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:
- Inserting An Object Into The Vagina, Penis, Anus Or Rectum Of Another
- Assaulting Someone Mentally Handicapped In A Sexual Way
- Assaulting One Who Is Incapacitated Physically
- Forcing Sexual Contact On Someone Younger Than 11
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:
- Violent Crimes 2 To 7 Years In Jail
- Non-Violent Crimes No Jail And Up To 7 Years Probation
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:
- Hire Investigators
- Review All Evidence
- Review Forensic Evidence If Available
- Investigate The Background Of The Victim
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.