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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.

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Brooklyn Sex Crime Lawyers

By Spodek Law Group | January 22, 2023
(Last Updated On: July 26, 2023)

Last Updated on: 26th July 2023, 08:56 pm

In Brooklyn, New York, and throughout the nation, sex crimes and those who commit them are generally regarded as hateful and contemptible. A sex crime is charged when a person does not give consent to a sexual act. Rape is the sex crime that is familiar to most people. However, there are other charges as well. Such a charge may indicate
forcible touching, any sexual activity against a child who is younger than 11 years old, genital mutilation of a female, incest, anal or oral sex with someone who is physically helpless, and using a controlled substance in order to facilitate sexual activity.
Sex Crime Charges
Because the law regards sex crimes as so serious, most of them are listed as felonies. The felony charge of rape, for instance, is listed in three degrees in Section 130 of the New York penal code. The charges depend on circumstances such as the use of force or action against a child. Any of the three charges can result in a prison sentence as long as 25 years.
According to the New York Penal Code, some sex offenses are listed as misdemeanors, including forcible touching, second degree sexual abuse, and third degree sexual abuse. The penalty is a year or less in a local jail.
Sex Crime Charges and Convictions
Anyone who is charged with a sex crime will be arrested and taken into custody, where he or she will remain until arraignment. That means a hearing before a judge where the crime will be charged. The suspect will also learn if he or she will be released to return to court at a stated date.
A sex crime conviction may mean lengthy time in prison or a short time
in jail. In either case it means that you now have a criminal record and you may wind up on the sex offender registry. Anyone convicted of a level 2 or 3 sex crime (moderate to high risk of repeated offenses) or an attempt to commit a sex crime in New York is required to sign with the New York State Sex Offense Registry. Anyone can search the registry, and anyone can sign up to be notified if a convicted sex offender moves into or out of the neighborhood.
Anyone who is put in the registry will remain there for at least 20 years. If you move out of New York State, you must inform the New York Department of Criminal Justice Services. If you stay in New York, you must report to the local police every three years to have your photo taken. Not following these and other possible rules may put you in jail or prison for a Class D felony.
In some cases, a first-degree sexual offender may receive probation instead of jail. Although this is a lighter sentence, there are still rules to follow. These might include having a job, taking random drug testing, not leaving the state without permission, and checking with a probation officer.
Fighting the Charges
A sex crime charger is frightening and can be life changing. In addition, in some cases, it may be false. Innocent people as well as the guilty are sometimes charged with a sex crime. The charge itself is complex and can permanently change your life. If you are charged with any sex crime, contact criminalattorneys.com. To fight such a charge, you need the long-time experience of a law firm that knows how to work in your behalf.
Don’t let a sex offense charge ruin your life. Contact criminalattorneys.com today. We have the experience, we know the law, and we can help.
New York Penal code 130.52: Forcible Touching
As its name implies, forcible touching is a rather serious accusation to levy against a person. It is considered to be a sex crime, event though it is not labeled as a felony. Because of its sexual nature, jail sentence of up to a year is possible if convicted, which speaks to the importance of you retaining a NYC criminal lawyer as soon s you are accused. The charge alone can do damage to your reputation, so it is important to handle the situation as quickly as possible. NYC criminal lawyers are well equipped to analyze your case and mount the best possible defense that will get your name cleared before lasting harm is done if possible.
An Explanation of New York penal code 130.52
Forcible touching typically involves the accused touching parts of the body of the victim with express permission to do so. Many people refer to this as groping, and it most commonly takes place in a public place that is rather crowded. Common examples include bars and public transportation networks. Often time, the victim is viewed as being defenseless because the accused is more powerful and there is nowhere else to turn since the area is so crowded. If that is the case, the forcible designation is often added to the charge when a police officer cites the accused.
Since sexual penetration is not believed to have occurred, forcible touching is most often viewed as a misdemeanor charge. This does not minimize the fact that it is a sex crime, however, so any such charge should not be taken lightly. You will want to contact a NYC criminal attorney right away in order to begin your defense. For the charge to be issued in the first place, the police must determine that the accused purposefully and forcibly touched an intimate part of another person. This most commonly is taken to mean that either the vagina, penis, breasts, or buttocks region were touched. The other person can be clothed when the touching occurs. Touching is further defined as either squeezing, grabbing, or pinching.
Possible Defenses for Forcible Touching
There are many possible defenses that nyc criminal attorneys will consider for a charge of forcible touching. Each defense will depend on the particular circumstances surrounding the episode. This begins with a consideration of consent. If order to a person to be charged with forcible touching, there much be a lack of consent involved. That might be called into question if you believe that you did have the consent for the touching to take place. It is up to the prosecutor to proved that you lack necessary consent.
There also the issue of intent to consider. You might have accidentally touched another person in his or her intimate areas. Beyond that, if the area is crowded it is very possible that you were forced into another person by the simple movement of the crowd. If so, you might have been unaware that the touching was even taking place. There is also the statute of limitations to consider. The limitations on a charge of forcible touching is two years. Beyond that time, a charge cannot be levied unless the victim was under the age of 18 at the time of the crime.
You do not want to have a sex related crime on your record, regardless of whether it is a felony or a misdemeanor. Contact a criminal attorney in your right away if you been accused of such a crime. You need to protect your rights and restore your good name.

