New York City Sex Crimes Attorneys

Fighting Against NYC Sex Crime Allegations

Facing sex crime charges in New York City can be overwhelming due to the rigorous law enforcement efforts and the dire impact they may have on your reputation, freedom, and future. Local courts—such as those in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island—regularly prosecute cases brought under Penal Law Article 130 and other state statutes, making it crucial to work with a sex crime attorney in New York with a proven track record in these venues. Navigating this complex process requires an in-depth understanding of both New York law and local judicial procedures, which is why it’s important to hire a sex crime lawyer with real-world NYC courtroom experience. At Cohen Forman Barone, PC, our attorneys leverage decades of success in local courts to strategically defend against the prosecution’s tactics and deliver client-focused representation.

Solid Defense Against Sex Crime Allegations in NYC

There are a variety of sex crimes for which people can be accused. Each type of sex crime carries unique legal implications and consequences. Our attorneys have substantial experience handling complex and high-stakes defense cases for all types of sex crime allegations across New York City.

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

• Sexual assault: Non-consensual sexual contact (touching).
• Sexual abuse: A range of offenses involving sexual contact, often with a minor but sometimes with adults. Severity can vary greatly under New York law.
• Sexual battery: Sexual battery occurs when someone engages in sexual contact without the other's permission. Consent cannot be offered under force, threats, or when the victim is mentally incapacitated.
• Sexual imposition: In New York, sexual imposition is addressed under sexual misconduct as defined by NYS Penal Law § 130.20. This usually refers to unwanted sexual contact less severe than abuse or rape.
• Rape: Forced sexual intercourse accomplished by physical force or threats, including the use of drugs, as defined in NYS Penal Law § 130.
  • Rape in the Third Degree (§ 130.25): This charge may apply if someone engages in sexual intercourse with a person incapable of giving consent due to mental impairment or who is less than 17 years old and the perpetrator is 18 or older.
  • Rape in the Second Degree (§ 130.30): This more serious offense covers sexual acts where the victim is physically helpless, incapacitated, or the age differential is a pivotal factor.
  • Rape in the First Degree (§ 130.35): The most severe charge, including forcible compulsion, victims under 11, or under 13 when the perpetrator is 18 or older.
  • Statutory rape: Sex with a minor who is unable to legally consent. Age requirements and exceptions are determined by New York law.
• Child pornography: This includes the creation, viewing, distribution, or possession of explicit images or videos involving minors in sexual acts. These charges are aggressively prosecuted in NYC and federally.
• Prostitution: Engaging in, offering, or agreeing to engage in sexual conduct for a fee, as addressed under NYS Penal Law § 230.00.
• Public indecency: Includes acts that expose private body parts or sexual conduct in public places and are deemed offensive under local standards.
• Child sexual abuse: Any sexual act involving an adult and a minor or between minors with a significant age difference.
• Indecent exposure: Intentionally exposing intimate parts in public places.
• Sexual misconduct: Lesser offenses such as unwanted touching, often charged as misdemeanors under New York law.
• Forcible touching: Intentional, non-consensual sexual contact, a charge often arising in crowded venues like subways, clubs, or bars in New York City.

Sex Crime Penalties in NY

Sex crimes in New York are prosecuted vigorously and can result in severe penalties upon conviction. Penalties are determined according to the specific charge, the involvement of minors, any aggravating circumstances, and the defendant’s prior history. Offenses may be classified as misdemeanors—carrying possible jail time up to one year—or as felonies, which may entail lengthy state prison sentences and additional long-term consequences.

Severity of Penalties

Penalties for sex crime convictions in New York may range widely depending on the degree of the charge, with felonies such as aggravated sexual abuse or predatory sexual assault carrying decades in prison or even life sentences. Less severe charges, while still serious, may result in jail terms, probation, mandatory treatment, or registration requirements. Whether the alleged offense involves a minor, use of force, or illegal digital activity, the specific facts will guide both the prosecution’s approach and your attorney’s recommended defense strategy.

Beyond incarceration, sex crime convictions in New York may trigger numerous collateral consequences, including mandatory sex offender registration, restrictions on residential areas (especially near schools or parks), and possible loss of professional licenses. Employers in NYC often conduct background checks, and a conviction may limit eligibility for state benefits, public housing, or certain types of employment, even after probation or parole is complete.

Felony vs. Misdemeanor Sex Offenses

In New York, sex crime charges are generally classified as either felonies or misdemeanors. Felony charges—such as first-degree criminal sexual acts or aggravated offenses—result in much harsher punishments, including multi-year prison terms and extended probation. Misdemeanors, while less severe, still come with substantial risks, such as jail time under one year, forced registration, and public record implications that can affect your life for years to come.

