Sex Crimes

New York City Sex Crimes Attorneys

Fighting Against NYC Sex Crime Allegations

Countless individuals have been wrongfully charged with sex crimes. If you have been accused of a sex crime, seeking immediate counsel from a qualified NYC sex crimes attorney could help you clear your name and move on with your life. At Cohen Forman Barone, PC, our New York City criminal defense lawyers build the strategy you need.

Our New York City sex crimes defense attorneys will not stop fighting until your case is resolved in the most favorable way for you. For decades, we have helped individuals fight the harmful allegations and life-altering charges that come with a sex crime accusation. Our criminal defense practice is led by managing partner David J. Cohen, who has defended thousands of individuals and companies in New York’s state and federal courts.

At our law firm, we care about you and will fight to get the best possible results in your legal case. Don’t wait a moment longer. Call (212) 577-9314 to discuss your defense strategy with our experienced New York City sex crime lawyers.

What Are Some Common Sex Crimes in New York?

Most sex offenses in New York are defined in Article 130 of the New York Penal Law. Each type of sex crime has different consequences, and our attorneys are experienced in defending all kinds of sex crime allegations.

2024 change to New York’s rape law: As of September 1, 2024, New York expanded the legal definition of rape. Rape now includes non-consensual vaginal, oral, and anal sexual contact, conduct that was previously charged separately as “criminal sexual act.” Conduct that happened before that date is generally charged under the prior law, so the date of the alleged incident matters.

Common sex crime charges our NYC sex crime attorneys can help defend against include:

  • Sexual Assault: Not a single charge in New York, but a common term for many of the offenses below. Learn more about our sexual assault defense practice.
  • Forcible Touching: Intentionally touching another person’s sexual or intimate parts for no legitimate purpose, including squeezing, grabbing, or pinching. A class A misdemeanor.
  • Sexual Abuse: Subjecting another person to sexual contact without consent. Charges range from a class B misdemeanor (third degree) to a class D felony (first degree), depending on force, the alleged victim’s age, and capacity to consent.
  • Sexual Misconduct: A class A misdemeanor covering non-consensual sexual contact that does not meet the elements of rape.
  • Rape: Charged in three degrees, based on force, age, and the ability to consent:
    • Rape in the Third Degree (class E felony): The other person is incapable of consent for a reason other than being under 17; the other person is under 17 and the accused is 21 or older; or the other person did not consent for some other reason.
    • Rape in the Second Degree (class D felony): The accused is 18 or older and the other person is under 15, or the other person is incapable of consent because of a mental disability or incapacitation. If the accused was less than four years older than the other person, that can be an affirmative defense to the age-based charge.
    • Rape in the First Degree (class B felony): Sexual contact by forcible compulsion, with someone who is physically helpless, with a child under 11, or with a child under 13 when the accused is 18 or older.
  • Statutory Rape: Sexual contact with someone under 17, New York’s age of consent. A minor cannot legally consent, even if they appeared to agree. See our statutory rape defense page.
  • Predatory Sexual Assault & Course of Sexual Conduct Against a Child: Among the most serious charges in New York, with potential sentences of up to life in prison.
  • Child Pornography: Involves the creation, distribution, possession, or viewing of explicit images or videos involving minors. These cases can be prosecuted in state court or in federal court. Learn more about our child pornography defense and federal criminal defense.
  • Online & Internet Sex Crimes: Charges that arise from texts, chats, social media, dating apps, or police sting operations. See our cyber crimes defense page.
  • Prostitution: Engaging in, agreeing to engage in, or offering to engage in sexual conduct with another person in return for a fee. Read more about prostitution charges in New York.
  • Public Lewdness & Indecent Exposure: In New York, “indecent exposure” is usually charged as public lewdness or exposure of a person.
  • Child Sexual Abuse: Any sexual act between an adult and a child. Offenses involving minors carry enhanced penalties and often lead to higher sex offender risk levels.

What Are Sex Crime Penalties in NY?

Sex crimes in New York are treated very seriously and can result in significant penalties. A sex crime conviction can also affect you well beyond the legal penalties. When the jail time is over and fines have been paid, you may have to live with a record as a sex offender, which can affect your relationships, where you live, and what work you can do.

Severity of Penalties

Penalties vary depending on the specific crime, whether a minor is involved, and the accused’s criminal history. They can range from misdemeanors with up to a year in jail to felonies with mandatory minimum sentences of many years, or even life in prison.

