If you’ve been detained and are facing charges related to sex crimes, it’s critical to speak with a legal professional right away. Call Larkin Ingrassia Criminal Defense Attorneys, at (845) 566-5345 to schedule a consultation with a Newburgh sex crimes attorney. Contact our team, which has over 50 years of combined experience and is ready to begin helping you with your case.
Are you facing sex crime charges in Newburgh, NY? If so, you might feel anxious or unsure about what lies ahead. These types of allegations are serious and can come with significant penalties, including prison time and a lasting criminal record. Even once you’ve completed any court-ordered sentences, these types of convictions can affect your life forever. Simply facing these allegations, even without a conviction, can derail your future.
How Larkin Ingrassia Criminal Defense Attorneys Can Help If You’re Arrested For Sex Crimes in Newburgh
If you’re facing sex crimes in Newburgh, NY, the most important step you can take is to reach out for legal help as soon as possible after your arrest. Here’s how our Newburgh criminal defense lawyers can help you:
- We carefully review police reports, forensic results, and witness statements for inconsistencies or procedural errors that could weaken the prosecutor’s case.
- Our attorneys will ensure that law enforcement followed proper protocols. If any searches or interrogations violated your rights, we’ll challenge that evidence in court.
- If appropriate, we can work to reduce or dismiss charges, aiming to lessen the long-term effects of these accusations.
- We’ll make sure you know all the potential consequences of a conviction or a plea deal, which could include the sex offender registry.
Our attorneys have been recognized by Super Lawyers, America’s Top 100 Attorneys, and The National Trial Lawyers.
If you have any questions about a sex crime charge in Newburgh, New York, our team is here to help. Contact Larkin Ingrassia Criminal Defense Attorneys, to schedule a consultation with a Newburgh sex crimes attorney.
Overview of Sex Crimes in Newburgh, New York
Sex crimes encompass a range of offenses that vary in severity, but all carry significant legal and personal consequences. Below are some of the most common sex crimes in Newburgh, New York.
Forcible Touching
Forcible touching occurs when someone intentionally makes non-consensual contact with another person’s intimate parts for sexual gratification. This offense is classified as a misdemeanor. This is what many other states call sexual assault.
Sexual Misconduct
Sexual misconduct refers to engaging in non-consensual sexual activities, such as intercourse, oral sex, anal sex, or touching. This category also includes sexual acts involving animals or deceased individuals. Sexual misconduct is treated as a misdemeanor offense under New York law.
Rape
Rape is one of the most serious sex crimes, as it involves non-consensual sexual intercourse. Even slight penetration is sufficient to warrant this charge. There are three degrees of rape in New York, with first-degree being the most severe.
- First-Degree: First-degree rape involves forcible sexual intercourse or intercourse with a person incapable of consenting, such as those under 11 years old or physically helpless.
- Second-Degree: Second-degree rape applies to individuals 18 or older who engage in sexual intercourse with a minor under the age of 15 or with someone who is mentally incapacitated or unable to consent.
- Third-Degree: Third-degree rape involves non-consensual intercourse under specific circumstances, such as the victim being under 17 and the offender being over 21, or if the victim cannot legally consent.
No matter what degree you are charged with, rape is a serious offense that requires help from a criminal defense attorney right away.
Criminal Sexual Act
A criminal sexual act occurs when a person engages in non-consensual oral or anal sexual conduct. These offenses are broken down into three degrees. The severity increases based on factors such as the use of force or the victim’s inability to consent.
Sexual Abuse
Sexual abuse involves non-consensual sexual contact with another individual. First-degree sexual abuse, categorized as a class D felony, occurs when the contact is forced or involves someone who is physically helpless or under 11 years old.
Aggravated Sexual Abuse
Aggravated sexual abuse involves inserting a foreign object into a person’s vagina, urethra, penis, rectum, or anus, causing physical injury to such person, without consent for non-medical reasons. There are four degrees of this offense, each classified as a felony. Aggravated sexual abuse charges are especially severe when they involve minor victims.
Course of Sexual Conduct Against a Child in the Second Degree
This charge involves at least two instances of sexual conduct with a child under the age of 11 over a period of three months or with a child under 13 by someone 18 or older. It is categorized as a class D felony, with harsher penalties for first-degree offenses.
