Tilem & Associates, PC vigorously represents individuals accused of forcible touching and sexual abuse in White Plains and surrounding areas. Due to the nature of these charges, defendants in these cases are strongly encouraged to retain legal counsel to protect their rights, preserve their freedom and increase their odds of beating these charges or getting them reduced.
Sexual abuse offenses can be charged as minor offenses or serious violent felonies, depending on the circumstances. Apart from jail or prison, registering as a sex offender is one part of criminal sentencing individuals would rather avoid, which is another reason hiring an attorney would be in your best interests.
Understanding Sexual Abuse Offenses in New YorkPenal Code Sections 130.52 - 130.70 is the framework for forcible touching and sexual abuse, and is referenced when defendants are arraigned. To be charged under the above sections, an individual must subject another to unwarranted sexual contact by “forcible compulsion”, and:
“Consent”, as demarcated by The Laws of New York, means cooperating as an exercise of free will. It requires familiarity with, and approval of, an underlying activity. Submission under the influence of fear, or prior relationship with the defendant, does not constitute consent.
The lowest form of sexual contact is a Class B misdemeanor in New York; the most egregious cases are Class B violent felonies.
Felony Sexual Contact and Violent Crime EnhancementSex abuse in New York could be enhanced if an individual performs an act as described above, and:
Rape and sexual assault, along with other forms of sexual misconduct, could have serious consequence if enough aggravating circumstances exist, including a particularly lengthy jail sentence and minimum period of sex offender registration.
Penalties for Sex Abuse in New YorkThe penalties for Class B misdemeanor sexual abuse may include:
If convicted of forcible touching, a Class A misdemeanor, the sentence may include:
If convicted of the highest level of violent sexual abuse, you could face:
The seriousness of sex abuse crimes should compel defendants to seek competent criminal defense help.
Defenses to Sexual Abuse in New YorkHaving described what constitutes sexual abuse offenses above, the following defenses may be raised to protect the freedom, innocence and integrity of the defendant:
Each case is formed on its own merits; therefore, the defenses used to raise reasonable doubt will vary. Video, photographs, social media posts, witnesses and police reports will help an attorney fight allegations against you.
Removal From Sex Offender RegistryIf you’ve been included in the sex offender registry, you may petition the court under certain circumstances to have your name removed. To qualify, you must:
Failing to register as a sex offender in New York is a Class E felony for first offenses, and Class D for a subsequent offense. As each individual’s circumstances may differ, it’s best to consult with an attorney if you’re contemplating removal from the registry to see if your case qualifies.
Hire an Experienced Sexual Abuse AttorneyTo defend allegations of sexual abuse offenses in New York, you need an attorney that is committed to client excellence and knows how to defend the constitutional rights of the accused. Exemplifying these traits, and many others, is Tilem & Associates, PC. Time and time again, the firm has represented clients in high-stakes criminal trials with an unwavering commitment to defending the accused who have been charged with sexual contact crimes.
Serious charges require equally serious defense counsel to preserve the reputation of the accused. If you have sexual abuse offenses charges pending, or you’ve been arrested and recently posted bond for that charge, contact our office today to schedule your consultation.