Felony vs. Misdemeanor Sex Offenses

Sex crimes are typically charged as either felonies or misdemeanors. Felonies are more serious offenses with harsher punishments, while misdemeanors carry up to a year in jail and often probation. Speaking with a sexual assault defense lawyer at our firm can help you understand your charges and know what to expect in your case.

Additional Consequences Beyond Sentencing

Beyond incarceration and fines, convictions for sex crimes often include mandatory registration on the sex offender registry, which can last 20 years or a lifetime depending on the offense.

This registration affects many aspects of daily life, including residency restrictions, employment limitations, and social stigma. A sex crime accusation can also lead to an order of protection and affect child custody and visitation. Read why the first 24 hours after arraignment matter when an order of protection is requested.

Immigration Consequences for Non-Citizens

For non-citizens, a sex offense conviction can be even more serious. Under federal immigration law, rape and sexual abuse of a minor are classified as “aggravated felonies,” which can lead to mandatory detention and deportation, even for green card holders. Because our firm practices both criminal and immigration law, our crimmigration attorneys review the immigration impact of every plea offer before you decide.

Impact of Aggravating Factors

Certain aggravating factors can increase the severity of penalties. These include using a controlled substance to facilitate the crime, causing physical injury, committing the offense against particularly vulnerable people such as children or individuals with mental disabilities, or engaging in predatory sexual assault. These factors may elevate charges to higher-degree felonies, such as class B felonies, leading to longer prison sentences.

Importance of Early Legal Counsel

Given the complexity and severity of sex crime charges under New York law, it is critical to seek legal advice as early as possible, ideally before you speak with police. Learn what questions to answer if you’re stopped by police, and avoid posting about your case online (see our social media do’s and don’ts during a criminal case).

An experienced New York sex crimes lawyer can gather evidence, build a strong defense strategy, and guide you through the criminal justice system to protect your rights and future. Early intervention can often make a significant difference in the outcome of your case.

Examples of Felony Sex Crimes

Felony sex crimes can result in years in prison and hefty fines, and include the following:

  • Rape
  • Predatory sexual assault against a child
  • Course of sexual conduct against a child
  • Aggravated sexual abuse

If you’re being charged with a felony sex offense, seek help from a sexual assault lawyer immediately. Call Cohen Forman Barone, PC at (212) 577-9314 today.

What Are New York’s Sex Offender Registration Requirements?

Under New York’s Sex Offender Registration Act (SORA), registration requirements depend on the offense, the risk level assigned by a judge, and any special designations. Here’s a breakdown:

Registration Length

One of the most common questions people ask us is how long they’ll need to stay on the sex offender registry. It depends on the risk level:

  • Level 1 (Low Risk): 20 years, unless designated a sexual predator, sexually violent offender, or predicate sex offender (then lifetime)
  • Level 2 (Moderate Risk) & Level 3 (High Risk): Lifetime registration. A Level 2 registrant without a special designation may petition the court for relief after 30 years.

How Your Risk Level Is Set

Your risk level is decided by a judge at a SORA hearing, based on points assessed on a risk assessment instrument. Our attorneys can challenge points that aren’t supported by the evidence and argue for a lower risk level, which can mean the difference between 20 years and a lifetime on the registry.

Who Registers

Anyone convicted of a registrable sex offense in New York must register, and many people convicted of similar offenses in other states must register if they move here. The NY Division of Criminal Justice Services (DCJS) maintains the registry. To get the best chance of defeating your charges and avoiding sex offender registration, contact our New York City sexual abuse lawyers immediately.

Information Required

If you’re convicted of a registrable offense, you’ll need to provide the following information as a registered sex offender:

  • Identifying information (name, aliases, date of birth, address)
  • Physical description (height, weight, eye color)
  • Offense details (conviction details, description of the crime)
  • Internet identifiers (screen names, email addresses)
  • Employment and education information

Reporting Requirements

All registrants must:

  • Return an annual address verification form to DCJS
  • Notify DCJS in writing within 10 days of moving
  • Report changes to internet accounts and screen names
  • Have a new photo taken every three years (Level 1 and 2) or every year (Level 3)

Level 3 registrants and those designated sexual predators must also personally verify their address with local law enforcement every 90 days.

Our legal team can help you avoid a conviction that might lead to sex offender registration. If you are convicted, we can help you comply with legal requirements to avoid further legal issues.

What Are Some Potential Defenses to Sex Crime Charges in New York?

