Being accused of a sex crime is devastating. Few crimes have the ability to impact a defendant’s life the way a sexual abuse charge does. The following is an overview of the New York penal code 130.55 and the penalties this charge may carry if a defendant is convicted. If you are facing a similar charge, it is important to seek the advice of a NYC criminal lawyer to protect your rights and your freedom.
Sexual abuse is described as the touching or groping of another person’s private parts for sexual fulfillment. Unlike other sex crimes sexual intercourse, anal sex or oral sexual conduct is not required. The mere touching of another person is enough to be charged with sexual abuse in the third degree.
A person charged with sexual abuse in the third degree if they subject another person to sexual contact without their permission. Under the law, the victim is not capable of consenting to sexual contact when:
They Are Under 17 Years Of Age
They Are Physically Helpless
They Are Mentally Incapacitated
Examples Of Sexual Abuse
According to New York law, some examples of sexual abuse in the third degree include:
Ejaculating On Another Person
Touching The Breast, Buttocks, Penis Or Vagina Of Another Person
In some cases, defendants have been found guilty after touching a person’s lips and mouth in a sexual way.
Penal code 130.55 which is a Class B misdemeanor carries the following penalties:
Up To 3 Months Imprisonment
1 Year Probation
Fines Up To $500.00
If convicted, you may also be required to register as a sex offender everywhere you live.
Being accused of a sex crime is serious and can have a negative impact on your life if you are convicted. You may be required to register as a sex offender and it may be hard to find a new job or a place to live. For these reasons, you must have the best legal representation to help you mount a proper and effective defense. A lawyer may help you by:
Use Forensics To Dispute The Charges
Investigate The Victims Background For Motive
Accusers often have motivation to lie about sexual abuse. Some of the most common reasons for false accusations are:
Child Custody Cases
Lying When Sex Was Consentual
Accusing Someone To Gain Financial Advantage
If law enforcement seized any evidence from your home such as computer files or pictures, they must have followed strict guidelines. Failure to do so may lead to the suppression of the evidence gathered by police illegally.
Being accused of sexual abuse in the third degree is a frightening experience. To fight these charges, you must obtain legal counsel with trial experience. If you are facing these charges, contact a criminal defense lawyer today. After evsluating your case, a lawyer will let you know the best way to defend the charges. He may be able to suggest alternative punishment instead of jail time or extended periods of probation. Having the best criminal defense team in your corner throughout the entire legal process is the best way to protect your rights and your freedom.