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 to clear your name and move on with your life. At Cohen Forman Barone, PC, we have the criminal defense strategy that you need.

Our New York City sex crimes defense attorneys will not stop fighting until the case is resolved in the most favorable way for you. For over 35 years we have been helping individuals escape the harmful allegations and life-altering charges that are associated with sex crime charges. 

Solid Defense Against Sex Crime Allegations in NYC

There are a variety of sex crimes of which people are accused. Each type of sex crime has different consequences. Our attorneys are experienced in handling successful defense cases for all kinds of sex crime allegations.

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 with a victim, often a minor, but can include adults. Severity varies.
• Sexual battery: Sexual battery occurs when someone engages in sexual contact without the other person's permission. Consent cannot be given under force, threats, or if the victim is mentally incapable.
• Sexual imposition: In New York, sexual imposition falls under the category of sexual misconduct as defined by NYS Penal Law § 130.20. It refers to unwanted sexual contact that is less severe than sexual abuse or rape.
• Rape: Forced sexual intercourse through physical force or threats (including using drugs) defined by NYS Penal Law § 130.
  • Rape in the Third Degree (§ 130.25): This is the least severe classification of rape and occurs when someone engages in sexual intercourse with another person who is:
    • Incapable of consent due to a factor other than being under 17.
    • Less than 17 years old and the perpetrator is 18 years old or more.
  • Rape in the Second Degree (§ 130.30): This is a more serious offense and applies when someone engages in sexual intercourse with another person who is:
    • Physically helpless.
    • Incapacitated due to intoxication or a mental disability.
    • Less than four years older than the victim (applies to specific situations).
  • Rape in the First Degree (§ 130.35): This is the most serious classification of rape and applies when someone engages in sexual intercourse with another person by:
    • Forcible compulsion (using force or threats).
    • Who is physically helpless.
    • Who is less than 11 years old.
    • Who is less than 13 years old and the perpetrator is 18 years old or more.
  • Statutory Rape: Sex with a minor who cannot legally consent (age varies by state)
• Child pornography: Involves the creation, distribution, possession, or viewing of explicit images or videos involving minors engaged in sexual acts.
• Prostitution: A person engaging in, agreeing to engage in, or offering to engage in sexual conduct with another person in return for a fee as defined by NYS Penal Law § 230.00.
• Public indecency: Public indecency is a legal term that covers any act that exposes private body parts or sexual conduct in a public place, and is deemed offensive by the community.
• Child Sexual Abuse: Any sexual act between an adult and a child (or minors with a significant age difference)
• Indecent Exposure: Exposing private parts in public
• Sexual Misconduct: Lesser offenses than assault, can include groping or unwanted touching
• Forcible Touching: Intentional, non-consensual sexual contact

Sex Crime Penalties in NY

Sex crimes in New York are treated very seriously and can result in significant penalties.

Severity of Penalties

Penalties vary depending on the specific crime, whether a minor is involved, and the offender's criminal history. They can range from misdemeanors with jail time up to a year 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 jail time of less than a year and often probation.

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 determined by two main factors: the severity of the offense and any additional designations assigned to the offender. Here's a breakdown:

Registration Length:

• Level 1 (Low Risk): 20 years, unless classified as a sexual predator, sexually violent offender, or predicate sex offender (then lifetime)
• Level 2 (Moderate Risk) & Level 3 (High Risk): Lifetime registration

Who Registers:

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

Information Required:

• Identifying information (name, aliases, DOB, 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 offenders must report annually:
  • Current address
  • Internet service providers
  • Internet screen names & email addresses
• Level 2 & 3 offenders additionally:
  • Verify address every 90 days
  • Provide employer address (if applicable)

Defenses To Sex Crime Charges In NY

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 victim is a minor 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 testimonies, physical evidence, or potential inconsistencies in the accuser's story.
• False Accusation: Unfortunately, false accusations do occur. Your lawyer can explore potential motives behind a false accusation and identify any inconsistencies that may support your case.
• Mistaken Identity: This defense is applicable if you can establish you were not present at the scene of the crime. Alibi witnesses, video surveillance footage, 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.
• Mental Incapacity: If you can demonstrate 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: There are time limits for prosecuting certain crimes. If too much time has passed since the alleged incident, the charges may be dismissed.

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