Sex Crimes

Ithaca Sex Crime Attorneys

Defending Against Sex Crime Charges in Tompkins County

The consequences for those who have been convicted of sex crimes are some of the harshest present in the state of New York. Even if you are allowed probation rather than jail, on account of having no criminal record, you may have your name registered as a sex offender by the New York Sex Offender Registration Act (SORA). This registry would keep you registered for at least 20 years, affecting your ability to get a job, attend school, or even receive a mortgage. 

To avoid these damaging consequences, it is critical to arrange for powerful legal support from our Ithaca sex crime attorney. At The Law Office of Charles H. Kee, our founding attorney, Charles H. Kee, served in the sex crimes unit in Manhattan and has successfully defended people accused of the most serious sex crimes.

Accused of a sex crime? Get expert legal help today. Call us at (800) 954-5724 for a confidential consultation.

Sex Crime Classifications in New York

Engaging in any kind of sexual misconduct is considered to be a terrible crime in the state of New York and is accordingly treated with great seriousness. 

The New York Penal Code has stated that sexual misconduct may be categorized in three primary ways (see NY Penal § 130.20):

  • Engaging in having sexual intercourse with another human who has not given their consent 
  • Engaging in having anal sex or oral sex or anal sex with another human who has not given their consent
  • Committing any act or form of sexual conduct with a human corpse or with an animal

It is important to remember that sexual misconduct is not the only form of sexual crime in New York, however. A person may also be charged with other sex-related crimes, such as sexual abuse categorized in the second degree (as defined by NY Penal § 130.60), sexual abuse categorized in the third degree (see NY Penal § 130.55), or forcible touching (NY Penal § 130.52). For powerful defense against these types of accusations, get in touch with our knowledgeable lawyer as soon as possible.

Common Defenses Against Sex Crime Charges

Accusations of sex crimes are serious, but there are several potential defenses your attorney may use to challenge the charges. These include:

  • Mistaken Identity: The accused person may have been wrongly identified by the victim or witnesses. This is especially relevant in situations where the alleged offense took place in a crowded or chaotic environment.
  • Consent: In some cases, there may be a dispute over whether the alleged victim consented. The defense may argue that the interaction was consensual or that the alleged victim's version of events is inaccurate.
  • False Accusations: It is possible for someone to make false claims due to personal motives, such as jealousy, revenge, or misunderstandings. A strong defense can challenge the credibility of the accuser.
  • Credibility of the Victim: The defense may focus on inconsistencies in the victim's testimony or other factors that cast doubt on their truthfulness. This could include prior false accusations or personal relationships that could influence the victim's story.

Understanding these defenses can help reassure those facing accusations that their case isn't hopeless. A skilled attorney can investigate the evidence, witness statements, and facts of the case to build a solid defense.

Sex Offender Registration and Its Impact

Being placed on the New York Sex Offender Registry can have devastating long-term effects. Here's what it could impact:

  • Employment: Many employers are hesitant to hire individuals on the registry, making it difficult to find or maintain a job.
  • Housing: Those on the registry may face difficulty finding housing, especially in areas near schools or parks.
  • Personal Relationships: Having your name on the sex offender list can strain relationships with family, friends, and romantic partners.
  • Reputation: A sex offender label can tarnish your reputation and lead to social isolation or stigmatization.

However, there may be opportunities to challenge your registration status. For example, individuals may petition for removal after a certain period or if they meet specific criteria. A lawyer can guide you through these options.

Differences Between Felony and Misdemeanor Sex Crimes

Sex crimes in New York are categorized as either felonies or misdemeanors, each carrying different penalties.

Misdemeanors: These are less severe charges, typically resulting in:

  • Jail time of up to 364 days
  • Probation
  • Fines or other penalties

More serious offenses can lead to harsher consequences, including:

  • Longer prison sentences (ranging from several years to life in some cases)
  • Lifetime monitoring through the New York State Sex Offender Registry
  • Restricting personal freedoms such as travel and social interactions

Understanding the difference between these crimes is essential, as felony convictions carry far-reaching consequences that can affect one's entire life.

Penalties for Sexual Misconduct Convictions in NY

Like other crimes in the state of New York, different levels of sexual crimes will result in different lengths of sentences. Because sexual misconduct is a class A misdemeanor, this means that a person convicted would be forced to stay in jail for a maximum of a year. However, other crimes, such as rape, can result in much longer sentences. If the victim is found to be a teenager or a helpless adult, the sentence can result in a lengthier jail time of up to 7 years. The rape of a child under 11 years old is considered to be rape of the 1st degree, which can result in a sentence of up to 25 years.

Frequently Asked Questions (FAQ)

  • What should I do if I am accused of a sex crime?
    If you are accused of a sex crime, it’s critical to stay calm and avoid speaking to law enforcement or anyone else about the allegations without legal representation. Make sure to contact an experienced sex crime attorney as soon as possible to begin your defense and protect your rights.
  • Can false accusations of a sex crime be proven?
    Yes, false accusations can sometimes be proven with the help of a skilled attorney. Your lawyer may gather evidence, interview witnesses, and scrutinize the victim’s statements to uncover inconsistencies or signs of a false claim.
  • What is the process for registering as a sex offender in New York?
    If convicted of a sex crime, you may be required to register as a sex offender under New York’s Sex Offender Registration Act (SORA). The process includes classification based on the severity of the offense and an evaluation of the risk you pose to the public. The registration process is typically handled by the court after sentencing.
  • Can a conviction for a sex crime be expunged or sealed?
    In New York, some convictions for sex crimes may not be eligible for expungement or sealing. However, in certain cases, a lawyer may help you petition the court for relief, depending on the nature of the crime and the circumstances surrounding the conviction.
  • What are the penalties for a first-time sex offense conviction in New York?
    Penalties for a first-time sex offense conviction depend on the severity of the crime. Misdemeanors may result in a year of jail time or probation, while felonies, particularly involving minors or aggravated circumstances, can result in much longer prison sentences and mandatory registration as a sex offender.
  • How does the law define consent in sex crime cases?
    Consent is defined as an agreement between both parties to engage in a sexual act. It must be given freely, voluntarily, and without manipulation or coercion. Lack of consent is a key component in many sex crime cases, and understanding the nuances of consent can play a significant role in defending against charges.
  • Will a sex crime charge impact my immigration status?
    Yes, a conviction for a sex crime can have serious consequences for non-citizens, including the possibility of deportation, difficulty obtaining a visa, or being denied citizenship. If you are facing sex crime charges and are concerned about your immigration status, consult with an attorney who specializes in criminal defense.

Contact Our Sex Crimes Attorney in Ithaca Today

Although being accused of any crime is highly damaging to your reputation, there are few as devastating as sex crime charges. The consequences of such convictions could last the rest of your life if you do not have a powerful Ithaca sex crime attorney by your side.

Don’t face these charges alone. Contact our experienced attorneys at (800) 954-5724 for a strong defense.

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