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