Representing the accused as a sex crimes attorney in the New York City Area, Saland Law has successfully protected clients in a wide variety of sex crimes investigations, arrests, indictments and trials. Leveraging his experience and training both as a Manhattan prosecutor and criminal defense attorney, Jeremy Saland understands how to best protect his clients staring down Penal Law Article 130’s most serious offenses from felony Rape and Sexual Abuse to misdemeanor Forcible Touching and Sexual Misconduct. In fact, having served on both sides of the law with many rewarding experiences, one of Jeremy’s most proud accomplishments as attorney in the criminal justice system was hearing the foreperson at a client’s trial deliver a verdict of not-guilty on all charges including Sex Abuse and Forcible Touching after our client was wrongfully accused of a reprehensible sexual act involving a young complainant’s vagina and buttocks. Though a difficult case and one that required a trial to exonerate our falsely arrested client who was unjustly burdened with the presumption of guilt instead of innocence, knowledge, advocacy and experience won the day. Most importantly, Saland Law prevented a man from finding himself in custody and branded indelibly as a sex offender.
Sex Crimes: The Frightening Power of an Accusation & Crippling Effect of a ConvictionThough it should go without saying, being accused of a sexual crime in New York is one of the most serious matters you can face. Read that, then read it again. The arrest alone can lead to sitting in jail with high bail, the issuance of Orders of Protection, and the shame and humiliation involving the worst kind of stigma. Even worse, a conviction can, and routinely will, affect the rest of your life from your career to friendships and family. The weight of a plea of guilty or conviction is even more debilitating because judges and prosecutors alike won’t hesitate to seek harsh prison sentences and ensure strict compliance with and elevated designations as a registered sex offender under New York’s Sex Offender Registration Act, aka, SORA.
Unfortunately, many innocent people are accused of sex crimes in New York every day by strangers, friends, and family members alike, and others face inflated charges. With this in mind, it is of the utmost importance to not just arm yourself with a capable and fierce advocate who is willing and able to put in the work to defend you while ensuring you have the presumption of innocence as opposed to the far too often assumption of guilt, but that you also have an understanding of the law to aid in making informed and strategic decisions.
Sexual Assault Crimes: The Offenses & StatutesThough the elements of each offense and the severity of the punishment may vary, every Penal Law Article 130 crime shares the following: the sexual act in question was committed without the consent of the accuser. Whether the consent could not be provided due to age, mental defect, or some other infirmity, or the evidence points to the contact or conduct resulting from forcible compulsion, permission or the ability of a complainant to allow an act to occur is a central element of every offense.
With this consent element in mind, the Penal Law Article 130 sex crimes are as follows and involve both adults and minors:
With unique and shared elements, an arrest, indictment or conviction all carry the stigma, shame, and a very real potential or even mandatory requirement of incarceration.
Sex Crime Penalties in New York: No Incarceration to 25 Years Prison & SORASex crimes are routinely prosecuted by Assistant District Attorneys with special training working with sexual assault and abuse victims and in the skills necessary to utilize the medical and scientific evidence that often has a role or place in these cases. This enhanced training is provided not only because law enforcement wants to protect the most vulnerable victims, but the ramification to an accused is so serious that there should be no room for mistake.
While the consequences for a sex crime of any degree can be cripplingly, beyond the particular charges such as Rape, Sexual Abuse, Sexual Assault, Sexual Misconduct or Forcible Touching, it is important to understand the different degrees of the offenses.
The penalties a court can impose on you can vary depending on the nature of the charged offenses, whether violence or a weapon was involved, the age of the accuser, your age, and whether or not you have been convicted of a sexual crime in the past.
The New York Penal law distinguishes between sexual crimes and categorizes them as class A or class B misdemeanors, or Class A through Class E felonies. Each of these categories carries a maximum prison sentence as follows:
In addition to prison, jail, or probation, along with other monitoring, classes, or conditions imposed by a court, many sex crimes are registrable under SORA, including all degrees of Rape and Sexual Abuse, as well as Predatory Sexual Assault Against a Child, Penal Law 130.96, Course of Sexual Conduct Against a Child in the First Degree, Penal Law 130.7, Aggravated Sexual Abuse in the First Degree, Penal Law 130.70, Sexual Conduct Against a Child in the Second Degree, Penal Law 130.60, Forcible touching, Penal Law 130.52, Incest, Penal Law 255.26, and other offenses including Child Pornography related crimes and even non-sexual related Kidnapping in certain circumstances.
Once mandated to register you must keep your name and address current with the Department of Criminal Justice Services (DCJS). The public can access this information to various degrees through the DCJS website. The registration requirements and public access to information vary depending on the level of registration which is meant to reflect your dangerousness and risk of reoffending.
Your Case, Your Life, Your FutureBeing accused of or charged with a sex crime in New York can be devastating to your future, and a conviction will undoubtedly make those fears a reality. No attorney can alleviate all your concerns, but while you cannot change the past whether or not there is any truth to the allegations you face, what you can do to limit your exposure and put yourself on the right trajectory to protect your future, mitigate your conduct, or exonerate yourself is retain the best attorney. Compounding your mistakes or making further missteps at the time you can least afford them is no defense. Start the right defense now and move the process and your life forward.
When there is no substitute for advocacy, knowledge and experience, contact Jeremy Saland, former Manhattan prosecutor and sex crime defense attorney, online or call us at (212) 312-7129.