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

Being charged with a crime as serious as predatory sexual assault against a child under New York Penal Code § 130.96 can be an incredibly stressful and frightening experience. Your future, your freedom, and your reputation are all on the line. Having the right lawyer by your side to defend you is crucial. But how do you know if you’re picking the right lawyer for your case? Here are some tips:

Understanding the Charges

First, make sure you understand exactly what you’re being charged with. Penal Code § 130.96 covers predatory sexual assault against a child, which involves:

• Engaging in sexual intercourse, oral sexual conduct, anal sexual conduct, or aggravated sexual contact with a child less than 13 years old
• Being 18 years old or more at the time of the act

The charges are classified as a class A felony, which carries potential penalties of 10-25 years in prison. It’s an extremely serious offense that requires an experienced defense lawyer.

Finding Lawyers Familiar with These Charges

Not every criminal defense lawyer has extensive experience with predatory sexual assault charges. You’ll want to look for attorneys who specifically mention defending Penal Code § 130.96 cases or defending against child sex crime allegations. Their websites may highlight related case results they’ve achieved for past clients.

You can also search lawyer directories like Avvo filtering for lawyers near you who list experience with “child sexual assault defense” or similar areas.

Don’t hesitate to ask lawyers you’re considering directly how many § 130.96 cases they’ve handled. Their experience level matters.

Check Their Track Record in Similar Cases

A lawyer may say they have experience with these types of criminal charges, but do they have a proven track record of success? Make sure to ask about their win/loss rate in recent predatory sexual assault against a child cases.

Look up their past case results to verify they’ve defended § 130.96 charges with positive outcomes for clients like dismissals, acquittals, plea bargains with reduced charges, etc. You want someone who regularly achieves good results.

Understand How They Develop a Defense Strategy

An effective lawyer will evaluate the specifics of your case and situation to develop possible defenses. For example, they may challenge issues with:

• Proof of age – Were there errors in determining the accuser’s age?
• Consent – Could consent be argued if the accuser was a teenager?
• False accusations – Does the accuser have motivations or credibility issues that could disprove the charges?
• Alibi – Can you prove you were elsewhere at the time of the alleged incident?
• Technicalities – Were proper procedures followed in your arrest and the filing of charges?

Ask lawyers how they’d approach developing defenses in your particular case. Their strategy can make a big difference.

Gauge How Aggressively They’ll Defend You

Some lawyers take a cooperative approach, hoping to get charges reduced or pleaded down through negotiations with prosecutors. Others fight more aggressively on the defendant’s behalf.

For serious felony sex crime charges that carry harsh penalties, you often need an attorney who will thoroughly investigate the allegations, rigorously question accusers, highlight every weakness in the prosecution’s case, pursue dismissal of charges, and take the case to trial if necessary.

Make sure the lawyer you choose has a proven record of aggressive defense to match the aggressive prosecution you typically see in predatory sexual assault cases.

Ask AboutTheir Involvement and Communication

How involved will the lawyer be in your case versus handing work off to associates or paralegals? Will they keep you informed about case developments and strategy? Are they responsive to calls/emails?

Good communication and direct attorney involvement are important when your future is at stake. Make sure you feel comfortable with how they’ll interact with you.

Understand Their Background and Credentials

While every state has different requirements, most criminal defense lawyers need to pass the bar exam and get licensed to practice law. They should have a Juris Doctor (J.D.) degree from an accredited law school.

It’s also good if they have experience as a prosecutor, which can give them insights into building cases from the other side. Board certification in criminal trial law shows a lawyer’s specialized expertise.

Don’t hesitate to ask where a lawyer went to law school, when they graduated, and what credentials they have. Their experience matters.

Consider Smaller, Boutique Firms

The best lawyers for defending serious felony sex crime charges are often found at smaller, boutique firms that specialize in criminal defense rather than large general practice firms. These boutiques have deep focus and expertise.

A smaller firm also ensures your case gets personalized attention from seasoned lawyers, not just passed off to junior associates. Look at firms with proven records of success specifically in sex crime defense cases.

Meet with Lawyers Before Deciding

It’s always advisable to consult in person with a lawyer before retaining them. Meet with them in their office to get a sense of their experience, expertise, and temperament.

Discuss your case details to see their approach. Look for good listeners who ask insightful questions and provide reassurance. Make sure you feel comfortable and confident putting your future in their hands.

Cost and Payment Plans

Top attorneys have fees reflecting their skill and demand. But the costs of being convicted and imprisoned are far higher.

Ask about both flat and hourly rates, typical total costs for cases like yours, and what flexible payment plans they offer. Many lawyers allow you to pay in installments.

Don’t let the initial sticker shock deter you – payment plans make good defense affordable. Investing in the right lawyer is the wisest investment you can make when facing serious criminal allegations.

Don’t Rush This Critical Decision

Choosing the lawyer to defend you against grave charges like predatory sexual assault against a child is one of the most important decisions you’ll ever make. Take time to thoroughly research options, ask questions, and make an informed choice.

The right lawyer makes all the difference in fighting these charges and protecting your future. Weigh all the factors covered here as you choose your defense attorney wisely and carefully.

If you or a loved one are facing charges under Penal Code § 130.96 in the New York area, contact attorney Todd Spodek to schedule a free consultation and case evaluation. Don’t leave your fate to chance – an experienced predatory sexual assault lawyer can powerfully defend your rights, freedom, and reputation. With an aggressive defense and smart strategy, winning dismissals or acquittals on even the most serious sex crime felonies is possible. Don’t wait to get proven counsel on your side.