Are you facing sex crime charges in Kingston, NY? If so, the road ahead can feel overwhelming. Our Kingston sex crimes attorneys at Larkin Ingrassia Criminal Defense Attorneys, are here to help you navigate the legal process. Contact our firm at (845) 566-5345 to schedule a free consultation.
Dealing with allegations alone – not even a conviction – can have an incredibly negative impact on all aspects of your life. If you find yourself in this situation, working with an experienced New York criminal defense lawyer is critical.
Schedule a consultation with an attorney today. We will answer your questions and explain the legal process.
How Larkin Ingrassia Criminal Defense Attorneys Can Help If You’re Arrested for a Sex Crime in Kingston
If you’ve been arrested for a sex crime in Kingston, New York, you need to work with a Kingston criminal defense attorney as soon as possible. Here’s how our firm can help:
- Our legal team will conduct a detailed investigation of the allegations against you, analyzing evidence, interviewing witnesses, and challenging any inconsistencies in the prosecutor’s case.
- We’ll work on motions to suppress unlawfully obtained evidence, ensuring that your constitutional rights are protected in court.
- Our lawyers will negotiate directly with prosecutors to explore reduced charges or alternative sentencing options based on the specifics of your case.
- If necessary, we will argue your case at trial, making sure the court fully hears your side of the story.
Members of our legal team have been recognized by reputable legal organizations such as Super Lawyers, America’s Top 100 Attorneys, Martindale-Hubbell, and The National Trial Lawyers. For help with a sex crime charge in Kingston, New York, we’re here for you. Contact Larkin Ingrassia Criminal Defense Attorneys to schedule a consultation with a Kingston sex crimes lawyer.
Overview of Sex Crimes in New York
Facing allegations of a sex crime in New York can have serious legal consequences. Each offense carries its own definition and penalties, so it’s important to understand what’s involved. Below are some of the most common sex crime charges in New York:
Forcible Touching and Sexual Misconduct
Forcible touching involves touching someone’s intimate parts without consent for sexual gratification. Sexual misconduct addresses non-consensual sexual intercourse, anal sex, or oral sex, and can also include engaging in sexual acts with an animal or a deceased person.
Rape
Rape in New York is defined as non-consensual sexual intercourse involving penetration, no matter how slight. There are three degrees: first-degree rape is the most serious, involving the use of force or the victim’s incapacity, while third-degree rape is generally considered less severe.
Criminal Sexual Act
This crime focuses on involuntary oral or anal sexual acts. It has three degrees, ranging from a Class E felony (third degree) to a Class B felony (first degree). The degree of the charge depends on factors like whether force was used or if the victim was incapacitated.
Sexual Abuse
Sexual abuse includes any non-consensual sexual contact for the purpose of sexual arousal or gratification. Charges range from a misdemeanor (third degree) to more serious felony offenses (first degree), especially when the victim is a minor or physically unable to consent.
Aggravated Sexual Abuse
Aggravated sexual abuse refers to inserting a foreign object into a person’s genital or anal area without valid medical reasons. There are four degrees, all of which are felonies, with increasing severity depending on the victim’s age, the presence of injuries, and any use of force.
Course of Sexual Conduct Against a Child in the Second Degree
This charge requires at least two incidents of sexual conduct with a child under 11 years old over a period of at least three months. If the offender engages in more severe conduct, such as sexual intercourse or penetration, the charge may be upgraded to Course of Sexual Conduct Against a Child in the First Degree, which is a Class B felony.
If you’re facing charges for any of these offenses or need more information, consulting with knowledgeable legal representation is the most important step you can take.
What Are the Penalties For Criminal Convictions in Kingston, New York?
When you’re charged with a criminal offense in Kingston, NY, the possible consequences hinge on several elements, including the crime’s severity, your criminal record, and the harm caused to any victims. Below are some penalties you might encounter with more serious crimes:
Prison Time and Fines
Felony convictions in New York can result in a prison sentence that ranges from a few years to decades, depending on the degree of the charge. Misdemeanors, while less severe, can still lead to up to a year in jail and require you to pay significant fines. The more serious the crime, the longer your potential prison term and the higher your fines.
Probation, Community Service, and Other Sanctions
In some cases, judges order alternative sentencing. You might receive probation, which imposes strict conditions like regular check-ins, mandated counseling, or frequent drug testing. Courts can also assign community service or other requirements, such as mandatory treatment programs. Violating these conditions can result in harsh punishments.
Sex Offender Registration
Certain crimes, including most sex offenses, require offenders to register as sex offenders, often for many years or even a lifetime. This registration can affect your housing options, employment opportunities, and how the public views you. Failing to register or update information with local law enforcement is another criminal offense that carries additional penalties.
Long-Term Consequences
Criminal convictions can impact your ability to find housing, secure employment, or apply for certain professional licenses. If you don’t address your charges effectively, you could be dealing with the repercussions for years.
If you’re facing serious criminal charges in Kingston, speaking with an experienced attorney can help you understand what to expect and what steps you need to take to mitigate the penalties as much as possible.
What Defenses Can Be Raised If I’m Arrested For Sex Crimes?
When you’ve been accused of a sex crime, it’s crucial to explore potential defenses right away. Below are some common approaches lawyers often use:
Consent
In many cases, a defense attorney might argue that the contact was consensual and that there was no force or coercion involved. This often comes down to what each person says happened and any evidence (like messages or witness statements) indicating both parties agreed to the activity.
Alibi
If you can show you were somewhere else when the crime occurred, the prosecution may lack enough proof to link you to the scene. Alibi defenses typically involve cell phone records, credit card receipts, other electronic evidence, eyewitness accounts, or anything else verifying that you were not present when the alleged incident happened.
Lack of Evidence
In certain sex offense cases, there might not be sufficient evidence to prove each element of the crime. Your defense attorney can highlight inconsistencies in the prosecution’s case by questioning the reliability of forensic evidence or witness testimony.
Police Misconduct or Procedural Errors
There are many rules around how law enforcement can gather evidence or question suspects. If an officer violated your rights – like conducting an unlawful search or failing to read you your Miranda rights – some or all of the evidence may be thrown out, meaning it cannot be used against you. This could lead to certain charges being dropped or your entire case being dismissed.
Mistaken Identity
Sometimes, victims misidentify the person who harmed them. This could be from difficult conditions that made it hard to see, like lighting, stress, or intoxication. Alternatively, police misconduct could also lead to a false identification. An investigator may be able to produce photos, surveillance footage, or DNA evidence to show that you’re not the right suspect.
If you need help figuring out your legal options and which defenses might apply to your case, get in touch with a Kingston sex crimes attorney right away to protect your rights.
Schedule a Case Evaluation With Our Kingston Sex Crimes Lawyers
Being charged with a sex crime is one of the most serious situations you can face. In addition to legal consequences, you’re likely to face long-term personal and professional consequences – possibly for your entire life. Even if you aren’t convicted, simply being accused of a sex crime can be devastating.
If you find yourself facing one of these charges, it’s important to reach out to a criminal defense attorney as soon as possible. Contact Larkin Ingrassia Criminal Defense Attorneys to schedule a consultation with a Kingston sex crimes lawyer.