Nassau County Predatory Sexual Assault Against a Child

N.Y. Pen. Law § 130.96

While law enforcement treats any sexual assault against a child is serious, predatory sexual assault against a child is considered to be one of the most heinous crimes in the New York criminal code. For this reason it is classified as a Class A-II felony and carries a punishment of up to life in prison. Predatory sexual assault against a child involves committing the crime of rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child who is less than 13 years old, and you are at least 18 years old. N.Y. Pen. Law § 130.96. While in most cases having sexual contact with a minor is a crime, if you are at least 18 and the child is not yet a teenager, the crime is considered significantly more egregious. However, just because you have been accused of this crime does not mean that you will be convicted. Because of the possible consequences of being convicted of predatory sexual assault of a child are so severe, if you are accused of this crime it is critical that you immediately contact an experienced Nassau County Sexual Assault Against a Child Lawyer who understands the laws related to predatory sexual assault and as well as the defenses to such as a crime, and who will aggressively defend you.

What are the elements of the crime of predatory sexual assault against a child?

To be charged with predatory sexual assault against a child you must have committed a serious sex crime against a child, including rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, or course of sexual conduct against a child in the first degree.

Rape in the first degree. You would have committed rape in the first degree if you have sexual intercourse with a child who is less than 13 years old and you are 18 year old or older. N.Y. Pen. Law § 130.05. There is no issue as to consent as a child less than 13 is deemed incapable of consenting to sexual intercourse.

Criminal sexual act in the first degree. Criminal sexual act in the first degree is similar to rape in the first degree, except the sex act is oral sex or anal sex. N.Y. Pen. Law § 130.50. Oral sexual conduct refers to contact between the mouth and the penis, anus, vulva or vagina. N.Y. Pen. Law § 130.00(2)(a). Anal sexual conduct refers to contact between the penis and the anus. N.Y. Pen. Law § 130.00(2)(b)

Aggravated sexual abuse in the first degree. Aggravated sexual abuse in the first degree involves inserting a finger or a foreign object into the vagina, urethra, penis, rectum or anus of the victim. N.Y. Pen. Law § 130.70

Course of sexual conduct against a child in the first degree. Course of sexual conduct against a child in the first degree involves having sexual intercourse, oral sex, anal sex, or aggravated sexual conduct with a child who is less than 13 at least 2 times over a 3-month period. N.Y. Pen. Law § 130.80.

What happens during arrest and arraignment?

If the police believe that you committed a sex crime the criminal process will begin with your arrest. You will be taken into custody at the local police precinct. There the police will photograph and fingerprint you. After initial processing at the local precinct you will then be taken to a place called "Central Booking." Central Booking is located in the criminal court building in the county where you were arrested. For example, if you arrested for a crime in Nassau County you will be taken to Central Booking at 99 Main Street in Hempstead. You will remain in Central Booking until you are called for your arraignment hearing.

While you are Central Booking the prosecutor will prepare you case for arraignment, including reviewing the evidence as well as your criminal history. A representative from the Criminal Justice Agency (CJA) will interview you in order to assess your ties to the community. The CJA will use this information in order to make bail recommendation to the judge.

The arraignment is the first time that you will appear before the judge. At that time the charges against you will be read by the prosecutor. The prosecutor will base the charges against you on the evidence gathered in your case. You may be charged with a single count of predatory sexual assault against a child, or there may be additional charges that may or may not be sex crimes. You will enter a plea of guilty or not guilty.

The next step in the arraignment hearing is the issue of bail. The judge will decide if bail is required. The judge may release you on your own recognizance, set bail or require that you be held without bail. The judge's decision will be based on his or her assessment of whether or not you are a flight risk based on the allegations against you, the recommendation of the CJA, the prosecutor's arguments, and your defense team's arguments. Because predatory sexual assault is such a serious crime and carries the possibility of life in prison, the judge will most likely set substantial bail or order that you be held without bail.

After your arraignment there may be several other steps in the criminal process including multiple hearings. Prior to trial the prosecutor may offer you a deal that would require you to plead guilty to a lesser offense. If you agree to a deal, you will not have to stand trial for the more serious original charges. If you do not accept the prosecutor's offer, then your case will proceed to trial.

If I am convicted what will my punishment be?

If you are convicted you could be sent to prison for the rest of your life. If you have one or more prior felony convictions, the minimum number of years you will spend in prison is 15-25 years. N.Y. Pen. Law § 70.00(3). However, if you do not have a prior criminal history, the minimum prison sentence is 10-20 years. You may also be able to reduce the amount of time you spend in prison for a conviction if you agree to a plea deal that allows you to plead guilty to an offense that has less severe penalties.

Post-Release Supervision. If you are sentenced to less than life in prison, part of your sentence will be post-release supervision. Post-release supervision is a community supervision program that allows you to be released from prison after you have served the majority of your prison sentence. There will be several rules that you must follow while you are on post-release supervision. The rules associated with your post-release supervision vary from person to person, but may include that:

  • You must not commit a crime
  • You cannot leave the State of New York without permission
  • You must consent to warrantless searches
  • You must not associate with people who have criminal records
  • You must now own, possess or purchase a gun
  • You must not possess a controlled substance or drug paraphernalia
  • You must refrain from consuming alcohol
  • You must stick to a curfew
  • You must have job
  • You must submit to home visits by your Parole Officer
  • You must submit to drug testing
  • You must regularly report to your Parole Officer

If you violate any of the terms of your post-release supervision, you will receive a revocation hearing and a judge may order that you return to prison to complete your original sentence plus additional time for violating your post-release supervision.

Fines, Fees and Restitution. Your sentence may also include the payment of a fine of up to $5,000. If you are convicted of a crime in New York, you will be required to pay certain fees. For a felony conviction you will have to pay a mandatory surcharge of $300 as well as a victim assistance fee of $25. N.Y. Pen. Law § 60.35. You may also be required to pay post-release supervision fees.

As part of your sentence you may be ordered to pay restitution to your victim. Generally, the maximum amount of restitution is $15,000. However, the court may increase the amount to more than $15,000 to cover the amount of the victim's medical expenses.

If you do not pay a fine, fee or restitution, you may be charged with a crime.

Orders of Protection. As part of the criminal process, the prosecutor may request and the judge may grant an Order of Protection in favor of the victim. An Order of Protection is designed to keep the victim safe by limiting your actions. For example, an Order of Protection may state that you are not permitted to go near the victim, the victim's children and the victim's place of employment. If you live with the victim, you may be ordered to move. If you violate an Order of Protection, you could face additional criminal charges.

Sex offender registration. Following a conviction of predatory sexual assault against a child you will be a registered sex offender under the New York Sex Offender Registration Action. N.Y. Cor. Law § 168. This means that personal information about you and details about your crimes will be put in a special database maintained by law enforcement. In some cases, your information will also be available for the public to view via the internet. You will be required to regularly verify and update this information. The laws requires that you follow this requirements for a minimum of 20 years.

If you are convicted of predatory sexual assault against a child you will end up in prison for several years and perhaps for the rest of your life. You need experienced representation who understands the laws related to sex crimes, who understands how to apply defenses, and who understands the New York criminal justice system. The staff at Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who are accused of sex crimes, such as sexual misconduct, criminal sexual act, forcible touching, sexual abuse, sexual conduct against child, female genital mutilation, and facilitating a sexual offense with a controlled substance. In addition, we also have experience defending clients who have been charged with other crimes including drug possession, domestic violence, grand larceny, petit larceny, gun crimes, assault, robbery, and computer crimes. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case. We serve those accused of sex crimes in the following locations:

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