Sexual assault is an incredibly serious charge, but with the wide range of sexual assault charges and other sex crimes in New York, it can be difficult to grasp exactly what these charges could mean and why it is so important to find legal representation as soon as possible to help you or your family member combat these charges.
Sexual assault, rape, sexual abuse and other sexual misconduct crimes require specific actions and can receive specific penalties under New York Law. Many Suffolk county criminal lawyer have multiple tiers of severity under New York law. Understanding these charges is the first step in preparing yourself for the litigation that will follow.
What Are the Tiers of Sexual Abuse Charges?
Like many crimes in New York and even other states, there are different tiers to sexual abuse crimes, with the severity of the crime risking an increased penalty.
Sexual Abuse in the Third Degree
This class B misdemeanor applies when a person has had sexual contact without the consent of the victim. Unlike other sexual abuse charges, there is a possible defense for those less than five years older than the victim if the victim is over the age of fourteen and under the age of seventeen, and the lack of consent is solely due to the victim’s age. This crime carries a potential penalty of one year in jail.
Sexual Abuse in the Second Degree
A person may be charged with sexual abuse in the second degree if a person has had sexual contact with someone who is incapable of consent, for example, due to alcohol, drugs, incapacity, etc. This charge also applies if the victim is under the age of 14. Second degree sexual abuse is a class A misdemeanor in New York. A conviction could result in up to one year in jail.
Sexual Abuse in the First Degree
Sexual abuse in the first degree is a class D felony and involves any sexual contact by forcible compulsion when the victim is physically helpless, when the victim is less than 11 years old, or the person charged is 21 years old or older and the victim is less than 13 years old. This charge holds a sentence of up to seven years in prison so you should take help of Suffolk county criminal lawyer
Aggravated Sexual Abuse in the Fourth Degree
A charge of aggravated sexual abuse involves the insertion of a foreign object into another person’s vagina, urethra, penis, rectum or anus when the person is incapable of consenting. This charge also applies where someone physically injures the victim by inserting a finger into that person’s vagina, urethra, penis, rectum or anus when that person cannot consent. If a person is convicted of fourth degree assault, there is a maximum possible penalty of four years incarceration for this class E felony.
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