Sex crime charges can start having serious consequences well before the accused ever steps foot in court. While the stigma of these charges can have far-reaching impacts, so too can the penalties if the charges end in conviction. In fact, when they do, lengthy jail or prison sentences can be imposed, along with expensive fines, sex offender registration requirements, and more.
A strong defense against sex crimes charges is the best way to:
- Protect your rights: You have the right to be presumed innocent until proven guilty. This means prosecutors have to prove beyond a reasonable doubt that you are guilty of the offense(s) you have been charged with. This can be very challenging to do in sex crimes cases, especially those that rely heavily on witness statements, rather than physical evidence.
- Effectively fight to clear your good name: Don’t accept a plea deal or plead guilty before you speak to a Westchester sex crimes lawyer. You may have various options for defending yourself, and presenting the strongest possible case can be the key to getting charges reduced or, at times, dismissed. That’s crucial when you’re reputation, freedom, and future are on the line.
- Minimize the potential impacts sex crime charges and cases have on your life: Defending against charges of sex crimes often requires strategies similar to those used in cases involving violent crimes, where the stakes are equally high. With an experienced lawyer on your side, you can position your case for the best outcome possible. That can mean better resolutions while helping you move on with your life.
Westchester County Criminal Defense Lawyer Michael J. Borrelli has vast experience defending clients in various types of sex crime cases. Don’t hesitate to reach out to our firm for a free consultation when you need confidential advice about your rights in a potential or existing sex crimes case.
Until then, explore the information and links below for more about sex crimes charges and penalties in Westchester County and New York.
What Is the Age of Consent in New York?
17 is the age of consent in New York. This means that it is illegal for someone 18 or older to engage in intercourse with someone 17 or younger, a minor, regardless of whether both parties say the intercourse was consensual.
Violating this law can lead to statutory rape charges. The nature of these charges and the associated penalties will depend on the age of the alleged victim and the events that allegedly transpired.
In general, statutory rape charges can be:
- 1st-degree rape when the alleged victim is 10 or younger and the defendant is 13 or older
- 2nd-degree rape when the alleged victim is 14 or younger and the defendant is at least 18
- 3rd-degree rape when the alleged victim is 16 or younger and the defendant is 21 or older
Westchester Prostitution Defense Attorney
Prostitution is the illegal act of charging a fee in exchange for a sex act. New York law classifies prostitution as a Class B misdemeanor, for first offenses. Upon conviction, prostitution can be punishable by up to 3 months in jail and/or up to $500 in fines.
Patronizing a prostitute is also a crime under New York law. Classified as a Class A misdemeanor for a first offense, charges of patronizing a prostitute can be punishable by up to one year in prison and/or up to $1,000 in fines. If the prostitute is younger than 14, felony charges and prison time can come into play.
Westchester Sex Assault Defense Lawyers
Consent is one of the primary issues in sexual assault cases. Others can include whether the use of force was involved and whether the alleged victim had the mental capacity to consent.
Generally, sexual assault charges in Westchester County are filed:
- When there is reasonable evidence to suspect inappropriate and sexually motivated touching: This can be any sort of touching that falls short of penetration. When the use of a foreign object is involved, aggravated sexual assault charges may be filed.
- As charges with varying levels of severity: The details of the case play a role in determining the severity of the charges and penalties involved in Westchester County sexual assault cases. Factors like (but not limited to) the age of the alleged victim, the circumstances, and the conduct all matter.
Of course, sexual assault charges have been known to be falsely made. And making false allegations of sexual assault in Westchester County is also a crime that brings fines and jail time.
Westchester Rape Defense Attorney
Statutory rape charges are not the only types of rape charges that can be brought under New York law. Criminal statutes also provide for:
- Date rape charges: These may be filed when there are allegations of nonconsensual sexual contact when the defendant and the alleged victim have a prior relationship (i.e., they are not strangers).
