NYC Aggravated Sexual Abuse in the First Degree Lawyers
As per the New York Penal Code, a person can commit aggravated sexual abuse in the first degree if they injure another person by inserting an object into body parts such as the vagina, penis, urethra, anus or rectum by force. The victim must be physically helpless or a child under the age of 11 as well. This crime is extremely serious and is considered a sex crime that is categorized as a class B felony. If convicted, a person can receive as long as a 25-year prison sentence. However, in addition to that, there are other repercussions to committing such a terrible crime. Anyone who faces such charges must seek the legal guidance of a skilled defense attorney who specializes in the area of sex crimes.
Use of a Foreign Object
To be charged with aggravated sexual abuse in the first degree, the prosecution must prove that the individual inserted a foreign object into one of the above-mentioned body parts by force. Generally, there is no rule as to what can constitute a foreign object, which means that it could essentially be anything.
Use of Force
A person can be guilty of using force in a few different ways. They include the following:
• Forcible compulsion: If the victim did not consent and the individual used force to insert the foreign object into their body, also threatening the victim with bodily injury or death, it is considered forcible compulsion. This can be accomplished by the usage of a weapon like a gun or knife. Forcible consumption can also be committed if a person threatens to kidnap the victim or someone close to them, such as a friend or member of their family.
• Physically helpless: A person is considered physically helpless if they were asleep, unconscious or unable to refuse the act from being committed. If the perpetrator had permission to insert the object, it would be considered consent, but the victim cannot give consent in the former situations.
• Age: If a victim is under the age of 11, they are unable to legally give consent, so inserting a foreign object into the orifices would automatically be considered a crime.
Arrest and Arraignment
A person who is arrested for aggravated sexual abuse in the first degree in the state of New York can expect to be taken into custody at their local police precinct as soon as possible. A Desk Appearance Ticket cannot be issued because this particular crime is very heinous. Instead, the individual is immediately taken into custody and to Central Booking to stay until they undergo arraignment.
An arraignment is a court hearing that results in the individual being formally charged with the crime. However, there may be more charges where that come from depending on the person’s criminal history and the facts surrounding the case. Depending on those factors, the prosecutor can choose to add on additional charges, such as rape in the first degree, predatory sexual assault, sexual abuse in the first degree and more. Someone in such a situation can also face charges of kidnapping or assault. At the hearing, the person is required to give their plea of guilty or not guilty.
In addition, the judge makes a determination about the person’s bail and whether or not there even is bail. If the judge deems the individual to be a flight risk, there may be none.
Following the arraignment, there are more hearings to come. The defendant may want to make a plea deal with the prosecutor so as to plead guilty to the original or lesser charges. If there is no plea deal agreement, the case will go to trial.
Defenses for Aggravated Sexual Abuse in the First Degree
There are several defenses that can be used for the charge of aggravated sexual abuse in the first degree. One of the most common is that the defense can argue that force was not used during the act and that the individual actually gave consent for the act to occur.
Another common defense is to state that the object that was inserted was done so for legitimate medical purposes.
Like is the case with all other crimes, there is a statute of limitations for aggravated sexual abuse in the first degree. If the charges were brought about after five years, the statue of limitations for this type of crime, the defendant cannot be prosecuted and convicted of it unless the victim was under the age of 18 at the time of the act.
Mar 31, 2020
May 17, 2018
Spodek Law is a great firm. They are super pragmatic