Queens Predatory Sexual Assault

Under New York law 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 seriously injure the victim or threaten the victim. A second basis for a charge of predatory sexual assault is if you commit one of the listed sex crimes against more than one person. The third basis is if you commit one of the listed sex crimes and you also 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. Of all of the New York sex crimes predatory sexual assault is one of the most serious sex crimes. It is one of just two sex crimes that is classified as a Class A-II felony. If convicted you could end up spending the rest of your life in prison. Because of the harsh sentence that you may receive if you are convicted of predatory sexual assault as soon as you have been charged with this crime, or any of the underlying sex crime it is critical that you contact an experienced Queens Predatory Sexual Assault Lawyer who is familiar with the details of New York criminal law and who will aggressively support and defend you.

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 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 a child who is less than 11 years old. If a person who is 18 years old or older and has sexual intercourse with someone who is a child 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. Criminal sexual act in the first degree involves engaging in oral or anal sex with another person by force, or with a person who is physically helpless, or with a person who is a child who 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 a child who 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. 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 with a child who 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 a child who 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. 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 less than 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 child who is under 13 years old. It is a Class B felony. N.Y. Pen. Law § 130.80.

  • Incest. 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. Use of a child in a sexual performance involves inducing a child who is under 17 years old to engage in sexual conduct. N.Y. Pen. Law § 263.05.

The Arrest and Arraignment

If you are arrested for a serious felony such as predatory sexual assault, the experience can be quite frightening. Once you are processed at the local precinct 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 will go before a Grand Jury. A grand jury is comprised of 16-23 people 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 by the Grand Jury. 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. If you are indicted by the Grand Jury, then you will again be arraigned. There will likely be several hearings and meetings before your case goes to trial.

The Consequences of a Conviction

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).

Your sentence may include concurrent terms of prison and probation. If probation is part of your sentence, then the term will be 10 years. While on probation, you will be required to follow several rules. The rules typically include:

  • That you will be subject to a warrantless search;
  • That you must have a job;
  • That you must support your family;
  • That you cannot associate with other people who have committed felonies;
  • That you cannot go to disreputable places;
  • That you must report to your probation officer regularly;
  • That you cannot drink alcohol excessively; and
  • That you cannot use controlled substances.

Most importantly, if you are on probation you cannot commit another crime. If you fail to follow the terms of your probation your probation officer will violate you. This is serious as the result of a violation could mean that you have to go to prison. You will have to appear in court before the judge who originally sentenced you. 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.

Regardless of the number of years you are sentenced to prison, once you are released you will have to suffer the consequences of having a criminal record that includes a serious felony, and of being a registered 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 have to register your personal information with a designated law enforcement agency. The personal information that you must register includes your name, address, work address, school address, aliases, your crimes, and the attributes of your victim. You will also have to provide a photography. You will have to regularly verify that information and regularly provide an updated photograph. You will not be able to move out of New York state without informing law enforcement. 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. If you do not follow these rules, you can be arrested and charged with a felony that could result in more prison time.

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 Stephen Bilkis & Associates, PLLC has years of experience successfully defending clients in New York criminal courts who are accused of sex crimes, such as rape, criminal sexual act, aggravated sexual abuse, or course of sexual conduct against a child. In addition, we also have experience defending clients who have been charged with other crimes such as incest and child endangerment. 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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