New York Sex Crimes Sentencing

Sex crimes are considered to be among the most heinous types of crimes. While rape is the sex crime that most of us are familiar with, under the New York Penal Code 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. Because sex crimes are so serious most are felonies. This means that if you are convicted of a sex crime there is a good chance that you will be sentenced to prison. Even if you do only spend a short period of time in jail you will still have a criminal record and may end up on the sex offender registry. Because of the severe sentences that accompany a sex crime conviction, if you are charged with any type of sex crime it is critical that you contact an experienced New York sex crimes lawyer who will review the facts of your case and 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 to schedule a free, no obligation consultation regarding your case.

If you are accused of a sex crime you will be arrested and taken into custody. You will initially go to Central Booking, where you will remain until you are arraigned. An arraignment is a hearing before a judge at which you are formally charged. At the arraignment the prosecutor will let the court know the charge that is being brought against you. You may learn that you are being charged with more crimes than you originally expected. 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. Finally, you will be told the date of your next hearing. Several events may occur prior to your trial. If you are unable to agree on a plea agreement with the prosecutor, you will ultimately have a trial. If you are convicted, you will be sentenced to probation, jail, or prison.

Of all of the sex offenses in the New York Penal Code, only 4 are misdemeanors: 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 definite. Definite sentences are jail terms of a year or less. They are served in local jails and not state prisons. Your definite sentence can be reduced by 1/3 if you conduct yourself well while in jail. 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. There is no minimum sentence. 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).

Five sex offenses 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). Class E felonies carry penalties of up to 4 years in prison. N.Y. Pen. Law § 70.00(2). Persistent sexual abuse and aggravated sexual abuse in the fourth degree and are further classified as violent felony offenses. N.Y. Pen. Law § 70.02. As such, if you are convicted of a class E violent felony offense you will receive a determinate sentence that will be at least 2 years in prison up to the maximum of 4 years. You must serve 6/7 of the prison sentence before you will be eligible to be released on parole.

There are 6 class D felonies: 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). Class D felonies carry penalties of up to 7 years in prison. N.Y. Pen. Law § 70.00(2). However all 6 of the class D sex offenses are also classified as violent felony offenses. They each carry a determinate sentence of at least 3 years in prison up to a maximum of 7 years in prison. You must serve 6/7 of the prison sentence before you will be eligible to be released on parole.

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. If you are convicted of this offense, you will face a mandatory minimum sentence of 3.5 years and a maximum sentence of 15 years. You must serve 6/7 of the prison sentence before you will be eligible to be released on parole.

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. If you are convicted of any of these offenses, you will face a mandatory minimum sentence of 5 years and a maximum sentence of 25 years. You must serve 6/7 of the prison sentence before you will be eligible to be released on parole.

There are two sex crimes that are classified as 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). If you are convicted of either of these offenses, you will face a mandatory minimum sentence of 10-25 years and a maximum sentence of life.

If you are a first time offender and the sex offense of which you are convicted is not a violent felony offense, your sentence may be relatively light. You may be sentenced to only a few months in jail, or you may be sentenced to 6 or 10 years of probation and no jail or prison time at all. The prosecutor may also be more amendable to agreeing a plea agreement that would reduce the charge and lessen your possible sentence.

On the other hand if you have prior felony convictions your sentence will likely be harsher than it would be if you were a first time offender. In addition, the minimum sentence that you are required to serve will be higher.

In most cases a conviction for any sex offense will come with probation. In some cases the sentence will consist of just probation, or concurrent terms of prison and probation. While you are on probation you will be monitored and your actions will be restricted. There will be several rules that you will be required to follow, including allowing law enforcement to conduct warrantless searches, having a job, agreeing to drug testing, undergoing drug treatment, if necessary, undergoing psychological testing or counseling, refraining from associating with disreputable people, refraining from possessing firearms, following a curfew, and not leaving New York without permission.

Most importantly, if you are on probation you cannot commit another crime. In other words, you must stay out of trouble. If you fail to follow the conditions of your probation your probation officer will violate you. This is serious as the result of a probation 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.

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. 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 DJS 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 jail or 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.

The consequences of being convicted of 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 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.