Any arrest is an embarrassment and the degree of your humiliation likely depends on the allegations you face as well as your threshold for pain. Whether you are ultimately vindicated, plea to a lesser offense or are convicted after trial, the shame of a Public Lewdness arrest in Manhattan, Brooklyn or Queens, or prosecution in a suburban county such as Westchester, Rockland, Putnam or Dutchess, can overwhelm you to a magnitude you have never experienced. Simply, regardless of which District Attorney’s Office prosecutes you, an accusation that you violated New York Penal Law 245.00 can even make New York City seem like a very small place. While other offenses and crimes may technically be more serious in terms of punishment, Public Lewdness, ranks up high on the list of criminal offenses in New York that can lead to ridicule, employment problems and a host of collateral issues that your criminal lawyer will best prepare you to manage.Public Lewdness: Understanding the Elements of NY Penal Law 245.00
Sometimes the result of a silly stunt of exposing one’s private areas for pleasure or a non-nefarious reason or being caught in a compromising sexual situation results in the same charge and arrest in New York. That is, if you are arrested for Public Lewdness, PL 245.00, you will face a class “B” misdemeanor. Not the highest or most serious of all misdemeanors, NY PL 245.00 is a crime that is non-expungable regardless. Before even reaching that point, however, prosecutors must prove beyond a reasonable doubt that you intentionally exposed the “private” or “intimate” parts of your body in lewd manner or you committed another lewd act in a public place.
Being in a private place, however, does not insulate you from prosecution. In the event your conduct is the same as described above and it is in or on a private premises, but you actions establish a circumstance where you may be readily observed from a public place (in front of a window facing the street, for example) or from another private premises with the intent that you are observed, then you would also be guilty of this crime.
As New York criminal lawyers and former Manhattan prosecutors, the criminal defense attorneys at Crotty Saland PC recognize, and you should as well, that no crime is small or insignificant especially when you are the person facing the allegation or find yourself sitting in a crowded jail cell. Arrests for Public Lewdness are no different even if you receive a Desk Appearance Ticket instead of being processed by the NYPD through Central Booking. Whether it is working out a disposition to avoid a criminal record, seeking a dismissal based on procedural or evidentiary grounds, or taking the case to trial if it is required, your best defense may not always be the first defense that comes to mind.
Public Lewdness, whether you are merely accused or actually convicted, is not a conviction or allegation you want to shoulder now or in perpetuity. Because any accusation of criminal conduct warrants nothing but the strongest advocate relying on both experience and knowledge to identify and implement the best defense, know that when charged with PL 245.00 Crotty Saland PC’s attorneys and former prosecutors stand ready to protect you from and lead you through New York’s criminal justice system.
Call us at (212) 312-7129 or contact us online today.