Sex Crime Defense Lawyers & Attorneys
We combine years of valuable criminal defense experience with one-on-one, personal attention to provide the best possible defense and representation for you. We guide you through the criminal defense process so you understand your charges and explain your options and potential consequences.
An allegation or accusation of a sex crime is one of the most difficult things a person can experience. It is for this reason that you must hire an experienced criminal defense attorney who has defended and represented people charged with sex crimes. It takes a unique skill set to understand the type of charges related to criminal sex acts, rape, sexual misconduct, forcible touching, sex abuse and child pornography.
Within the category of Sex offenses, and the crimes of Sexual Misconduct, Rape, Criminal Sexual Act, Sexual Abuse, and Sexual Assault, there are several terms that are defined and pertain to all crimes related sex offenses. The legal definition may differ from what may be the common meaning of a word or phrase. These definitions are an integral part of any defense to a sex crime. For more information on these terms and possible questions, please see the Definitions tabs below.
Frequently Asked Questions About Sex Crimes
Our criminal defense lawyers provide answers to some important questions below.
- Course of Sexual Conduct Against A Child
- Criminal Sex Act
- Forcible Touching
- Rape
- Sex Offenses Definitions/Sex Crimes FAQ's
- Sexual Misconduct
If you are charged with or accused of Course of Sexual Conduct Against a Child, it is important to hire an experienced criminal defense lawyer who will work with you, help you understand the charges or allegations, and will defend you against these very serious accusations. It is crucial that you remain silent in the face of any allegation against you and contact a lawyer who handles sex crime charges who can guide you and advise you about how to handle this type of allegation.
Course of Sexual Conduct Against a Child in the Second Degree occurs when over a period of 3 months a person:
- Engages in 2 or more acts of sexual conduct with a child less than 11 years old; or
- Is 18 years or older and engages in 2 or more acts of sexual conduct with a child less than 13 years old.
Course of Sexual Conduct Against a Child in the Second Degree is a Class D violent felony.
- Up to 7 years in State Prison.
- Post-Release Supervision between 3 and 10 years
- Sex Offender Registration.
- 10 years of Probation.
- Fines up to $5000.
- Sex Offender surcharges/fees totaling $1425.
- Provide a DNA Sample.
- Pay Restitution.
- HIV Testing.
Course of Sexual Conduct Against a Child in the First Degree occurs when over a period of 3 months a person:
- Engages in 2 or more acts of sexual conduct, and at least 1 of the acts must include sexual intercourse, oral sexual conduct, anal sexual contact, or aggravated sexual contact, with a child less than 11 years old; or
- Is 18 years or older and engages in 2 or more acts of sexual conduct, and at least 1 of the acts must include sexual intercourse, oral sexual conduct, anal sexual contact, or aggravated sexual contact, with a child less than 13 years old.
Course of Sexual Conduct Against a Child in the First Degree is a Class B violent Felony.
- Up to 25 years in State Prison.
- Post Release Supervision from 5 to 20 years.
- Sex Offender Registration.
- Fines up to $5000.
- Sex Offender surcharges/fees totaling $1425.
- Provide a DNA Sample.
- Pay Restitution.
- HIV Testing.
To be charged with Rape, Sex Abuse, or Aggravated Sexual Abuse, or any other sexual offense your accuser would have to allege another sexual occurrence happened outside the timeframe set forth in the Course of Sexual Conduct charge. Otherwise, those charges are included within the Course of Sexual Conduct charge.
Yes. If you are convicted for the crime of Course of Sexual Conduct Against a Child, you will be required to register as a sex offender.
How long you must register as a sex offender depends on your sex offender level designation. A Level 1 offender will register for 20 years. Level 2 and 3 offenders are required to register for life.
Whether a case proceeds to trial depends on many factors. In a sex case, it is important to understand the evidence against you: including whether there is DNA evidence or other corroborating evidence, whether there are incriminating statements, whether the accuser is credible or has lied in the past. An experienced criminal defense attorney will go over the evidence with you and help you make the determination as to whether you want to enter plea bargain negotiations or take the case to trial.
Timeline of a Criminal Defense Case
- Whether you just made a big mistake, or are being falsely accused, this can be a very emotional and important time in a case
- It is very important that you remain silent and not answer any questions about the case without a lawyer present
- Contact a criminal defense attorney as soon as possible
- Confirm the lawyer is an experienced criminal defense lawyer
- Meet with the lawyer who will help you understand the process of a criminal case
- If you have been arrested, critical proceedings and time frames begin immediately
- You will appear before a judge who will determine if you will be incarcerated, released on bail or supervision, or released without conditions
- If you are charged with a felony in a town, village or city court, the prosecuting agency will have six months from the date of your arrest to determine whether to present your case to a grand jury to seek an indictment or return your case to a lower court to be handled as a misdemeanor
- Discovery is the exchange of information between the governmental agency prosecuting you, you, and your attorney
- In New York State this process begins shortly after your appearance in court
- You can expect exchange of the following if it exists in your case:
- Police Reports
- Investigative Notes
- Videos / Body Camera Footage / Dash Camera Footage
- Forensic Reports
- Photographs
- Exculpatory Material (Brady)
- Impeachment Material
- You and your attorney may also be engaged in information gathering that includes:
- Freedom of Information Law (FOIL) Requests/Responses
- Additional Witness Interviews
- Expert Evaluations / Disclosures
- Motions are written applications to the court to request any of the following:
- Preclude Evidence
- Suppress Evidence
- Seek a Ruling on a Constitutional Rights Violation
- Seek Outright Dismissal of One or More Charges Based on Legal/Factual Matters
- Request Hearings
- A plea bargain is an offer from the prosecuting attorney to resolve your case
- Whether to plead guilty or not is always a choice you get to make, not your attorney
- Your attorney will meet with you, discuss the facts and the law of your case, and offer advice. A plea offer takes into consideration your charges as well as:
- Prior criminal history if any
- Life experiences
- Evidentiary Problems
- Post-Incident Actions
- Mental Health Counseling
- Substance Abuse Treatment
- Anger Management Treatment
- If you choose not to accept a plea bargain and are heading to trial, there are likely to be hearings to consider the following:
- Preclusion/Suppression of Evidence
- Admissibility of Evidence
- What Prior Criminal History/Bad Acts May Be Introduced by the Prosecutor if You Testify on Your Own Behalf
- During a hearing, there is no jury, and the judge will make factual and legal determinations regarding what evidence will be allowed at trial.
- You have the right to a trial by a fair and impartial jury or by the judge who will act as both judge and jury
- At a trial, the prosecution has the burden to prove your guilt beyond a reasonable doubt
- The judge or jury will listen to the evidence presented and the arguments by the lawyers, apply the facts to the law, and render a verdict of not guilty or guilty
- A Verdict must be unanimous
- If you are convicted at trial, or if you entered a plea bargain, there will be a sentencing date where your punishment will be imposed by the judge
- If you previously entered a plea bargain, the judge will likely impose the agreed upon sentence at that time
- In the event you are convicted, you have the right to appeal
- This is true whether you plead guilty or are convicted after trial
- However, by accepting a plea bargain, you may have waived some of your appellate rights
- It is important that your attorney file a notice of appeal on your behalf and that you discuss the appeal process with your lawyer
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