Any crime committed against a child is a serious offense, and the punishments are severe. This is particularly true for sexually based offenses. If you have been charged with such a crime, it is imperative that you contact a NYC criminal lawyer as soon as possible. Many charges can a mandatory minimum sentence, with a possible life sentence being on the table. Needless to say, this will be a stressful period in your life and the eventual outcome largely will depend on the professionalism of the NYC criminal attorney that you have defending you. Your very life is at stake here.
New York Penal Code 130.96 Defined
If you are charged with predatory sexual assault against a child, that means you are accused of having committed one of the following offenses against an individual under a certain age.
- Rape in the first degree
- Criminal sexual act in the first degree
- Aggravated sexual abuse in the first degree
- Course sexual conduct against a child in the first degree
A rape charge will be levied against an accused person over the age of 18 when the victim is less than 13 years of age. This is classified as a Class B felony because no child under 13 years of age is legally capable of consenting to have sexual intercourse. A criminal sexual act in the first degree is akin to a rape charge, but absent actual sexual intercourse. The sex act can be either oral or anal. This is also defined as a class B felony, which needless to say is a rather serious charge.
A charge of predatory sexual assault against a child in New York can also be levied against an individual who is accused of inserting a finger or foreign object into a sexual opening, such as the vagina or anus. Once again, this is a class B felony in the state of New York. Course sexual conduct is said to occur when the accused engages in sexual contact with am minor under the age of 13 on a minimum of 2 occasions within a 3 month period. One of those contacts must have included sexual intercourse, oral or anal sex, or aggravated sexual conduct. The combination of all four possible sex crimes against a minor under the age of 13 can lead to a possible charge of predatory sex assault against a child.
Defense Against Penal Code 130.96
There are possible defenses to be mounted when you are charged with predatory sexual assault against a child in New York. NYC criminal lawyers will look at a variety of factors to determine how best to proceed with your case. There may, for example, be a lack of intent on your part. This crime might have occurred due to a state of intoxication so severe at the time of the event that you lack the knowledge or intent that you were actually about to commit a crime of this magnitude. Lacking intent is a ground to fight a charge of predatory sexual assault against a child in the state of New York.
NYC criminal attorneys may also be able mount a defense against this charge on the basis of marriage or an expired statute of limitations. While rare in New York, it is possible that the accused is legally married to the victim. In that case, a defense can be mounted. In addition, the statue of limitation for New York Penal Code 130.96 is five years after the victim turns 18. Beyond that, you cannot prosecuted for this crime.
Contact a criminal attorney in your area if you have been accused of a serious crime such as this.