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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

Todd Spodek is a second generation attorney with immense experience. He has many years of experience handling 100’s of tough and hard to win trials. He’s been featured on major news outlets, such as New York Post, Newsweek, Fox 5 New York, South China Morning Post, Insider.com, and many others.

In 2022, Netflix released a series about one of Todd’s clients: Anna Delvey/Anna Sorokin.

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New York Penal Code %c2%a7 130 67 Aggravated Sexual Abuse Second Degree

By Spodek Law Group | July 17, 2023
(Last Updated On: July 27, 2023)

Last Updated on: 27th July 2023, 04:34 pm


Let’s be honest – being accused of aggravated sexual abuse in the second degree is absolutely terrifying. As someone with years of experience defending clients against allegations this serious, I know firsthand how traumatic facing charges like this can be. But try your best to stay calm, because with an experienced NY sex crimes attorney in your corner, these charges can be defeated.

New York Penal Code § 130.67 defines the crime of aggravated sexual abuse in the second degree. I won’t sugarcoat it – a conviction can lead to years behind bars and a devastating criminal record. That’s why building an aggressive defense with a seasoned legal team is critical.

The dedicated NYC sex crimes lawyers at Spodek Law Group have seen it all when it comes to defending clients against sobering accusations of sexual assault and abuse. Founding attorney Todd Spodek has successfully fought some of the most challenging sex offense cases in New York for over 25 years. He and his team will immediately get to work formulating a defense strategy to protect your rights and freedom.

But before we get into possible defenses, let’s break down the law itself so you understand exactly what the state has to prove…

The Elements of Aggravated Sexual Abuse in the Second Degree

For a conviction under NY Penal Code § 130.67, prosecutors must establish these elements beyond a reasonable doubt:

  • You inserted a finger or foreign object in the vagina, urethra, penis or rectum of another person
  • You did so without the person’s consent
  • The lack of consent was due to some factor that made them incapable of consenting

Seems straightforward, but it’s not. When handled skillfully, these charges can often be overcome.

Insertion of Finger or Foreign Object

The first thing that must be shown is that penetration of one of the named body parts occurred. This does not require full insertion – any entry is enough.

And it doesn’t have to be with a body part either. Use of any foreign object, like a bottle, meets this element.

Next, the prosecution has to show clear lack of consent at the time of the alleged act. They can’t just assume no consent – evidence must exist.

This is where a skilled NY sex crimes lawyer can rip apart the prosecution’s case. By scrutinizing evidence surrounding the incident, they can often show reasonable doubt over whether consent existed.

Even if the evidence shows a lack of consent, the state must prove the reason why. NY law says incapable of consent means:

  • Under age 17
  • Mentally disabled or incapacitated
  • Physically helpless due to drug/alcohol intoxication
  • Unconscious or asleep

If the alleged victim was capable of consenting, the entire case falls apart regardless of whether they actually consented.

As you can see, the prosecution’s burden of proof is high. But an unskilled lawyer can allow critical flaws in their evidence and legal theory to go unchallenged. Let’s look at possible defenses…

Fighting Back Against Sexual Assault and Abuse Charges

The key to beating allegations as serious as aggravated sexual abuse is twofold – relentlessly attacking the prosecution’s version of events, while putting forth an alternative narrative that raises reasonable doubt of your guilt.

Here are some of the most effective defense strategies:

Lack of consent is difficult to prove beyond a reasonable doubt. We will scrutinize communication between you and your accuser before and after the alleged incident to show consent was present.

Motive to Fabricate

Whether due to jealousy, revenge, or mental illness, we will investigate the accuser’s credibility and motive to lie about what occurred.

Mistaken Identity

It happens more than you think – eyewitnesses incorrectly identify innocent people. If you were misidentified, the entire case falls apart.

False Memories

Trauma, suggestive psychotherapy, and drugs/alcohol can distort memories over time. We retain psychology experts to explain how false memories can seem completely real.

Penalties for Aggravated Sexual Abuse in the Second Degree

If convicted under NY Penal Code § 130.67, you face these penalties:

  • Up to 7 years in state prison
  • Post-release supervision for 10 years or more
  • Possible civil confinement after prison
  • Lifetime sex offender registration

As you can see, the stakes could not be higher. Do not leave your fate in the hands of an overworked public defender. The seasoned NY sex crimes lawyers at Spodek Law Group have the skills and experience to protect your rights and freedom.

