Queens Predatory Sexual Assault Against a Child

Predatory sexual assault is a criminal offense that 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. Predatory sexual assault against a child is one of the most serious sex crime. It is one of just two sex crimes that is a Class A-II felony. This means that if you are convicted of this crime, you could be sentenced to life in prison. The minimum prison sentence that you will serve is 10-25 years. 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 contact an experienced Queens Predatory 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 support and defend you.

Predatory Sexual Assault Against a Child and Related Offenses

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. 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 is similar to rape in the first degree, except the sex act is oral sex or anal sex. 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 the victim. N.Y. Pen. Law § 130.70. 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.

The Arrest and Arraignment

If you are charged with predatory sexual assault against a child you will be arrested and immediately taken into custody at the local precinct where your personal information will be recorded and your fingerprints and photograph will be taken. Next you will be taken to Central Booking where you will remain until your arraignment. This typically takes up to 24 hours. The arraignment is a hearing where you will be formally charged with predatory sexual assault against a child as well as any other charges that the prosecutor deems appropriate. It is the first of many hearings that will take place during the criminal process.

At the arraignment the judge will also decide on bail. The judge's decision on bail will be based on his or her assessment of whether or not you are a flight risk given the charge you face, your personal background, and your criminal history. When a charge is particularly serious with the possibility of a life sentence, the judge is likely to conclude that you are a flight risk and set a relatively high bail, and the chances of being released without bail is less likely. There is also the possibility that you will be held without bail.

Between the time of your arraignment and the actual trial, you may be able to reach a plea agreement with the prosecutor. This may result in some of the charges being dismissed or reduced. If a plea agreement is reached, then a trial will not be necessary.

Sentencing

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. You may even end up with a sentence that results in concurrent terms of prison and probation for 10 years. If you are released from prison and still have probation time to serve, you will have to follow the terms of probation. The terms of probation may include:

  • You must not associate with disreputable people
  • You must not patronize disreputable places
  • You must not use illegal drugs or drink excessively
  • You must complete a drug or alcohol abuse program
  • You must get ordered medical or mental health treatment
  • You must have a job
  • You must support your family

If you fail to adhere to the terms of your probation you may end up back in prison.

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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