Sexual Abuse Lawyer NYC
Have you been charged with sexual abuse in Queens?
The general definition of sexual abuse is an unwanted or nonconsensual sexual act with another person. There are actually a number of different sex crimes that may constitute "sexual abuse" under New York law, and as such it is important to understand what these are and how they are different. Some involve patterns of sexual abuse and some involve minors. Depending on the type of abuse and the age of the victim versus the age of the alleged offender, the charges and penalties may vary.
In the face of any sexual abuse charges – or even informal allegations by a child, parent or adult – it is important to protect your interests. A New York City criminal defense lawyer at Musa-Obregon Law PC can step in and begin working to exercise your constitutional rights to the fullest extent. With sexual abuse cases, it is not uncommon for law enforcement to take aggressive measures to remove the alleged offender from the community and for the case to influence one's reputation, employment and personal relationships. Taking a proactive approach can limit the adverse effects of such a matter.
Understanding Sexual Abuse Charges
New York State Penal Code §§ 130.53-70 describe the specific acts that are considered sexual abuse and classifies these as misdemeanors or felonies depending on their severity.
Brief descriptions of these follow:
- Sexual abuse in the third degree (class B misdemeanor): subjecting another to sexual contact without the victim's consent.
- Sexual abuse in the second degree (class A misdemeanor): subjecting another person to sexual contact when the victim is incapable of consent or is less than 14 years old.
- Sexual abuse in the first degree (class D felony): subjecting another to sexual contact by force, when the victim is physically helpless, when the victim is less than 11 years old, or when the victim is less than 13 years old and the offender is at least 21 years old.
- Persistent sexual abuse (class E felony): committing sexual abuse in the third or second degree when the offender has a two or more previous convictions for sexual abuse.
- Aggravated sexual abuse (class E to class B felony): committing sexual abuse with a foreign object. This may be charged in the fourth, third, second or first degree depending on the circumstances surrounding the case, including the ages of the victim and offender.
The penalties for sexual abuse may vary from time in county jail for a misdemeanor, all the way to 25 years in prison for a class B felony. In addition to incarceration, fines may be imposed and a defendant may face lifetime registration as a sex offender, a requirement that may have a tremendous impact on one's life on its own.
Accused of sexual abuse? Call a NYC criminal defense lawyer.
There is no time to waste if you have been accused of sexual abuse. In any scenario, whether you are the parent of the alleged victim, are a teacher or coach accused of abuse by an angry parent, or were involved in a relationship with a minor and have been accused of abuse, you have the right to legal counsel. As with other sex offenses, a "victim" may make claims of abuse in an attempt to enact revenge or out of anger or jealousy. Some parents have even tried to have their children claim abuse to win custody battles. Make sure your rights are fully protected with a competent Manhattan defense lawyer by your side.