New York Aggravated Sexual Abuse in the Fourth Degree

In New York, a person would face a charge of aggravated sexual abuse in the fourth degree if they insert a foreign object into another person's the vagina, urethra, penis, rectum or anus and that person is incapable of consenting; or if they physically injure another person by inserting a finger into that person's vagina, urethra, penis, rectum or anus of that person, and that person is incapable of consenting. It is a class E felony. Even though fourth degree aggravated sexual abuse is the least serious aggravated sexual abuse crime, it is still a felony and may result in up to 4 years in prison. If you have been accused of penetrating someone’s vagina, urethra, penis, rectum or anus without their consent, contact an experienced New York sex crime lawyer at the Law Offices of Stephen Bilkis & Associates. With decades of experience, we have the ability and resources to vigorously defend this serious charge.

Note that a charge of aggravated assault in the fourth degree requires the accused to penetrate the vagina, urethra, penis, rectum or anus of another person without the other person’s consent with either their finger or with a foreign object. Note that the statute does not define "foreign object." As a New York sex crime lawyer will explain, a foreign object can be anything such as a bottle, a stick, or a knife.

If the accused inserted their penis into the other person’s vagina without their consent, that would be nonconsensual sexual intercourse. The charge would not be aggravated sexual abuse. It would be rape charge.

For fourth degree aggravated sexual abuse, the lack of consent must be based on the other person being incapable of consent for any reason other than being less than 17. However, there is a notable different between whether the accursed inserted a foreign object into the vagina, urethra, penis, rectum or anus of another person or the accused insert a finger. If they inserted their finger, there is an added requirement that the victim must have suffered a physical injury because of the accused actions.

The sentence for being convicted of aggravated sexual abuse in the fourth degree is up to 4 years in prison as it is a class E felony. However, there is no mandatory minimum sentence. This means that if this it is the defendant’s first offense, the judge has the discretion to sentence you to much less than 4 years in prison. In fact, the defendant may be sentenced to probation. Even though aggravated sexual assault in the fourth degree is a class E felony that carries a relatively mild sentence compared to many other sex crimes, it is still a sex crime. As such, if the defendant is sentenced to probation, it will be for 10 years. However, if the defendant has a prior felony offense, they will face a mandatory minimum sentence of at least 3 years in prison. N.Y. Pen. Law § 70.06. In addition, a conviction means that the defendant will be required to register as a sex offender.

If some accuses you of aggravated sexual abuse in the fourth degree, it is critical to immediately contact an experienced sex crimes attorney serving New York. Even though it is a Class E felony, a conviction will still negatively impact the rest of your like as you will have a felony record and will be required to register as a sex offender. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with felony sex crimes. Contact an experienced sex crimes attorney in New York at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the Nassau County, Suffolk County, Manhattan, Bronx, Staten Island, Brooklyn, Long Island, Queens, and Westchester County.