New York Predatory Sexual Assault

Under the New York Penal Code you have committed the crime of predatory sexual assault if you commit 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 in the first degree, and you also cause serious physical injury to the victim or you also use or threaten to use a dangerous instrument; if you commit one of those crimes against more than one person; or if you commit one of those crimes and you have a prior conviction for a felony sex offense, incest or use of a child in a sexual performance. N.Y. Pen. Law § 130.95. Predatory sexual assault is one of the most serious sex crimes. As such it is classified as a class A-II felony with a possible sentence of up to life in prison. Spending the rest of your life in prison or several years in prison would be devastating not just for you, but for your family members. Because of the possible consequences of being convicted of predatory sexual assault, as soon as you have been charged with this crime, it is critical that you contact an experienced New York sex crimes lawyer who understands New York criminal law related to sex crimes and who will aggressively defend you against the charges. The attorneys at the Law Offices of Stephen Bilkis & Associates have decades of experience representing clients who have been charged with sex crimes and other serious crimes such as assault, domestic violence and kidnapping. Find out what we can do for you by contacting us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case.

Predatory sexual assault and related offenses

To be charged with predatory sexual assault you must have caused injury or used a dangerous instrument while committing 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 occurs where a person has sexual intercourse without the consent of the other person. N.Y. Pen. Law § 130.05. There are 3 degrees of the charge of rape. Rape in the first degree is the most serious rape charge. A person commits first degree rape if he or she forcibly has sexual intercourse with another person, or has sexual intercourse with someone who is age 11 or younger. If a person who is 18 years old or older and has sexual intercourse with someone who is less than 13 years old, the older person can be charged with rape in the first degree. It is a class B felony.

Criminal sexual act in the first degree involves engaging in oral sex or anal sex with another person by force, or with a person who is physically helpless, or is less than 11 years old. Criminal sexual act in the first degree will also be the charge if you are 18 years old or older and the victim is less than 13 years old. It is a class B felony. N.Y. Pen. Law § 130.50. Aggravated sexual abuse in the first degree involves inserting a finger or a foreign object into the vagina, urethra, penis, rectum or anus of another person by force, or with a person who is physically helpless, or is less than 11 years old. Aggravated sexual abuse in the first degree will also be the charge if you are 18 years old or older and the victim is less than 13 years old. It is a class B felony. N.Y. Pen. Law § 130.70.

Course of sexual conduct against a child in the first degree involves engaging in sexual contact at least 2 times with a child who is under 13 years old over a 3 month period, with one of the instances being sexual intercourse, anal sex, oral sex, or aggravated sexual abuse. Course of sexual conduct against a child in the first degree will also be the charge if you are 18 years old or older and the victim is less than 13 years old. It is a class B felony. N.Y. Pen. Law § 130.80.

If you commit 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, after already having been convicted of a felony sex offense, incest in the third degree, or use of a child in a sexual performance, and then you commit another sex offense you can be charged with predatory sexual assault. Under the New York Penal Code almost every sex offense is a felony, including rape in the first, second or third degree, criminal sexual act in the first, second or third degree, persistent sexual abuse, sexual abuse in the first degree, aggravated sexual abuse in the first, second, third or fourth degree, course of sexual conduct against a child in the first or second degree, female genital mutilation, or facilitating a sex offense with a controlled substance.

You would have committed incest in the third degree if you marry or have sex, oral sex, or anal sex with someone who you know is related to you, such as an ancestor, descendant, brother, sister, uncle, aunt, nephew or niece. N.Y. Pen. Law § 255.25. Use of a child in a sexual performance involves inducing a child who is less than 17 years old to engage in sexual conduct. N.Y. Pen. Law § 263.05.

Arrest and arraignment

Being arrested and charged with a sex crime can be a frightening experience, particularly if it is the first time that you have been arrested. Once you are arrested you will be taken to Central Booking and held until your arraignment. At your arraignment hearing you will be formally charged. This is when you will learn all of the charges the prosecutor has decided to file against you. In addition to predatory sexual assault, you will likely be charged with additional felonies. The judge will then decide whether to set bail, or release you on your own recognizance.

Your case may end up going to the grand jury. A grand jury is comprised of 16-23 individuals whose job will be to determine if a crime has been committed, and if you were responsible for the commission of that crime. It is not the same as your criminal trial, so your innocence or guilt will not be determined here. The purpose of the grand jury is to determine if there is sufficient evidence to move forward. The prosecutor will be allowed to present his or her case. Cross-examination is not permitted. If your case goes to the grand jury, it is likely that you will be indicted as most defendants whose cases go before the grand jury are indicted. If this happens, then you will again be arraigned. The case will then eventually proceed to trial.

Sentencing and other consequences

Prison. Predatory sexual assault is considered to be a particularly heinous crime. If you are convicted the maximum sentence is life in prison. However, if you do not have a prior criminal history, the minimum sentence is 10-20 years in prison. For second time felony offenders, the minimum sentence is 15 years in prison, while persistent felony offenders will be sentenced to at least 25 years in prison. N.Y. Pen. Law § 70.00(3).

Probation. Your sentence may include concurrent terms of prison and probation. If you are released from prison and must complete your probation term, you will be required to follow rules referred to as “Conditions of Probation.” Conditions of Probation will typically require:

  • That the defendant will be subject to a warrantless search;
  • That the defendant will be subject to drug testing;
  • That the defendant be employed;
  • That the defendant follow all rules of probation, including undergoing drug treatment programs or psychological testing;
  • That the defendant cannot associate with disreputable people.

Most importantly, if you are on probation, you cannot commit another crime. If you fail to adhere to the terms of your probation a probation officer will violate you. This is serious as the result of a violation could mean that you have to go to jail. You will have to appear in court before the judge who originally sentenced you. The Probation Department will urge the judge to revoke your probation and send you to jail. The judge may find that there was no violation, may find that there was a violation and send you to jail, or may find that there was a violation and add new probation terms.

Criminal record and sex offender registration. Regardless of the number of years you are sentenced to prison, if you are released, you will have a criminal record that includes a serious felony, and you will be required to register as a sex offender. Under the New York Sex Offender Registration Act you will have to register for at least 20 years. In some cases, you will be required to remain on the sex offender registry for the rest of your life. N.Y. Cor. Law § 168. As a registered sex offender several restrictions will be placed on you. You will not be able to move out of New York state without informing the New York Department of Criminal Justice Services (DCJS). If you do move, you must let the local law enforcement that you have moved to that jurisdiction, and you must follow that jurisdiction's sex offender registration rules. Even if you do not leave the state, you will have to keep the DCJS informed of your address. Some sex offenders will have to verify their address to the police every 90 days. You will also have to report to the local police and have your photograph taken every three years. You may have to let the police know the name and address of your employer, and the name of the school you are attending. If you do not follow these rules, you can be arrested and charged with a Class D felony that could result in more prison time. Not only is it difficult for registered sex offenders to find employment, it is also difficult for them to rent an apartment. In some cases registered sex offenders are not allowed to enter school property.

Request a free confidential consultation

The consequences of being convicted of predatory sexual assault as well as any other sex crime are devastating and will impact both your life and the lives of your loved ones. Thus, it is critical to seek experienced representation to help you fight such charges. The staff at the Law Offices of Stephen Bilkis & Associates 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, and facilitating a sexual offense with a controlled substance. In addition, we also have experience defending clients who have been charged with drug possession and other drug crimes. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.

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