Westchester County Indecent Exposure Lawyer
NEW YORK PENAL LAW 245.00 & 245.01
It’s not the worst crime in the world, but if you’re charged with indecent exposure, it can be genuinely shameful and embarrassing. Maybe you drank a little too much and got carried away having fun with some friends. Or maybe you’ve been falsely accused. Whatever the case, you need a Westchester County indecent exposure attorney to help create reasonable doubt, helping you avoid a “guilty” verdict. If you are accused of indecent exposure in Westchester, Dutchess, Putnam, Orange, or Rockland County, you’ll need an aggressive criminal defense lawyer to represent you. Call the law offices of Kimberly Pelesz New York Law, LLC as quickly as possible if you are charged with indecent exposure in Peekskill or anywhere in this part of New York.
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Indecent exposure can include revealing certain body parts in a location where it is considered morally or socially unacceptable to do so, but in all places and under all circumstances, revealing one’s genitals, buttocks, and a female’s breasts is indecent exposure. New York recognizes several different indecent exposure charges: Public Lewdness (Penal Law 245.00) and Exposure of a Person (Penal Law 245.01). In indecent exposure cases, sometimes intoxication or mental illness can be offered in defense or considered as an extenuating circumstance.
Public lewdness is charged as a Class B misdemeanor, which means a conviction is punishable by up to ninety days in jail and a fine of up to $500. In order to prove that you committed the crime of public lewdness, a prosecutor will have to prove beyond a reasonable doubt that you deliberately exposed your body parts in a lewd manner in a public place or in a manner that could be easily observed from a public place. For example, if you exposed yourself from a window which faced a busy street full of people, this would still be considered public lewdness, even though you were not technically in a public place.
It’s important to note that public lewdness occurs in the absence of physical contact. If any physical contact does occur between the accused and another person, the defendant may then face more serious charges of sexual assault (and if found guilty, you may be forced to register as a sex offender.) It’s also important to note that breastfeeding is an exception to the public lewdness law in the state of New York. A mother who is breastfeeding a child in public will not be charged with public lewdness.
Exposure of a person is the second type of indecent exposure charge that you may face in New York. A person may be charged with exposure of a person when his private or intimate parts are exposed or unclothed in a public place. This is a less serious charge than public lewdness and is charged as a violation. If you are convicted of exposure of a person, you may face up to fifteen days in jail, and a fine of up to $250 plus surcharges.
Besides the criminal charges that you may face if you are convicted, you may also notice that your friends and family begin to treat you differently. Indecent exposure charges can be embarrassing, so loved ones may begin to distance themselves from you after a conviction. Since the conviction is on your record, you may find it difficult to find employment in the future, since so many people tend to look down on lewd behavior and judge your character for having this conviction on your record. In fact, many do not differentiate between these offenses and serious sex crimes. Landlords may also not want to take a chance on someone who has displayed such poor judgment in the past. As you can see, just because the maximum criminal penalties only span a few months and cost a few hundred dollars does not mean that you will be able to leave your conviction behind.
If you or a loved one has been charged with public lewdness or indecent exposure, do not face these criminal charges alone. Do not hesitate to contact an experienced Westchester County defense attorney as soon as possible to discuss your case in a free consultation session.
INDECENT EXPOSURE CHARGES
Being arrested and charged with indecent exposure can be embarrassing, especially if you never had the intent to expose yourself in an offensive manner. Sometimes, pulling a silly prank on someone can land you with an indecent exposure charge. Although you thought the prank was just a joke, someone who witnessed it might have been offended by your behavior, and alerted the authorities.
The issue with indecent exposure charges is determining what is considered “lewd,” or offensive. The law states that the exposure of your body parts must have been made in a lewd manner in order to be considered public lewdness. But, what is lewd to one person is not to another, so where does the law draw the line?
A man who takes his shirt off while mowing his lawn does not have any lewd intent, however his neighbors may believe that he is acting inappropriately and exposing himself in a lewd manner.
This fairly innocent act could put someone at risk of facing indecent exposure charges. That’s why it’s imperative that you work with an experienced indecent exposure lawyer who will defend your rights and fight to achieve the best possible outcome for your case. Kimberly Pelesz will tell your side of the story so the judge can have a better understanding of the situation and realize that you did not intend to offend anyone with your alleged actions.
WE TELL YOUR SIDE OF THE STORY
Whatever the circumstances, we will tell your side of the story in a way that will help the court understand you meant no harm. If you are accused of indecent exposure, let an experienced Peekskill criminal defense attorney fight on your behalf. With offices in Peekskill and Poughkeepsie, the law office of Kimberly Pelesz New York Law, LLC serves New York clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how a Westchester County criminal defense attorney can help you fight an indecent exposure charge, email us or call us at (914) 402-4541.