An arrest for a sex crime in Middletown, New York, can be devastating. The best way to protect yourself is with the help of an experienced Middletown sex crimes lawyer. At Larkin Ingrassia Criminal Defense Attorneys, we can help you. Call our law firm at (845) 566-5345 to schedule a free consultation.
Even if the charges are dismissed, or you are acquitted, the stigma of a sex crime charge can hurt your personal and professional reputation.
Our sex crimes attorneys will fight to protect your rights. We believe that everyone deserves the best defense possible. Contact our law firm to schedule a consultation.
How Larkin Ingrassia Criminal Defense Attorneys Can Help You With Sex Crimes Charges in Middletown, NY
At Larkin Ingrassia Criminal Defense Attorneys, our lawyers focus on criminal defense matters. Our priority is defending the rights of the accused in upstate New York. We fiercely advocate for our clients in court while providing compassionate support and guidance as they navigate this challenging incident.
Our criminal lawyers have over 50 years of combined experience in criminal law. Some of our attorneys are former prosecutors, which is a distinct advantage when defending clients. We know how prosecutors think and how they handle cases. We use that knowledge when negotiating plea deals and arguing cases at trial.
When you hire our top-rated Middletown criminal defense lawyers, you can trust we handle all aspects of your case, including:
- Investigate the circumstances that led to the sex crimes charges against you
- Analyze the evidence the prosecution intends to present in court
- Explain the criminal charges against you and the potential penalties for a conviction
- Explore potential defenses to develop a defense strategy that will give you the best chance of success
- Gather evidence supporting your defense, including working with expert witnesses when necessary
- Aggressively negotiate for a fair plea agreement if taking your case to trial is not in your best interest
- Advocate for you during all court proceedings and at trial
Our legal team has top ratings and awards from national legal organizations, including Super Lawyers, Avvo, and Martindale-Hubbell. Our attorneys have appeared on the Top 100 lists by The National Trial Lawyers and America’s Top 100 Attorneys.
Call Larkin Ingrassia Criminal Defense Attorneys, to schedule a case evaluation with our experienced Middletown sex crimes lawyers.
Common Sex Crimes in New York
Sex crimes are a general term used to describe illegal sexual activity involving another person.
Examples of sex crimes that someone could face include, but are not limited to:
- Rape – Forced sexual intercourse, non-consensual anal contact, or non-consensual oral contact. The force may be physical force, threats, or the use of drugs.
- Forcible Touching – Intentional, non-consensual sexual contact.
- Sexual Abuse of a Child – Any sexual conduct between an adult and a child. Minors under the age of 17 years old cannot give their consent to sexual conduct.
- Child Pornography – Possession of sexual performance by a child under the age of 17 years old.
- Indecent Exposure – Someone exposing their genitals in public.
- Public Indecency – Exposing private body parts or engaging in sexual conduct in a public place.
- Sexual Misconduct – Any misconduct of a sexual nature that does not rise to the charge of felony sexual assault.
- Solicitation and Prostitution – Ask for and/or accept money in exchange for sexual conduct.
The elements of sex crimes vary. However, most sex crimes share the common element of sexual conduct committed without the consent of the victim.
Refusing to engage in sexual conduct is not the only element of consent. A lack of consent could also be based on the victim’s age, mental defect, or other infirmity that prevents the victim from consenting to sexual contact.
What Are the Penalties for Sex Crimes in Middletown, NY?
The penalties for sex crimes depend on numerous factors, including the nature of the offense, the victim’s age, and whether the victim sustained physical injuries. The defendant’s criminal history and whether they used a weapon to commit the crime are also factors.
Sexual crimes can be charged as felonies or misdemeanors, and the potential incarceration period depends on the category:
- Class A felony sex crimes – The defendant may serve up to life in prison.
- Class B felony sex crimes – The defendant may serve up to 25 years in prison with a minimum five-year sentence.
- Class C felony sex crimes – The defendant may serve up to 15 years in prison with a minimum 3.5-year sentence.
- Class D felony sex crimes – The defendant may serve up to seven years in prison with a two-year minimum sentence.
- Class E felony sex crimes – The defendant may serve up to four years in prison with a 1.5-year minimum sentence.
- Class A misdemeanor sex crimes – The defendant may serve up to one year in jail.
- Class B misdemeanor sex crimes – The defendant can serve up to three months in jail.
In addition to serving time in prison or jail, a sentence for sex crimes can include monitored probation. Probation terms could require you to have a job, undergo random drug testing, attend mandatory counseling/therapy, and submit to warrantless searches.
Registration as a Sex Offender in New York
In addition to incarceration, anyone convicted of a sex crime must register as a sex offender with the New York State Division of Criminal Justice Services (DCJS). Offenders convicted in another state have 10 days to register with New York upon moving to the state.
The state uses three levels to classify sex offenders based on their risk of committing another sex crime. The classification determines how long a person must remain on the sex offender registry.
Level 1 Offenders (low risk) must register for 20 years. However, they must register for life if they are designated as a predicate sex offender, sexually violent offender, or sexual predator. Level 2 (moderate risk) and Level 3 (high risk) Offenders must register for life.
The level of the sex offender also determines other requirements for being on the sex offender registry. For example, Level 1 and 2 offenders must report to a local police station every three years to have a current photograph taken. Level 3 offenders must report every year to have their photograph taken.
Violating the terms of the sex offender registry can result in a criminal charge. For instance, failing to register as required is a Class E felony, which can result in 1.5 to 4 years in prison.
Defenses to Charges of Sex Crimes in Middletown, NY
The state must prove beyond a reasonable doubt every element of a crime to obtain a conviction. However, relying on “innocent until proven guilty” to avoid a criminal conviction is unwise. It is in your best interest to present an aggressive defense to allegations of a sex crime.
Potential defenses to sex crimes include:
Consent
Consent is a significant element in a sex crimes case. The prosecutor must prove that the alleged victim did not or could not give consent to the sexual conduct. A valid defense in many cases is that the alleged victim gave their consent willingly and freely. This defense does not work in cases involving minors, intoxication, mental disability, and other infirmities.
Mistaken Identity
A victim may accuse the wrong person of committing the crime. Mistaken identity may be used when you can prove you had an alibi at the time of the crime. An alibi could be established through witness testimony, video surveillance footage, and other evidence proving you were somewhere else.
Lack of Evidence
The state must have sufficient evidence to prove each element of the crime. An attorney may challenge the evidence presented by the state, including refuting witness testimony, challenging forensic evidence, and calling into question the credibility of the accuser’s testimony.
Entrapment
Entrapment is often used when defending prostitution or pornography charges. You must prove that the police induced you to commit the crime because you would not have committed the crime otherwise.
False Accusations
Some individuals bring false accusations of sex crimes. For example, an alleged victim may falsely accuse their ex-partner for revenge or to gain an advantage in family court. Your attorney can identify inconsistencies in the alleged victim’s testimony and identify motives for the alleged victim to lie.
Statute of Limitations
A statute of limitations sets a deadline for prosecuting a criminal case. Your attorney will file a motion to dismiss the charges if too much time has passed since the alleged crime and the charges being filed.
Schedule a Consultation With Our Middletown Sex Crimes Attorneys
New York aggressively prosecutes allegations of sex crimes, especially if they are considered violent. The penalties for a sex crimes conviction can be severe, even for first-time offenders with a clean criminal record. It is crucial to seek experienced legal counsel as soon as possible to protect your rights.
Call Larkin Ingrassia Criminal Defense Attorneys, to schedule a case review with a Middletown sex crimes attorney. Learn about your legal options for a defense from an experienced criminal defense lawyer.