Examples of Felony Sex Crimes

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

NY Sex Offender Registration Requirements

New York Sex Offender Registration requirements are based on both the seriousness of the offense and additional designations set by the court. Here’s what individuals charged with sex crimes in New York need to know about these complex regulations:

Registration Length

• Level 1 (Low Risk): Requires registration for 20 years, unless classified as a sexual predator, sexually violent offender, or predicate sex offender (then registration may last a lifetime).
• Level 2 (Moderate Risk) & Level 3 (High Risk): Both levels require lifetime registration.

The Sex Offender Registration Act (SORA) creates a strict and highly enforced registration regime throughout New York City’s five boroughs. Anyone ordered to register must undergo fingerprinting, provide detailed personal and address information, and appear for regular, in-person verifications—often held at local NYPD precincts or court facilities. 

Failing to follow registration protocols—like neglecting an address change, missing a reporting deadline, or moving without notification—is a felony offense that may result in additional charges. Any relocation, whether within New York or to another state, must be reported promptly. These compliance requirements mean it is essential to consult a sex crime attorney in New York who understands SORA requirements. Our lawyers offer guidance to ensure you do not risk unnecessary or accidental violations that can disrupt your life even further.

Who Registers

Anyone convicted of a qualifying sex offense in New York must register, even if the conviction originated in another state or jurisdiction. The NY Division of Criminal Justice Services (DCJS) maintains and monitors the state registry.

Information Required

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

Reporting Requirements

• All offenders must report annually:
  • Current address
  • Internet service provider
  • Internet screen names & email addresses
• Level 2 & Level 3 offenders, in addition, must:
  • Verify their address every 90 days
  • Provide employer address, if employed

Defenses to Sex Crime Charges in NY

In New York, facing a sex crime charge is a terrifying experience, but there are important defenses that your attorney may use depending on your unique circumstances. 

Some of the most common legal defenses to sex crime charges in New York City include the following:

• Consent: Many sex crimes hinge on the question of consent. In New York, a valid defense may be that the alleged victim freely and knowingly consented to the sexual act. However, consent cannot be raised if the victim is underage, mentally incapacitated, or otherwise unable to give legal consent.
• Lack of evidence: Prosecutors are required to prove guilt beyond a reasonable doubt. Defense attorneys challenge the validity of evidence, attack testimonial inconsistencies, and call attention to gaps or contradictions in forensic or digital records.
• False accusation: Sadly, false allegations do happen. A sex crime attorney in New York can explore motives for fabrication, cross-examine complainants, and present alibi or impeachment evidence to challenge the prosecution’s narrative.
• Mistaken identity: Defendants may show they were not present at the crime scene, often providing alibi testimony, video surveillance, or documentary proof that someone else committed the alleged act.
• Entrapment: In rare cases, law enforcement may induce a crime that a defendant otherwise would not have committed. Proper legal support is key to successfully arguing this defense.
• Mental incapacity: If a defendant lacked the mental ability to understand the nature or criminality of the conduct, evidence of impairment or mental illness may be introduced, though this is a challenging strategy and often requires professional evaluation and testimony.
• Statute of limitations: Certain sex crime charges in New York have time limits for prosecution. Your attorney can determine if your case qualifies for dismissal based on elapsed time.

Given the high stakes—including imprisonment and mandatory registration—vigorous defense is essential. From the moment you learn you are under investigation or charged, the support and advocacy of a New York sex crime attorney can be your best chance to minimize or avoid harsh penalties. Cohen Forman Barone, PC firmly believes that everyone is entitled to a presumption of innocence and the right to a strong defense.

Frequently Asked Questions About Sex Crime Defense in New York

What happens at a sex crime arraignment in NYC courts?

A sex crime arraignment is your initial court appearance after an arrest, usually held at one of the city’s criminal courts—such as Manhattan Criminal Court or courts in the other boroughs. During arraignment, formal charges are presented, your rights are explained, bail is argued, and your plea is entered. A sex crime attorney in New York will be present to advocate for reasonable bail and to challenge procedural errors or rights violations. They also begin assessing the strengths and weaknesses of the prosecution’s case, request discovery, and lay the groundwork for suppression motions and other strategic defense actions. Arraignment sets the stage for all that follows—so having a knowledgeable defense lawyer present is an invaluable asset.

Can sex crime charges in New York be reduced or dismissed?

Sex crime charges in New York may be reduced or dismissed based on the strength of the evidence, the circumstances of the arrest, legal arguments regarding procedural errors, or the unique situation of the accused. Prosecutors may lessen or drop charges if critical elements are lacking, evidence is weak or inadmissible, or if there are significant legal flaws in the police investigation. A sex crime attorney in New York will carefully evaluate the prosecution’s case, negotiate assertively with the district attorney’s office, file motions to suppress or dismiss charges, and prepare for trial when appropriate. While no outcome is guaranteed, hiring a sex crime lawyer familiar with New York law improves your odds of reaching a favorable resolution to your case.