Last Updated on: 19th October 2023, 12:00 pm

Brooklyn Sex Crime Lawyers: Your Best Defense Against Serious Charges

Dealing with sex crime charges in Brooklyn can be an incredibly stressful and frightening experience. The penalties for conviction are severe, and simply being accused can destroy your reputation, impact your family and work life, and leave you feeling isolated and alone. Having an experienced Brooklyn sex crimes lawyer on your side can mean the difference between prison time and dismissed charges. Keep reading to learn why hiring a local attorney is so important, what defenses they may use, and how the legal process works after an arrest.

Why You Need a Local Lawyer

The Brooklyn courts, judges, and district attorneys do things a bit differently than other boroughs. A lawyer who regularly handles cases in Brooklyn Criminal Court knows the judges, prosecutors, and investigators. They understand the typical outcomes and unwritten rules. This gives them a huge advantage compared to lawyers from other boroughs.

An experienced Brooklyn sex crimes lawyer will also have relationships with expert witnesses like psychologists and investigators. They’ll know how to find loopholes and inconsistencies in the prosecution’s case. Their familiarity with Brooklyn’s unique courts and players makes them far more likely to get charges reduced or dismissed.

Fighting False Allegations

In today’s #MeToo era, false allegations of sexual assault and harassment have become more common. Your life can be turned upside down simply by someone’s word, even if you’ve done nothing wrong. A skilled lawyer knows how to effectively challenge an accuser’s credibility and motives without re-traumatizing a true victim.

For example, they may look for inconsistencies in the accuser’s story, seek people who can refute their claims, or highlight mental health issues that could impact the reliability of their memory. This takes experience and nuance to accomplish effectively. It’s not victim blaming – it’s ensuring the innocent don’t get convicted.

Common Brooklyn Sex Crime Charges

Some of the most common sex crime charges in Brooklyn include:

• Rape
• Criminal sexual act
• Forcible touching
• Sexual abuse
• Sexual misconduct
• Stalking

Rape, criminal sexual act, and sexual abuse charges can come with long prison sentences and lifetime sex offender registration. But an experienced lawyer can often get them pleaded down to lesser offenses or even dismissed. Let’s look at some of the most effective legal defenses.

Consent as a Legal Defense

For charges involving an adult victim, consent is often the biggest issue. Consent can be tricky – it needs to be clearly given, not implied or assumed. Silence or lack of resistance does not mean consent. But many situations fall into a grey area, especially when drugs or alcohol are involved.

A lawyer’s goal is to show that you had a reasonable, good faith belief that consent existed, even if the alleged victim feels differently in hindsight. This is where small details become hugely important – things said, tones of voice, body language, and more.

Mistaken Identity

Sometimes the accusation stems from a genuine case of mistaken identity. The alleged victim sincerely believes you assaulted them but is incorrect. This is more common in cases relying on stranger identification. A skilled lawyer will look for evidence proving you couldn’t have been the perpetrator.

Alibi evidence is crucial here – receipts putting you elsewhere, photos or videos without you present, cell phone records showing your location, etc. Witnesses who can vouch for your whereabouts are also extremely helpful.

False Memories

In some cases, the accuser genuinely believes their memories are accurate when they actually stem from dreams, fantasies, suggestions by others, or even mental illness like schizophrenia. This is especially common with allegations from the distant past.

Your lawyer can request psychological assessments of the accuser and retain expert witnesses to explain how false memories form. They will look for obvious implausibilities and evidence contradicting the accuser’s claims.

What Happens After Arrest

Being arrested for a sex crime is scary. But remember – you are presumed innocent unless proven guilty. An experienced lawyer guides you through the process and protects your rights at each stage:

1. Arrest: Don’t say anything to police without your lawyer. Invoke your right to remain silent.
2. Booking: You’ll be fingerprinted, photographed, and held until arraignment. Bail may be set.
3. Arraignment: This is your first court appearance. Plead “not guilty” and request reasonable bail.
4. Investigation: Your lawyer will do their own investigation, finding witnesses, evidence, and expert testimony.
5. Plea Bargain: Your lawyer may negotiate with the DA to get charges reduced or dismissed.
6. Trial: If no plea bargain, your lawyer defends you before a judge or jury.

With an aggressive lawyer in your corner, many cases end with charges dropped or reduced – no trial needed. But if it goes to trial, Brooklyn sex crimes lawyers know how to craft a compelling defense.

Take Immediate Action

Don’t wait to call a lawyer after being accused of a sex crime. The sooner you hire one, the sooner they can start building your defense. A skilled Brooklyn sex crimes attorney may be able to prevent charges from even being filed once they contact the DA.

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.