New York City takes a hard stance on sexual offenses. In many instances the prosecution must show that there was a lack of consent on the part of the victim. The following outlines New York penal code 130.40, which is criminal sexual act in the third degree. If you are facing a sexually based offense such as this, it is important to seek the advice of a NYC criminal defense attorney as soon as possible.
According to New York law, those who engage in the following conduct can be charged with violating penal code 130.40 of committing a criminal sexual act in the third degree:
The law defines anal sex as:
Oral sex is defined as contact between the mouth and:
Violation of New York penal code 130.40 is a Class E felony and can carry penalties of:
Being convicted of a sexually motivated crime that is a felony, will impact your life in negative ways. Because felony charges and convictions show up on routine background checks, you may not be able to get a job or rent an apartment or house. Having to register as a sex offender everywhere you live is also problematic for most people. Failing to register when required to do so could mean jail time.
Even though this criminal offense is less serious than other sex crimes, it is still a felony and can create havoc in your life if you are found guilty and convicted. For this reason, you must not wait to speak with a lawyer for advice. Your attorney may be able to negotiate a lighter sentence for you that does not include jail time and long periods of probation.
Being accused of any crime is difficult, but sexually based offenses are embarrassing for you and your loved ones. There is also a great deal of stress association with facing felony charges and possible jail time. Contact a criminal defense attorney today to discuss your options. After going over the facts in your case, a lawyer will let you know the best way to mount a defense in court. Once you have a competent attorney working for you, it will be less stressful for you until you can tell your story in court. Your criminal defense attorney will work hard to preserve both your reputation and your freedom.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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