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Expertise

Sexual Conduct Against a Child

Sex crimes in New York State are some of the most heavily prosecuted crimes once charged. If the offense involves a child, it is generally a higher level offense meaning serious time behind bars can be ordered by the court. In its lowest level, this offense is a class D felony which typically carries a minimum sentence of two years, up to seven. The higher level of the offense is a class B felony, which can lead to a maximum 25-year sentence. Each level of the offense includes multiple sections in which the offense can apply, but regardless it can lead to complex and lengthy court proceedings. It is important to have an attorney by your side who you can trust to help navigate the court. Call now for a free consultation with one of our experienced New York criminal attorneys.

To begin with the lower level of the offense is charged when the person has engaged in the sexual conduct with a child for a period of at least three months. The first level of conduct described is when a person has engaged in two or more acts of sexual conduct with a child less than eleven years old within that period. Second, would be when a person over 18 engages in two or more acts of sexual conduct when the child is younger than 13. It is important to know that if a person is charged with this offense, they can be charged with other offenses involving the same victim if they happened outside of the three-month period which is the scope of this statute.

The higher level of the offense, as mentioned above, is charged as a class B felony, which can lead to up to 25 years if the court uses full discretion to apply the maximum sentence. This level of the offense uses the same three-month period as the lower offense does but includes different acts to have been committed. The first situation in which this higher level of the offense would apply would be when a person engages in two or more acts of sexual conduct within the time period and at least one of those acts has been aggravated sexual conduct, oral or anal sexual conduct or sexual intercourse with a child younger than eleven.

If a person who is over 18 engages in the same type of activity as just described with a child younger than 13 within the time frame, the higher offense also applies. As with the lower level of the offense, the induvial acts within the three-month period cannot be individually charged if they involve the same victim if a person has been charged with this specific offense.

Sex crimes in New York State already mean heavy prosecution from the court, but offenses that involve a child are more complicated especially without an attorney. Let our team of experienced New York criminal attorneys help you with your case and make sure that you have the best legal team to defend you. Call now for a free consultation.

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