The moment you become a suspect, contact them for urgent legal help. The sooner they can get involved, the better positioned they will be to start dismantling the prosecution’s case from day one.

Why the Spodek Law Group Must Handle Your Case

Being accused of sexual assault can make you feel powerless. But know this – you have more power than you realize when you have the right lawyer by your side. Founding attorney Todd Spodek is widely regarded as one of New York’s top trial attorneys for a reason.

In his 25+ years successfully defending clients just like you, Todd has mastered the art of spotting tiny flaws and inconsistencies that can completely shatter the state’s case. While less experienced lawyers may take the prosecution’s evidence at face value, Todd knows firsthand how even air tight cases can come undone under close scrutiny.

The Spodek team will immediately get to work investigating every aspect of these traumatic allegations, from dissecting police procedures to questioning the credibility of witnesses. Their relentless advocacy and intricate understanding of New York’s complex sexual assault laws have resulted in countless charges reduced or dismissed for clients facing circumstances just like you.

Beyond their legal skills, however, what really sets this team apart is the compassion and personalized attention they provide clients in these terrifying circumstances. Founder Todd Spodek treats every client like family. He’ll take the time to understand you as a human being first – not just another case file. And he’ll guide you through each step of this stressful legal battle with the empathy and care you deserve.

Todd has seen firsthand how quickly an accusation can turn someone’s life upside down. That’s why he’s so deeply committed to protecting client rights through unwavering dedication, creativity and understanding. When your life hangs in the balance, you need more than just a knowledgeable lawyer – you need a tireless defender who cares. That’s exactly what you’ll get with the Spodek Law Group.

Don’t wait another minute – contact them now for urgent legal help. At this critical moment, you need New York’s top sex crimes attorney in your corner showing prosecutors you won’t back down. With Todd leading the charge, you can have confidence knowing your case is in the absolute best hands possible. Stay strong, you have more power than you think. The call is free, so make it now.

Why Experience Matters When Defending Sex Crimes

Let’s face it – when you’re accused of something as horrific as sexual assault or abuse, you desperately need someone in your corner who has been there before and knows exactly how to fight these disturbing allegations. The stakes could not possibly be higher.

Here’s the key point I want you to take away – you do NOT want your defense in the hands of some inexperienced attorney learning on the job when your life hangs in the balance. There are no do overs when it comes to trial. That’s why the seasoned NYC defense attorneys at Spodek Law Group are so uniquely equipped to protect your rights in this challenging time.

Founder Todd Spodek has dedicated his entire 25+ year career to defending clients just like you against sobering sex crime accusations. He’s seen every trick and trap prosecutors use to convict innocent people. When you’ve handled hundreds of complex sex offense cases over the years, you gain a sixth sense for spotting weaknesses early on that others would overlook.

Todd’s intricate understanding of New York’s complex sex crime laws allows him to dig deep to find solutions where less experienced attorneys may see no hope. He leaves no stone unturned, scrutinizing every minute detail to build the strongest possible defense on your behalf.

The Spodek team’s proven track record of success allows clients to breathe a little easier during these traumatic circumstances, knowing their case is in the absolute best hands possible. They’ve helped countless individuals just like you beat disturbing sex allegations and move forward with their lives.

There’s simply no replacement for seasoned expertise when your life hangs in the balance. Don’t take chances with the public defender’s office – contact Spodek Law Group immediately for urgent legal help. Their unparalleled experience defending high stakes sex crime cases gives them the edge to protect your rights when you need it most. The call is free, so make it now.

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I was searching for a law firm with some power to help me deal with a warrant in New York . After 6 days I decided to go with Spodek Law Group. It helped that This law firm is well respected by not only the top law firms in New York , but the DA , Judge as well. I...

~Fonder Brandon

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It was my good fortune to retain Spodek Law Group for representation for my legal needs. From the beginning, communication was prompt and thorough. Todd, Kenneth and Alex were the first people I worked with and they all made me feel comfortable and confident that the team was going to work hard for me. Everything was explained and any concerns...

~A G

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After meeting with several law firms, I chose the Spodek Law Group not only for their professionalism and experience, but for the personal attention given to me right from the initial consultation. It is important to recognize how crucial having the right legal team is when faced with potentially life altering events that impact families and the lives of loved...

~George Cherubini

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