Yes. If you are entertaining plea negotiations, your criminal defense lawyer will attempt to reduce your potential sentencing exposure. This is often done by pleading to a lower level crime or a lesser included offense. In addition, it is possible for someone to plead guilty [...]
In any criminal case, how a case proceeds is up to the person charged. Because of the nature of sex crimes and the resultant penalties including the requirement to register as a Sex Offender, many rape cases do proceed to trial. Your experienced criminal defense [...]
Yes. A conviction for any degree of rape will require you to Register as a Sex Offender. Your sex offender level will be determined at your sentencing or before you are released from incarceration. Click here for definitions or frequently asked questions related to sex [...]
Surprisingly, no. New York specifically requires “sexual intercourse” for a rape allegation. Sexual intercourse requires male/female penetration, no matter how slight the penetration is. Non-consensual oral, anal, or other sexual contact are still serious offenses and are covered under the Criminal Sex Act crimes.
Any charge or allegation that you committed a sex offense is scary, and a conviction for a sexually related offense can have catastrophic consequences on your life including registration as a sex offender for a minimum of 20 years. If you have been charged with [...]
To be charged with sexual misconduct, it must be alleged that a person: engaged in sexual intercourse with another person without consent; or engaged in oral or anal sexual conduct without consent; or engaged in sexual conduct with an animal or a dead body.
Sexual Misconduct is a class A misdemeanor under N.Y. Penal Law § 130.20. If you are convicted of Sexual Misconduct, it will result in a criminal record. The potential penalties for Sexual Misconduct are: a sentence of up to 1 year in the local jail [...]
Whether a case proceeds to trial is a case specific decision that is ultimately made by the person charged with the crime after receiving the advice of their criminal attorney. Often, this is made based on any available defenses, the evidence against you, including any [...]
A DNA sample is taken by the police, local jail, or probation department. A swab, like the size of a toothbrush, is placed inside your mouth and rubbed against your cheek. The process does not hurt and takes only seconds. This sample is provided to [...]
The simple answer is that it is important for you to meet with your lawyer, preferably in person or at least by video if circumstances warrant it. You need to have confidence and trust that your lawyer is experienced and equipped to help you. You [...]
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