Last Updated on: 15th October 2023, 01:30 pm

Facing Charges for Criminal Sexual Act in the First Degree in New York? How an Experienced Brooklyn Sex Crimes Lawyer Can Help

Let’s be honest here – a charge as serious as Criminal Sexual Act in the First Degree under New York Penal Code § 130.50 is enough to make anyone feel terrified and overwhelmed. I get it. But take a deep breath. You’ve come to the right place for help.

My name is Todd Spodek and I’m a Brooklyn criminal defense attorney who has spent decades defending clients against the full range of sex crime accusations. From indecent exposure to predatory sexual assault, I’ve seen it all.

The good news? Even for a Class B violent felony like Criminal Sexual Act in the First Degree, the prosecution still has the burden of proving guilt beyond a reasonable doubt. With an experienced trial attorney fighting by your side, many of these charges can be reduced or outright dismissed.

Let’s take a closer look at the statute and how a skilled NY sex crimes lawyer can build a rigorous defense.

What Is Criminal Sexual Act in the First Degree in New York?

Under Penal Code § 130.50, a person is guilty of Criminal Sexual Act in the First Degree if they:

• Engage in oral or anal sexual contact with another person forcibly and against their will;
• Engage in oral or anal sexual conduct with someone under 11 years old; or
• Engage in oral or anal sexual conduct with someone under 13 years old and the defendant is 18 years or older.

It’s considered a Class B violent felony, carrying potential penalties of 5-25 years in prison. Predatory sexual assault charges may also follow if the accuser is under 13.

Some key things to note:

• The victim’s lack of consent can be due to inability to consent based on age, mental disability, or physical helplessness – it doesn’t have to involve physical force.
• The body parts involved make it criminal sexual “conduct” vs. just sexual “contact.”
• Oral or anal penetration, however slight, is enough – ejaculation is not required.

Given the severe potential prison time, it’s critical to have a NY sex crimes lawyer ready to aggressively fight these allegations. Here’s how:

How an Experienced NY Sex Crimes Lawyer Can Defend Against These Charges

As a former Brooklyn prosecutor, I know how the DA will try proving forcible compulsion or lack of consent. I also know the weaknesses in their strategies.

An adept NY criminal defense attorney will:

Thoroughly Investigate the Accuser’s Claims – Many allegations of forcible rape hinge on he-said/she-said testimony. I’ll interrogate the accuser’s story to expose any inconsistencies that undermine credibility. Witness interviews, text messages, surveillance footage – anything pointing to consent and your innocence.

Examine Forensic Evidence Closely for Contamination – With adult rape accusations, DNA evidence or rape kits can make or break the case. Meticulous inspection can reveal flaws in DNA collection, storage and testing that render evidence inadmissible.

Consult Medical Experts to Contest Physical Trauma Claims – For charges of forcible compulsion, the medical evidence is key. An experienced sexual assault forensic examiner may find the physical trauma inconsistent with the alleged assault. This creates critical doubt.

Challenge “Repressed Memories” of Abuse – If claims surfaced years later based on recovered memories, I’ll retain psychology experts to explain how false memories can be inadvertently implanted through certain therapeutic techniques.

File a Motion to Suppress Illegally Obtained Statements – If police violated your rights by not reading Miranda warnings or denying your lawyer, I’ll fight to get coerced statements thrown out before trial.

Negotiate with the DA for Reduced Charges or Dismissal – Drawing attention to weaknesses in the accuser’s reliability or credibility may convince the DA the case is doomed. Many cases can be bargained down or dropped through pretrial negotiations.

An adept NY sex crimes attorney knows how to maximize these strategies to get charges reduced or dismissed pre-trial. But if we do end up in court, my dramatic flair and storytelling skills can instill reasonable doubt in the jury.

With your freedom at stake, you need someone in your corner willing to take off the gloves and fight for your innocence.

Why Hiring a Local Brooklyn Sex Crimes Attorney is Critical

If you’ve been accused of Criminal Sexual Act in Brooklyn, it’s essential to have a trial lawyer intimately familiar with NY law, Brooklyn courts and area investigators:

– I have close relationships with Brooklyn judges, prosecutors and court staff that can help resolve cases favorably.

– I know the common tactics used by NYPD Special Victims Division and Brooklyn DA sex crimes prosecutors – this helps me effectively rebut their arguments.

– I have experience selecting jurors and crafting convincing narratives for Brooklyn juries specifically. What sways NYC residents is very different from upstate rural jurors.

– I stay on top of emerging appellate cases and changes in New York sex crime statutes and case law that can impact defenses and court rulings in these cases. An outsider attorney unfamiliar with NY won’t have this specialized knowledge.

The skilled NY sex crime attorneys at Spodek Law Group offer homefield advantage and the best chance at beating these devastating accusations.

The Attorneys at Spodek Law Group Can Help You Move On With Your Life After Sex Crime Charges

At Spodek Law Group, I lead a team of dedicated Brooklyn sex crime defense lawyers with decades of experience representing clients just like you. We offer aggressive representation while treating each client with dignity, discretion and respect.

We’re committed to protecting our clients’ futures, reputations and livelihoods against the irreparable harm sex crime convictions can bring. We’ve seen firsthand how quickly false allegations can spiral out of control.

Here’s what past clients say about their experiences with our firm:

“I was devastated when I was accused of groping a coworker. Todd assured me he would protect my reputation and career. He dismantled the credibility problems in her story and got my charges dismissed before it ever made the press.” – Brandon, Brooklyn Sexual Abuse Client

“After I was arrested for public lewdness, Todd treated me with compassion. He counseled me on avoiding risky behaviors in the future. He got my charges reduced to a misdemeanor and sealed after probation. I’m forever grateful.” – Lucas, Brooklyn Public Lewdness Client

“A false allegation by an angry girlfriend led to serious rape charges that could have ruined my life. Todd exposed her motives and inconsistencies. After he presented our evidence, the DA dropped all the charges – I didn’t even have to go to trial.” – Eric, Brooklyn Rape Client

If you are currently under investigation or facing charges for a sex crime, the sooner you engage a lawyer, the better. Call the experienced Brooklyn sex crime attorneys at Spodek Law Group for a free consultation at (212) 300-5196. Get answers about the charges against you and start crafting your defense today.