- Rape in the first, second, or third degree: These range from Class B to Class E felony charges. Convictions for first-degree rape charges can be punishable by up to 25 years in prison.
Commonly, rape charges are he said-she said cases, in which factors like character, credibility, and corroborating evidence matter.
How to Be Removed from the New York Sex Offender Registry
Individuals convicted of sex crimes often face not only prison time but also stringent probation terms, which can severely limit their freedom and impose strict supervision requirements. People convicted of certain sex crimes in New York may request and qualify for removal from the New York Sex Offender Registry if:
- They are a level 2 sex offender.
- They have not been deemed to be a sexually violent offender or a sexual predator.
- They have not been designated as a predicate sex offender.
- They meet all the other requirements.
For those who don’t qualify for removal, it may still be possible to seek a modification of his or her risk level, requesting to have it reduced.
In both cases, the success of these requests can hinge on how the petition is crafted and how the case is presented when it’s time to go to court.
Get Superior Defense Advocacy When It Matters Most: Contact Westchester Sex Crimes Defense Lawyer Michael Borrelli
If you or a loved one has been charged with a misdemeanor or felony sex crime in Westchester County, you need an experienced lawyer who can provide exceptional defense representation at every phase of your case. You need Westchester Sex Crimes Lawyer Michael J. Borrelli.
Call (914) 350-5110 or contact us online for a FREE, confidential consultation. We offer consultations 24/7.
The sooner you have Attorney Borrelli in your corner, the better. He has handled tens of thousands of criminal cases of varying degrees, and he can help you with all aspects of a sex crimes case.
With experience as an Assistant District Attorney, Attorney Borrelli has deep expertise in New York criminal law, as well as:
- First-hand knowledge of how prosecutors structure their cases and arguments for an array of sex crime charges
- Lasting relationships with the police and courts in Westchester County.
- More than 29 years of criminal law experience
- A near-perfect success rate in more than 40 felony criminal trials
- Personal attendance for 99% of client court appearances
- A 9.2 rating from former clients on Avvo
Beyond his credentials, Attorney Borrelli is dedicated to helping people just like you. He offers responsive, personalized service, so you always have the information you need and you’re never under pressure when it’s time to go to court. That can give you confidence, a little peace of mind, and the best chances of securing favorable, efficient resolutions.
Find out your best defense options against sex crimes charges now in a FREE consultation.
Frequently Asked Questions
How can a sex crime defense attorney help in Westchester, NY?
A sex crime defense attorney in Westchester, NY can assist by evaluating the evidence, identifying weaknesses in the prosecution's case, negotiating plea deals, and representing you in court to ensure the best possible outcome.
What are my rights if accused of a sex crime in Westchester, NY?
If accused of a sex crime in Westchester, NY, you have the right to remain silent, the right to an attorney, and the right to a fair trial. It is essential to contact a sex crime defense lawyer immediately to protect your rights and build a strong defense.
How can I get my name cleared if falsely accused of a sex crime in Westchester, NY?
If falsely accused of a sex crime in Westchester, NY, it's essential to consult with a skilled sex crime defense attorney. We can help gather evidence, interview witnesses, and build a robust defense to clear your name. For a detailed discussion, contact us.
Additional Information in Westchester, New York
- New York State Division of Criminal Justice Services - Sex Offender Registry: Offers comprehensive information on sex offender registration laws and procedures in New York. It includes details on how to search for registered offenders, the requirements for registration, and legal obligations for offenders.
- Overview of New York Penal Law Article 130: Sex Offenses: This section provides a detailed explanation of the various sex offenses defined under New York law, including legal definitions, potential penalties, and specific provisions for each type of offense. It is a valuable resource for understanding the legal framework surrounding sex crimes in New York.
- Sex Crime Convictions Admissible in Civil Fraud Case: This article discusses a significant legal ruling that allows sex crime convictions to be used as evidence in civil fraud cases. It explores the implications of this decision for future litigation and the potential impacts on defendants and plaintiffs in such cases.