Facilitating a Sex Offense with a Controlled Substance
Facilitating a sex offense with a controlled substance occurs when someone drugs another person without their consent to commit a sexual crime. This is classified as a class D felony.
Sex crime allegations are immensely serious and require immediate attention. If you or someone you know is facing any of these charges, contact a defense lawyer in Newburgh right away.
What Are the Penalties For Sex Crimes in Newburgh, New York?
Depending on the specific charge, a conviction for a sex crime in Newburgh can result in a wide range of punishments. Below are some of the common penalties you may face.
Prison or Jail
Convictions can lead to lengthy sentences, sometimes up to life behind bars if the charge is particularly severe. The exact sentence depends on factors such as the severity of the offense, whether a weapon was involved, the victim’s age, and the defendant’s criminal history. In some cases, judges have discretion to issue a lesser sentence, but that depends on the details of each case.
Probation
Instead of sending you to jail, a judge might grant probation, which typically includes strict supervision and requirements. You may need to attend mandatory counseling and avoid contact with the alleged victim. Any violation of these conditions can lead to additional penalties, including time behind bars.
Fines
Financial penalties can range from relatively small amounts to many thousands of dollars. Courts usually factor in the severity of the crime, your financial ability to pay, and other individual circumstances. Sometimes, these fines go towards victim assistance programs or court fees.
Sex Offender Registry
Many sex crime convictions carry a requirement to register as a sex offender. Registration means your name and address are publicly available on the registry, which can impact your employment options and personal relationships. Depending on the crime, you may remain on the registry for many years or even the rest of your life.
If you are facing sex crime charges, it’s crucial to understand the potential penalties and speak with a lawyer who can help you navigate the legal process.
What Defenses Can Be Raised If I’m Arrested For Sex Crimes?
If you’ve been charged with a sex crime, it’s important to understand the legal defenses that might apply in your situation. Below are several strategies attorneys often explore.
Consent
Defendants sometimes argue that the other person willingly participated in the act. Successfully showing consent usually involves evidence such as text messages, witness statements, or prior conduct between the parties. This is a tough defense to prove, as it’s almost always going to come down to a he-said/she-said situation, but it isn’t impossible. Your attorney just has to raise reasonable doubt.
Alibi
This is a strong defense if the defendant can confirm they were somewhere else at the time of the offense. Typically, timesheets, receipts, video footage, other electronic evidence, or statements from unbiased witnesses are used to back up these claims. Demonstrating that the defendant had no chance to be at the crime scene weakens the prosecution’s argument significantly.
Mistaken Identity
Alleged victims may point to the wrong individual if they were under distress or if the incident occurred in low visibility conditions. Proving mistaken identity often involves presenting an alibi, surveillance footage, or DNA evidence that excludes the defendant as the offender. It might also involve showing suggestive police lineup procedures.
False Accusations
False accusations can be devastating, especially when sex crimes are involved. They might stem from misunderstandings, grudges, or mental health concerns. Presenting evidence that contradicts the accuser’s story and highlights weaknesses in the case can help build a solid defense. It’s particularly helpful to show an accuser’s motive for these false accusations.
Invalid Police Procedures
If law enforcement ignored proper protocols, the court could exclude the tainted evidence or dismiss the charges. For example, failing to secure a valid search warrant or illegally obtaining a confession violates a defendant’s constitutional rights. Demonstrating these violations can reduce the prosecution’s evidence to a bare minimum. In turn, the jury or judge may find there isn’t enough proof for a conviction.
Understanding these defenses is a good first step toward protecting your rights, but make sure you contact a lawyer as soon as possible.
Schedule a Case Evaluation With Our Newburgh Sex Crimes Attorneys
Sex crime allegations should never be taken lightly, as the penalties can dramatically affect both your personal and professional life. Each defense has its own complexities, and the right strategy depends on the specifics of your case. An experienced attorney can help you understand your legal options and build a strong defense on your behalf.
Make sure you take action quickly and seek legal advice from a professional who can protect your rights.Contact Larkin Ingrassia Criminal Defense Attorneys, to schedule a consultation with a Newburgh sex crimes attorney.