As its name implies, forcible touching is a rather serious accusation to levy against a person. It is considered to be a sex crime, event though it is not labeled as a felony. Because of its sexual nature, jail sentence of up to a year is possible if convicted, which speaks to the importance of you retaining a NYC criminal lawyer as soon s you are accused. The charge alone can do damage to your reputation, so it is important to handle the situation as quickly as possible. NYC criminal lawyers are well equipped to analyze your case and mount the best possible defense that will get your name cleared before lasting harm is done if possible.
An Explanation of New York Penal Code 130.52
Forcible touching typically involves the accused touching parts of the body of the victim with express permission to do so. Many people refer to this as groping, and it most commonly takes place in a public place that is rather crowded. Common examples include bars and public transportation networks. Often time, the victim is viewed as being defenseless because the accused is more powerful and there is nowhere else to turn since the area is so crowded. If that is the case, the forcible designation is often added to the charge when a police officer cites the accused.
Since sexual penetration is not believed to have occurred, forcible touching is most often viewed as a misdemeanor charge. This does not minimize the fact that it is a sex crime, however, so any such charge should not be taken lightly. You will want to contact a NYC criminal attorney right away in order to begin your defense. For the charge to be issued in the first place, the police must determine that the accused purposefully and forcibly touched an intimate part of another person. This most commonly is taken to mean that either the vagina, penis, breasts, or buttocks region were touched. The other person can be clothed when the touching occurs. Touching is further defined as either squeezing, grabbing, or pinching.
Possible Defenses for Forcible Touching
There are many possible defenses that NYC criminal attorneys will consider for a charge of forcible touching. Each defense will depend on the particular circumstances surrounding the episode. This begins with a consideration of consent. If order to a person to be charged with forcible touching, there much be a lack of consent involved. That might be called into question if you believe that you did have the consent for the touching to take place. It is up to the prosecutor to proved that you lack necessary consent.
There also the issue of intent to consider. You might have accidentally touched another person in his or her intimate areas. Beyond that, if the area is crowded it is very possible that you were forced into another person by the simple movement of the crowd. If so, you might have been unaware that the touching was even taking place. There is also the statute of limitations to consider. The limitations on a charge of forcible touching is two years. Beyond that time, a charge cannot be levied unless the victim was under the age of 18 at the time of the crime.
You do not want to have a sex related crime on your record, regardless of whether it is a felony or a misdemeanor. Contact a criminal attorney in your right away if you been accused of such a crime. You need to protect your rights and restore your good name.