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

Defining a Sex Crime in New York

Sex crimes are defined in New York as crimes that require registration under the New York Sexual Offender Registration Act, or SORA. This law applies to anyone convicted of any of the approximately thirty-to-forty listed sex crimes under New York law. The conditions for registration can be quite onerous, making sex crimes a serious matter in New York.

Types of Sex Crime Cases Handled by Spodek Law Group

At Spodek Law Group, we handle all types of sexual offenses, from the most serious, such as forcible rape and cases involving children, to the less serious, such as forcible touching or sexual abuse in the third degree. These crimes, even the less serious ones, can result in lifetime registration as a sex offender, and all sex crimes are considered very serious in New York.

Determining Misdemeanor or Felony Charges for Sex Crimes

Felonies are the most serious charges for sex crimes, including crimes such as rape, sodomy, criminal sexual act, and predatory sexual assault. Charges such as patronizing a prostitute in the second degree, when the prostitute is seventeen years old or younger, and promoting prostitution in the second degree, are also felonies. Less serious misdemeanors include sexual abuse in the third degree or forcible touching, which are still treated very seriously, particularly in Queens Criminal Court.

Reaction to Being Accused of a Sex Crime

Being accused of a sex crime is a serious matter and can elicit a range of reactions, from anger and a sense of being falsely charged to fear and anxiety. At Spodek Law Group, we understand the gravity of these charges and work with our clients to address every aspect of their case.

Steps to Take When Arrested for a Sex Crime

If you are arrested for a sex crime, it is important to retain an attorney as soon as possible, even before appearing in court. An experienced attorney can prevent law enforcement from questioning you and keep the district attorney from requesting high bail, which can lead to months of awaiting trial without release. At Spodek Law Group, we take the time to learn about our clients and their case, and work to keep bail as low as possible, particularly in Queens Criminal Court where bail changes are rare.

Trust Spodek Law Group for Experienced Legal Representation

If you or someone you know has been charged with a sex crime in New York, trust the experienced attorneys at Spodek Law Group. We provide compassionate and knowledgeable legal representation, and work tirelessly to achieve the best possible outcome for our clients. Contact us today to schedule a consultation.

New York Sex Crimes Sentencing: Understanding the Severity of the Penalties

Sex crimes are some of the most heinous offenses one can commit, and can include a range of offenses such as rape, sexual misconduct, criminal sexual act, forcible touching, sexual abuse, sexual conduct against a child, female genital mutilation, and facilitating a sexual offense with a controlled substance. In New York, most sex crimes are considered felonies, which means that if you are convicted, you could face a lengthy prison sentence. The severity of these penalties, coupled with the social stigma attached to sex crimes, means that if you are charged with a sex offense, it is crucial to enlist the help of an experienced New York sex crimes lawyer who can help defend you against these serious charges. At Spodek Law Group, our seasoned attorneys have successfully represented numerous clients charged with sex crimes, as well as other serious offenses such as assault, domestic violence, and kidnapping.

Being Charged with a Sex Crime: What to Expect

If you are accused of a sex crime, you will be arrested and taken into custody. At this point, you will be taken to Central Booking, where you will remain until you are arraigned. During the arraignment, a prosecutor will formally charge you with the offense, and you will learn what charge is being brought against you. You may be surprised to find that you are being charged with additional crimes, such as drug offenses if you are charged with facilitating a sexual offense with a controlled substance. The prosecutor will also inform the court if you are required to pay bail, if you will be held without bail, or if you will be released on your own recognizance. Following the arraignment, you will be given the date of your next hearing, during which several events may occur before your trial. If you are unable to reach a plea agreement with the prosecutor, you will ultimately have a trial, and if convicted, you could face probation, jail, or prison time.

Misdemeanors and Felonies

Of all the sex offenses listed under the New York Penal Code, only four are considered misdemeanors: sexual misconduct, forcible touching, sexual abuse in the second degree, and sexual abuse in the third degree. Sentences for misdemeanors are definite, meaning that they are jail terms of a year or less and are served in local jails instead of state prisons. Your sentence for a misdemeanor can be reduced by 1/3 if you conduct yourself well while in jail. On the other hand, most of the sex offenses in the New York Penal Code are considered felonies, with varying levels of severity.

Class E Felonies

There are five sex offenses classified as class E felonies in New York, including rape in the third degree, criminal sexual act in the third degree, persistent sexual abuse, aggravated sexual abuse in the fourth degree, and female genital mutilation. Class E felonies carry penalties of up to 4 years in prison, but persistent sexual abuse and aggravated sexual abuse in the fourth degree are classified as violent felony offenses, which means that if you are convicted of one of these offenses, you will receive a determinate sentence of at least 2 years in prison and up to a maximum of 4 years.

Class D Felonies

Six sex offenses in the New York Penal Code are classified as class D felonies: rape in the second degree, criminal sexual act in the second degree, sexual abuse in the first degree, aggravated sexual abuse in the third degree, course of sexual conduct against a child in the second degree, and facilitating a sex offense with a controlled substance. Class D felonies carry penalties