Being accused of sexual assault or rape will undoubtedly present the most daunting challenge of your life. Sex crimes not only carry a stigma, but they can lead to a permanent record, sex offender registration, and a long prison sentence. To fight back against these allegations, it is critical that you hire a meticulous and aggressive sexual assault attorney who has dealt with such matters extensively and The Law Offices of Jason Goldman can help you.
Article 130 of the New York Penal Law governs rape charges, and individuals can find themselves indicted pursuant to § 130.25, 130.30, or 130.40. These counts represent rape in the third, second, and first degree, respectively, the highest of which is a Class “B” felony requiring serious prison time.
The degree with which you are charged will dictate which elements the government must prove in order to convict you. Sometimes, a sex crimes prosecutor will set out to show that you engaged in sexual intercourse by way of forcible compulsion, while other times the government will only need to show that the victim was under the age of consent in New York (17) at the time of intercourse, regardless of whether or not the sexual act was carried out by force. Hence, engaging in sexual intercourse with an “consenting” individual who is under the age of 17 can and will lead to incredibly serious rape charges.
Sexual Assault charges encompass a wide umbrella of conduct, whether it be an unwanted, forcible touching or another sexual act without an individual’s consent. These crimes, too, are governed by Article 130, and range from Class “B” felonies all the way down to misdemeanors. Regardless of class, many of these crimes, if convicted, carry mandatory compliance with the sex offender registry act (SORA), which in and of itself carries different levels of classification.
Sexual harassment charges will likely also be filed anytime an assault or a rape is charged. Sexual harassment, however, can even exist on its own. These charges will automatically bring along an order of protection from a family or state court and require that you refrain from contacting a complaining witness while the case is pending.
Following certain sex crimes convictions, an individual may be required to comply with SORA. While this is intrusive, and may subject you to being on a public registry, SORA is broken down into three levels, each of which have different requirements, different forms of transparency, and different mandatory time lengths. The court may assign one of the following three risk levels:
Level 1 (low risk of repeat offense), or
Level 2 (moderate risk of repeat offense), or
Level 3 (high risk of repeat offense and a threat to public safety exists).
Importantly, there is some leeway as it relates to certain convictions, and the court may elect to conduct a SORA hearing, whereby your defense attorney can successfully find ways to have the court require a Level I as opposed to Level II or III registration.
If you are accused of rape, sexual assault, or sexual harassment, it is imperative that you hire a sexual assault attorney and prominent criminal defense attorney who has dealt with these offenses on both sides of the courtroom. The steps your defense attorney takes, by way of investigation and creative advocacy, will increase your chances of successfully walking away from these serious accusations and shape the rest of your life.
The sooner you put your case in the hands of an experienced criminal defense lawyer, the more opportunity you will have to work toward a favorable outcome.
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