The Horrifying Reality of Sex Crimes

In Brooklyn, New York, and across the nation, sex crimes and their perpetrators invoke feelings of hate and contempt. These monstrous acts involve engaging in sexual activity without the consent of the other party. Everyone is familiar with rape, yet there are other terrible offenses, such as forcible touching, any sexual activity perpetrated against a child younger than 11 years old, female genital mutilation, incest, engaging in anal or oral sex with someone physically helpless, and administering a controlled substance to facilitate sexual activity.

Charges and Consequences of Sex Crimes

Sex crimes are so heinous that the law considers most of them to be felonies. Section 130 of the New York penal code lists the felony charge of rape in three degrees, depending on the circumstances, such as the use of force or committing the act against a child. Any of these charges can yield a harrowing prison sentence of up to 25 years.

Certain sex offenses, however, fall under the category of misdemeanors, including forcible touching, second-degree sexual abuse, and third-degree sexual abuse. The penalty for these offenses is a year or less in local jail.

Arrests and Convictions for Sex Crimes

Upon being charged with a sex crime, the individual will be arrested and detained until arraignment. This process involves appearing before a judge and being informed of the charges and possible release to later return to court on a stated date.

A sex crime conviction can lead to lengthy prison time or a shorter jail sentence. Either way, the terrible consequence of acquiring a criminal record will follow, and there is a high likelihood of winding up on the sex offender registry. In New York, anyone convicted of a level 2 or 3 sex crime or attempting to commit a sex crime must register on the New York State Sex Offense Registry. The somber reality is that anyone can search this registry and sign up to be notified if a convicted sex offender moves in or out of their neighborhood.

Individuals placed on the registry will remain there for a minimum of 20 years. If they leave New York, they must notify the New York Department of Criminal Justice Services. Those who remain in the state must report to the local police every three years to update their photograph. Failure to abide by the rules will put the offender at risk of additional incarceration for a Class D felony.

In some cases, first-degree sexual offenders receive probation, which comes with its own set of rules. These may include maintaining employment, undergoing random drug tests, not leaving the state without permission, and regularly checking in with a probation officer.

Fighting Sex Crime Charges

Being charged with a sex crime is a horrifying experience that can turn one’s life upside down. Additionally, some charges may be false, with innocent people sometimes being accused of a sex crime. These complex charges can permanently alter lives, so if you face any allegations, it is crucial to contact criminalattorneys.com to help navigate these treacherous waters. With their vast experience, they can work diligently on your behalf.

Don’t let a sex offense charge destroy your life. Reach out to criminalattorneys.com and let their expertise be your guiding force.

New York Penal Code 130.52: Forcible Touching

Forcible touching, though not classified as a felony, is a grave accusation and stems from a person touching parts of another person’s body without express permission. Commonly referred to as “groping,” events typically occur in crowded public places such as bars and public transportation networks. Because of its sexual nature, a conviction can lead to a jail sentence of up to a year.

NYC criminal lawyers can analyze your case and strategize your defense to clear your name of this damaging charge before lasting harm is inflicted.

Possible Defenses for Forcible Touching

Numerous potential defenses may apply to a charge of forcible touching, depending on the circumstances. One such defense is consent, as the lack of consent is vital for a forcible touching charge. The prosecutor must prove that the necessary consent was absent.

Another defense revolves around intent. Accidental touching or being pushed into contact with another person due to a crowded space can be argued. Lastly, the statute of limitations on a forcible touching charge is two years unless the victim was under 18 at the time of the crime.

Nobody wants a sex-related crime on their record, whether it is a felony or a misdemeanor. Contact a criminal attorney if you are accused of such a crime and need to safeguard your rights and restore your good name.

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