NYC Domestic Violence and Sexual Assault Lawyers
In New York, the law classifies assault into many different categories. In most circumstances, assault is when one individual causes injury to another. Sexual assault is one of the most serious types of assault and occurs when one individual uses a weapon or force to sexually assault another. Although rape is the most common type of sexual assault, there are many other types that include sexual abuse, forcible touching, sexual misconduct, sexual misconduct against a minor, and committing sexual assault with a controlled substance.
If convicted, these charges can result in an individual having to register as a sex offender and a prison sentence. The consequences of these crimes are serious, so it is vital to consult with a criminal defense attorney with experience handling sexual assault cases.
What are Some of the Types of Sexual Assault?
Third degree sexual abuse and second degree sexual abuse includes sexual misconduct, sexual abuse, and forcible touching and are considered misdemeanor sex crimes. Those who are charged with forcible touching are accused of inappropriately touching another individual to receive sexual pleasure.
According to New York Penal Law 130.52, sexual misconduct happens if an individual engages in oral, anal, or vaginal intercourse with another without consent. New York Penal Law 130.20 states that any individual who subjects another to sexual contact without consent will be charged with sexual abuse in the third degree.
N.Y. Penal Law 130.55 states that second degree sexual abuse occurs when an individual subjects another to sexual contact, and the individual is not capable of giving consent (other than being less than 17 years old).
According to New York Penal Law 130.00, rape occurs when an individual has forced sexual intercourse with another. However, the law states that penetration must take place for an individual to be charged with rape. New York Penal Law 130.25 states that if convicted of rape, an individual could face up to four years in prison.
New York law states that individuals who are charged with rape in the second degree could face up to seven years in prison, as this charge is a class D felony. A second degree rape charge may include individuals who engage in sexual intercourse with a minor who is under the age of 15.
First degree rape is classified as when an individual has forcible sexual intercourse with another, has sexual intercourse with an individual who is physically restricted, or has sexual intercourse with a minor under the age of 11. The penalty for first degree rape in New York could result in a prison sentence of 25 years.
Sentence Considerations for Sexual Assault Convictions
The sentence for those convicted of sexual assault will vary based on how they were charged. Sexual assaults that are misdemeanors will result in the least amount of sentence time, and sexual assaults that are classified as felonies will lead to longer prison sentences. In addition, if an individual has at least one prior felony conviction, his or her sentence could be more severe.
Aside from a lengthy prison sentence, those convicted of sexual assault are required to register as a sex offender. The New York Sex Offender Registration Act states that those convicted of a sexual crime must stay registered for at least 20 years. However, those who are thought to be at an increased risk for repeated crimes will have to register as a sex offender for the rest of their lives.
Those convicted of sexual assault may also have to pay costly fines. In most cases, the fines can rage from $5,000 to $15,000. However, if a victim has extensive medial bills, the court may raise the fine to cover the medial costs. When individuals fail to pay their fines, it could result in a misdemeanor charge or wage garnishment.
If you are in need of a criminal defense attorney, contact the Spodek Law Group. Since 1976, the law firm has been serving those in the New York area. The skilled team can ensure your rights are protected when you are facing a sexual assault conviction.
May 17, 2018
Spodek Law is a great firm. They are super pragmatic