Queens Sex Crimes Sentencing

Sex crimes are considered to be among the most serious types of crimes. While the term rape is a sex crime term that most of us are familiar with, under the New York law there are several other crimes that are considered sex offenses 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. Of the 23 sex crimes in the New York Penal Code, all but 4 are felonies. A felony is a crime for which the possible sentence is over a year in prison. his means that if you are convicted of a sex crime you will likely to be sentenced to at least one year in prison. For the most serious sex crime, you could be sent to prison for life. In addition to being sent to spending time in prison, if you are convicted of a sex crime you will have a criminal record and you may have to register as a sex offender. In other words, even a conviction on one of the lesser sex crimes will impact the rest of your life. Because of the severe impact on your life of being convicted of a sex crime, if you are accused of any sex crime, it is critical that you contact an experienced Queens Sex Crimes Sentencing Lawyer who will review the facts of your case, explain to you your legal options and aggressively defend you against the charges.

The Arrest and Arraignment

If you are accused of a sex crime, you will be arrested and taken into custody at the local precinct. At the local precinct a police officer will collect personal data from you such as your name, address, date of birth, and social security number. Your fingerprints and photograph will be taken. If the charge is a misdemeanor the police officer may issue you a Desk Appearance Ticket (DAT). With a DAT you will be told the day, time and place of your arraignment hearing, and then you will be allowed to go home. If you are not issued a DAT you will be taken to Central Booking where you will remain until you are arraigned.

Your arraignment is the first time you will appear before a judge. At your arraignment the prosecutor will have the criminal complaint against you which will enumerate the charges against you. In some cases it may be the charge that you expect. In other cases there may be additional charges added in the criminal complaint, or the charge against you may be increased or decreased based on the information the prosecutor discovers while preparing the case for arraignment. For example, if you are charged with facilitating a sexual offense with a controlled substance, you may find that you are also charged with drug offenses such as criminal possession of a controlled substance.

At your arraignment you will also find out if you will be required to pay bail, if you will be held without bail, or if you will be permitted to be released on your own recognizance. The judge will base the bail decision on the gravity of the crime, the possible sentence you are facing, your personal background, and your criminal history. Finally, you will be told the date that you will need to return to court.

If the charge is a felony, your case will likely go before the Grand Jury. If the prosecutor moves forward with the case against you, there may be a number of hearings and meetings before your case eventually goes to trial. Oftentimes criminal cases never go to trial, especially if the charge is a misdemeanor. 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 the deal, you will not have to stand trial for the more serious original charge. If you do not accept the prosecutor's offer, then your case will proceed to trial.

Misdemeanors

The 4 misdemeanor sex crimes are sexual misconduct (N.Y. Pen. Law § 130.20), forcible touching (N.Y. Pen. Law § 130.52), sexual abuse in the second degree (N.Y. Pen. Law § 130.60) and sexual abuse in the third degree (N.Y. Pen. Law § 130.55). Sentences for misdemeanors are for up to a year in jail. They are served in local jails and not state prisons. Sexual misconduct, forcible touching, and sexual abuse in the second degree are all Class A misdemeanors. If you are convicted of one of these crimes, the maximum sentence is up to one year in jail. N.Y. Pen. Law § 70.15(1). Sexual abuse in the third degree is a Class B misdemeanor. The maximum possible sentence is up to 3 months in jail. N.Y. Pen. Law § 70.15(2). Your sentence can be reduced by 1/3 if you conduct yourself well while in jail.

Class E Felonies

A conviction for a crime that is Classified as a Class E felony will result in a prison sentence of up to 4 years in prison. There are 5 sex offenses that are Class E felonies, including: rape in the third degree (N.Y. Pen. Law § 130.25), criminal sexual act in the third degree (N.Y. Pen. Law § 130.40), persistent sexual abuse (N.Y. Pen. Law § 130.53), aggravated sexual abuse in the fourth degree (N.Y. Pen. Law § 130.65-a), and female genital mutilation (N.Y. Pen. Law § 130.85). Persistent sexual abuse and aggravated sexual abuse in the fourth degree and are also violent felony offenses. N.Y. Pen. Law § 70.02. This means that if you are convicted of a Class E violent felony offense the judge must sentence you to at least 2 years in prison. You must serve 6/7 of the prison sentence before you will be eligible to be released on parole.

