Sexual Misconduct

Every arrest for a sex crime in New York is grave. A White Collar crime a sex offense is not. While some crimes are more violent and violative than others, because of the New York Sex Offender Registration Act, or SORA, both misdemeanor and felony convictions have direct and collateral consequences. Sure, a penalty for a felony conviction exposes a person to far greater incarceratory sentences, but have no misgivings and heed the warnings of and advice from your criminal defense lawyer. Misdemeanor sex crimes are equally serious. This is exemplified in all Article 130 crimes including New York Penal Law 130.20, Sexual Misconduct.

Sexual Misconduct is broken down into three separate and distinct subsections. The first of these crimes, PL 130.20(1) creates an offense where you engage in sexual intercourse with another person with out their consent. Sexual intercourse has its ordinary meaning and can involve even the slightest penetration. PL 130.20(2) alters the crime by illegalizing a person twenty-one years or older engaging in sexual intercourse with a person less than seventeen years old. The last subsection of Sexual Misconduct, PL 130.20(3) criminalizes something that is likely quite rare. Simply, it is a crime to engage in sexual conduct with an animal or dead person.

A conviction for any crime in New York is terrorizing to the soul, but knowing that after you serve your sentence you will be forever labeled a sex offender pursuant to the Sex Offender Registration Act, SORA, adds an extra layer to the situation. SORA concerns aside, a conviction for PL 130.20, Sexual Misconduct, will result in a few different scenarios. Treatment, community service, probation and monitoring, and jail are all on the table. As to incarceration, whether or not your conviction is in New York City where a criminal court will sentence you to as long as one year on Rikers Island, the potential term in jail is any number of days within a significant range.

Because allegations of any sex crime allegation and the offense of Sexual Misconduct involve so many factors, it is too difficult for any criminal lawyer to articulate a defense without going over the evidence. However, because a criminal claim can be absolutely true, a misunderstanding, an exaggeration, or completely false, your defense may turn on available evidence and the admissibility and strength of the same. Do you have an alibi, is the evidence of your guilt not credible, is there any medical or scientific evidence in the possession of the prosecution? So many different possible questions to ask and answers to be received, consult with your criminal defense attorney and be prepared for a thorough and potentially emotionally difficult conversation.

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As a defendant accused of Sexual Misconduct, nobody needs to tell you the devastating impact an accusation can have on your mental health, the stability of your family and your perception in the community you reside and work. Do not ever fear exercising your rights and holding the prosecution to their burden. Remember, when advocacy, knowledge and experience is your only defense, you can count on the New York criminal lawyer and former Manhattan prosecutors at Saland Law.

Call us at 212.312.7129 or contact us online today to speak with our New York attorneys and former Manhattan prosecutors.