Fighting A Sexually-based Charge Through A Criminal Attorney In Nassau County, NY

by | Apr 15, 2014 | Personal Injury

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New York State Penal Law outlines the implications, penalties, and circumstances surrounding sexually-based offenses. These crimes are considered heinous in nature and warrant, in most cases, a felony charge. Any sexually-based crime that is classified as malicious or exhibits a willful intent may incur the maximum penalty. Any individual who is convicted of a sex crime is required by New York State Statutes to register as a sex offender in the city and county in which he or she resides. They are further instructed to notify all residents prior to moving into any neighborhood in the state.

What are Sexually-based Offenses?

Any individual who is suspected of engaging in intercourse, oral, or anal penetration with another, who did not willingly give their consent, is charged with sexual misconduct under Penal Code 130.20. This further includes coital engagements with postmortem human beings and animals of any kind. In New York, this crime is classified as a Class A misdemeanor it is punishable by up to four years in prison and fines that do not exceed $10,000. Anyone accused of this offense is advised to secure a Criminal Attorney in Nassau County NY.

Rape is classified by three separate degrees and stipulations. They imply that the victim was unable to provide consent based on a mental defect or was rendered incapable of defending themselves due to force or restraint. The first-degree offense implicates that the victim was either less than eleven and assaulted by an older adult or was less than thirteen and assaulted by an attacker who is eighteen. It is a Class B felony and stipulates that the aggressor forced the victim due to compulsion. The penalty for this offense is a minimum of five years with a maximum of twenty-five years.

The second-degree offense which is a Class D felony implies that sexual intercourse occurred with a victim that was under fifteen years of age. The third-degree offense, which is a Class E felony states that the aggressor engaged in sexual intercourse with an individual who was under seventeen or that the attacker was twenty-one and assaulted a disabled person. These offenses impose a sentence of up to four years in prison and fines that do not exceed $5,000. Anyone accused of these crimes may contact Gregory. R. LaMarca, who is a Criminal Attorney in Nassau County NY.