with an attorney for professional legal advice.
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