NYC Criminal Sexual Act in the First Degree Lawyers
According to the New York Penal Code, a criminal sexual act in the first degree is committed when the following occurs:
A person who is at least 18 engages in anal or oral sex with someone under 13 years old.
A person has oral or anal sex with a person who is physically helpless.
A person has oral or anal sex with someone under the age of 11.
A person uses force to engage a person in anal or oral sex.
The offense of criminal sexual act in the first degree is one of the more serious sexual act charges in New York. It’s a class B felony. Iif convicted, you could face up to 25 years in prison. If you don’t receive the maximum punishment allowed by law, because this crime is viewed as a violent felony, a conviction means spending significant time in prison. You will also experience life-changing consequence when released.
Lack of Consent
To be charged with the crime of criminal sexual act in the first degree, the prosecution must prove that there was no consent. There’s no consent if the following conditions occurred:
Age: Consent cannot legally occur in the following situation. Consent can’t happen if the victim is under 11 years old. Or, you were at least 18 years old and the victim was under 13 years old.
Forcible Compulsion: If you used physical force to have oral or anal sex with the victim, you cannot consent. Forcible compulsion can also refer to the implied threat of physical injury or death to the victim.
Physically Helpless: A physically helpless person is a person who is unconscious or can’t express refusal to the sex act. You don’t have to do anything to cause the person to be in a physically helpless state. It’s enough to take advantage of someone who is physically helpless.
The Arrest and Arraignment
If you are arrested for criminal sexual act in the first degree, you will be taken to a police precinct for central booking. You will stay there until your arraignment. You will be charged with the crime during the arraignment hearing. It is possible to have additional charges added during this time. You will also have to enter a guilty or not guilty plea.
Bail is assessed during your arraignment. Your chances of getting bail depends on whether the court sees you as a flight risk. The judge then determines the amount of the bail and tells you when your next court appearance will be.
There are several defenses to this crime. You can prove that the act was consensual. Another possible defense hinges on intent, if you can prove that you did not intend to commit the crime, you may have a defense. The crime also has a statute of limitations. If you can show that the statute of limitations for the crime has passed, you cannot be convicted.
Again, if convicted of this crime, you could face up to 25 years in prison. If you receive probation, you won’t go to prison but will have to abide by a strict set of rules. Regardless of the time of punishment you receive, if convicted you will have to register as a sex offender.
Being charged with a criminal sexual act in the first degree is a serious crime. You will need to hire an experienced attorney to help you through this process. The attorneys at Spodek Law Group have experience assisting people with their defense for this type of crime. Do not hesitate to contact us at (888) 908-3274 to schedule a free consultation.
May 17, 2018
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