Class D Felonies

A conviction for a sex crime that is Classified as a Class D felony will result in a prison sentence of up to 7 years. There are 6 Class D felony sex crimes including rape in the second degree (N.Y. Pen. Law § 130.30), criminal sexual act in the second degree (N.Y. Pen. Law § 130.45), sexual abuse in the first degree (N.Y. Pen. Law § 130.65), aggravated sexual abuse in the third degree (N.Y. Pen. Law § 130.66), course of sexual conduct against a child in the second degree (N.Y. Pen. Law § 130.80), and facilitating a sex offense with a controlled substance (N.Y. Pen. Law § 130.90). Each of the 6 Class D sex offenses are also classified as violent felony offenses, requiring a minimum sentence of 3 years in prison. You must serve 6/7 of the prison sentence before you will be eligible to be released on parole.

Class C Felony

A conviction for a sex crime that is Classified as a Class C felony will result in a prison sentence of up to 15 years. The only sex offense that is a Class C felony is aggravated sexual abuse in the second degree. N.Y. Pen. Law § 130.67. It is classified as a violent felony offense, with a required mandatory minimum sentence of 3.5 years. You must serve 6/7 of the prison sentence before you will be eligible to be released on parole.

Class B Felonies

A conviction for a sex crime that is Classified as a Class B felony will result in a prison sentence of up to 25 years. There are 4 sex offenses that are Class B felonies: rape the first degree (N.Y. Pen. Law § 130.35), criminal sexual act in the first degree (N.Y. Pen. Law § 130.50), aggravated sexual abuse in the first degree (N.Y. Pen. Law § 130.70), and course of sexual conduct against a child in the first degree (N.Y. Pen. Law § 130.75). Each of these crimes is classified as a violent felony offense, requiring a minimum sentence of 5 years. You must serve 6/7 of the prison sentence before you will be eligible to be released on parole.

Class A-II Felonies

If a crime is categorized as a Class A-II felony, it is so serious that if convicted the defendant could be sent to prison for life. The mandatory minimum prison sentence is 10-25 years. There are two sex crimes that are Class A-II felonies: predatory sexual assault (N.Y. Pen. Law § 130.95) and predatory sexual assault against a child (N.Y. Pen. Law § 130.96).

Additional Consequences of a Conviction

Probation. If you are convicted of a sex crime, probation will likely be part of your sentence. Even if you are convicted of a misdemeanor sex crime and are not sentenced to jail, there is a very good change that the judge will at least sentence you to probation. While you are on probation you will be monitored and your actions will be restricted in order to ensure that you do not commit another crime. The rules that you may be required to follow include allowing law enforcement to conduct warrantless searches, having a job, supporting your family, completing a drug or alcohol abuse program, undergoing psychological testing or counseling, refraining from associating with disreputable people, refraining from patronizing disreputable places, and following a curfew.

You will also be required to get permission before leaving the jurisdiction, and you will be required to report to your probation officer regularly. If you fail to follow the conditions of your probation 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. If the judge finds that you did violate the terms of your probation, the judge may send you to jail, or may add new probation terms.

Sex Offender Status. Regardless of the number of years you are sentenced to prison, if you are convicted of almost any sex crime you will be required to register as a sex offender under the New York Sex Offender Registration Act. 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. If you do move, you must let the local law enforcement that you have moved to that jurisdiction, and you then be required to follow the sex offender registration rules of that jurisdiction. Even if you do not leave the state you will have to keep law enforcement informed of your address. 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 jail or prison time.

The consequences of being convicted of any sex crime, even a misdemeanor, are devastating. Not only will your life be effected, but the lives of your family members will also be effected. However, with experienced representation you can fight sex crime 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, 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 serve those accused of sex crimes in the following locations:

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