Westchester County Sexual Assault Lawyer
NEW YORK PENAL LAW 130.20 & 130.25
If your spouse, partner, or anyone else has accused you of sexual assault in New York, you’ll need to be represented by an aggressive, experienced Westchester County sexual assault attorney. Sexual assault is defined as compelling a person to engage in any kind of sexual activity without that person’s consent. It can include anything from a forced sexual act to unwelcome touching or groping. And under New York law, just the mere threat of a sexual aggression is the legal equivalent of sexual assault itself. If you’re charged with this serious sex offense in New York, get legal help by contacting the law offices of Kimberly Pelesz New York Law, LLC immediately.
WHEN YOU REALLY NEED LEGAL HELP
Apart from harsh criminal penalties, a sex crimes conviction can cause major issues in your relationships with your family and friends. A conviction can ruin your career as well, especially if you are a teacher or in some other professional field. If you’re charged with sexual assault because of a misunderstanding or a false accusation, let our experienced sex crimes lawyers fight on your behalf and bring the matter to its best possible resolution. Apart from its rape and child abuse laws – which can be filed and prosecuted in court under separate charges – New York enforces two sexual assault laws:
- Sexual Misconduct, which is covered under Penal Law 130.20 and charged as a Class A Misdemeanor; and
- Forcible Touching, which is covered under Penal Law 130.52 and charged as a Class A Misdemeanor.
According to New York law, a person is guilty of sexual misconduct when:
- He or she engages in sexual intercourse with another person without such person’s consent; or
- He or she engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent; or
- He or she engages in sexual conduct with an animal or a dead human body.
A person is guilty of forcible touching when the person intentionally and without any legitimate reason:
- forcibly touches the genitals or other intimate parts of another person for the purpose of degrading or abusing such person, or for the purpose of gratifying the actor’s sexual desire; or
- subjects another person to sexual contact for the purpose of gratifying the actor’s sexual desire and with intent to degrade or abuse such other person while such other person is a passenger on a bus, train, or subway car operated by any transit agency, authority or company, public or private, whose operation is authorized by New York state or any of its political subdivisions.
Forcible touching is defined as pinching, squeezing, or grabbing according to the New York law.
Both forcible touching and sexual misconduct are misdemeanors, which means if convicted for either crime, you may face up to one year in jail as well as fines. Both of these crimes may also land you on the sex offender registry in New York, which means your information will be accessible by family members, friends, future employers, landlords and government agencies. Friends and family members may turn their backs on you after you are a convicted sex offender. The consequences for sexual assault are much more than just a jail sentence and fine, which is why it’s so important to seek out the help of an experienced defense counsel.
Do not trust your future in the hands of an inexperienced attorney. If you or a loved one has been charged with sexual assault, speak to an experienced Westchester County sexual assault lawyer as soon as possible.
SEXUAL ASSAULT AND AGGRESSIVE PROSECUTION
We’ve all heard of these cases. A school teacher is accused of sexual abuse such as “molesting” or having sex with a student who is a minor. Unfortunately, some of the teachers are guilty; some teachers have confessed, and in other cases, there was conclusive cell phone and computer evidence. Still, not all accused teachers are guilty, and it’s possible that a bad grade may be as likely to generate a sexual assault accusation as an actual assault. Even when you’re innocent, the stigma that accompanies a sexual assault conviction can negatively impact you for the rest of your life. If you’re charged with a sexual assault anywhere in Westchester, Dutchess, Putnam, Orange, or Rockland County, you’ll need skilled and effective legal help fast. Consult immediately with an experienced Westchester County sexual assault attorney.
Anyone convicted of a sexual assault in New York faces steep fines and a term in prison along with other penalties. You’ll also be ordered to register as a sex offender. You’ll face restrictions on where you can work and where you can live, and your neighbors can learn all simply by going online and googling your name. A resentful student, an angry ex-spouse or ex-girlfriend, or a jealous neighbor or coworker can make the accusation for any reason or no reason at all. Still, to convict you of sexual assault, the state must offer proof of your guilt beyond a reasonable doubt. That’s where an experienced Westchester County sexual assault attorney can help.
The state prosecutes sexual assault suspects quite aggressively; you can expect to be prosecuted to the full extent of the law. If you’re charged with a sex assault, you’ll need equally aggressive defense representation. While no guaranteed result can ever be promised in any particular criminal case, if you are charged with sexual assault, your best hope for staying free, winning a dismissal or an acquittal, and clearing your name is to contact an experienced Westchester County sexual assault attorney as quickly as possible. Help is available, but you must take the first step and make the call as soon as possible.
GET THE LEGAL HELP YOU REALLY NEED
If you are accused of sexual assault in New York, let an aggressive Peekskill criminal defense lawyer handle your sex crimes case with experience and professionalism. With offices in Peekskill and Poughkeepsie, Kimberly Pelesz New York Law, LLC serves 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 sexual assault attorney can defend you against a sexual assault charge, email us or call our law firm at (914) 402-4541.