In New York, facing sex crime charges can be a frightening experience. There are, however, potential defenses available depending on the specific circumstances of your case.

Some common defenses include:

  • Consent: This is a crucial defense for many sex crimes. In NY, a valid defense is that the alleged victim freely and knowingly consented to the sexual act. However, consent cannot be a defense if the alleged victim is under 17 or incapable of consenting due to intoxication, mental disability, or other factors
  • Lack of Evidence: The prosecution must prove your guilt beyond a reasonable doubt. Your lawyer can challenge the evidence presented, including witness testimony, physical evidence, or inconsistencies in the accuser’s story
  • False Accusation: Unfortunately, false accusations do occur, sometimes during a divorce or custody dispute. Your lawyer can explore potential motives behind a false accusation and identify inconsistencies that may support your case
  • Mistaken Identity or Alibi: This defense applies if you can establish that you were not the person involved or were not present. Alibi witnesses, video surveillance footage, phone records, or other documentation can be helpful evidence
  • Entrapment: This defense is complex but can apply if law enforcement induced you to commit a crime you wouldn’t have otherwise committed
  • Mental Incapacity: If you can show you lacked the mental capacity to understand the nature of your actions at the time of the alleged crime, it could be a defense. This is a challenging defense to establish and typically requires expert testimony
  • Statute of Limitations: New York has no time limit to prosecute rape in the first degree, and extended deadlines (up to 20 years) for some other sex offenses. For many offenses involving minors, the clock doesn’t start until the alleged victim turns 23. Whether a charge is time-barred depends on the exact offense under CPL § 30.10.

When a person is convicted of any of these crimes, the punishment is usually very severe. Incarceration is part of the potential consequences, as is mandatory registration. Our goal is to help you avoid these consequences. You are innocent until proven guilty, and you have the right to defend yourself. For the best possible outcome, having an aggressive advocate on your side is essential.

Why Do I Need a Criminal Defense Lawyer for My Sex Crime Charge?

One of the primary reasons to hire a lawyer when facing sex crime charges is the severity of the punishment if convicted. Not only could you spend time in jail or prison, but you may also spend years, or a lifetime, on the sex offender registry.

This can affect whether employers hire you or landlords rent to you. You may also suffer damaged family relationships and lose custody of your children.

Another reason you need a sex crimes lawyer is the complex legal process. Sex crimes are not taken lightly in New York, and you face a serious task in convincing a judge or jury of your side of the story.

At Cohen Forman Barone, PC, we have decades of experience providing legal counsel and representation to individuals facing many criminal charges, including child sex crimes, alleged sexual assault, sexual abuse, indecent exposure, prostitution, and more. Review some of our case results and client reviews.

Should You Hire Our New York City Sex Crimes Attorneys?

Our New York City sex crimes defense lawyers at Cohen Forman Barone, PC, will work tirelessly to make sure your case is thoroughly prepared.

We pride ourselves on building the strongest possible defense for each client. With a long track record in New York courtrooms, you can count on attorneys who have your best interests in mind.

The prosecution is probably already building a case against you, so you don’t have a moment to lose. Call today to put our skills and experience to work for you.

Facing sex crime allegations in New York City can be overwhelming and life-altering. The complexities of New York penal law, combined with the serious nature of sex crime charges, demand a defense team that is not only knowledgeable but also compassionate and strategic. Our attorneys understand the emotional and legal challenges you face and are dedicated to protecting your rights throughout the process.

Contact Our New York Sex Crimes Lawyers Today

We offer personalized legal strategies tailored to the specifics of your case, whether it involves allegations of rape, sexual abuse, forcible touching, or other sex offenses. Our team reviews all evidence, interviews witnesses, and consults experts to build a strong defense.

We are also well-versed in the nuances of sex offender registration requirements and work to minimize the long-term consequences that can follow a conviction.

Our goal is to help you move through the criminal justice system with confidence and to fight for the best possible outcome, whether that means negotiating reduced charges, seeking dismissal, or preparing for trial. Not sure what comes next? Here’s what to expect in the legal process.

We represent clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island from our office at 950 Third Avenue, 11th Floor, and on Long Island from our Patchogue office at 228 East Main Street.

Early legal intervention is critical in sex crime cases. The sooner you retain experienced counsel, the better your chances of mounting an effective defense. Don’t wait. Call (212) 577-9314 in NYC or (631) 593-5355 on Long Island, or contact us online for a confidential consultation.

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