New York Penal Code 130.70: Aggravated Sexual Abuse in the First Degree

New York Penal Code 130.70: Aggravated Sexual Abuse in the First Degree

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.

A criminal defense lawyer can explain the statute of limitations in specific detail. In addition, a lawyer can explain other possible defenses in a aggravated sexual abuse in the first degree case.

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.

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