Suffolk County criminal Lawyer.

[Ray Bell]

Sexual assault is an incredibly serious charge, but with the wide range of sexual assault charges and other sex crimes in New York, it can be difficult to grasp exactly what these charges could mean and why it is so important to find legal representation as soon as possible to help you or your family member combat these charges.

Sexual assault, rape, sexual abuse and other sexual misconduct crimes require specific actions and can receive specific penalties under New York Law.  A suffolk county criminal lawyer can handle many sexual crimes which have multiple tiers of severity under New York law. Understanding these charges is the first step in preparing yourself for the litigation that will follow.

What Are the Tiers of Sexual Abuse Charges?
Like many crimes in New York and even other states, there are different tiers to sexual abuse crimes, with the severity of the crime risking an increased penalty.

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Sexual Abuse in the Second Degree
A person may be charged with sexual abuse in the second degree if a person has had sexual contact with someone who is incapable of consent, for example, due to alcohol, drugs, incapacity, etc. This charge also applies if the victim is under the age of 14. Second degree sexual abuse is a class A misdemeanor in New York. A conviction could result in up to one year in jail.

Sexual Abuse in the First Degree
Sexual abuse in the first degree is a class D felony and involves any sexual contact by forcible compulsion when the victim is physically helpless, when the victim is less than 11 years old, or the person charged is 21 years old or older and the victim is less than 13 years old. This charge holds a sentence of up to seven years in prison.

Aggravated Sexual Abuse in the Fourth Degree
A charge of aggravated sexual abuse involves the insertion of a foreign object into another person’s vagina, urethra, penis, rectum or anus when the person is incapable of consenting. This charge also applies where someone physically injures the victim by inserting a finger into that person’s vagina, urethra, penis, rectum or anus when that person cannot consent. If a person is convicted of fourth degree assault, there is a maximum possible penalty of four years incarceration for this class E felony.

Aggravated Sexual Abuse in the Third Degree
Aggravated sexual abuse in the third degree is a class D felony that carries a possible maximum sentence of seven years in prison. This crime may be committed by inserting a foreign object into another person’s vagina, rectum, penis, urethra or anus when the person is helpless, by forcible compulsion or when the victim is under the age of 11 years old.

Aggravated Sexual Abuse in the Second Degree
An individual may be charged with second degree aggravated sexual abuse if someone causes injury to the victim of abuse by inserting their finger into the urethra, vagina, penis, rectum, or anus of the victim, if it is done by forcible compulsion, if the person is under the age of 11 years old, or if the other person is physically helpless. This is a class C felony that can carry a sentence of 15 years in prison.

Aggravated Sexual Abuse in the First Degree
Similar to Second degree Sexual Abuse, the charge of first degree aggravated sexual abuse involves a victim who has been forcibly compelled, is less than 11 years old, or is physically helpless who has been injured by the actions of the individual charged. Unlike second degree aggravated sexual assault, this involves the insertion of a foreign object into the victim’s urethra, penis, vagina, rectum or anus. This is a Class B felony, second only to Class A felonies in the state, and it carries a potential sentence of up to 25 years in prison.

What is a Criminal Sexual Act?
Under New York law, an individual may be charged with committing a criminal sexual act for specific actions. As with Sexual Abuse, criminal sexual acts have different tiers corresponding to their severity and their penalty.

Criminal Sexual Act in the Third Degree
For someone to be charged with third degree sexual assault, they must engage in oral or anal sexual conduct with a victim who cannot consent, either due to incapacity, being less than 17 years old (and the person charged is older than 21), or being otherwise unable to consent. This crime is a class E felony with a potential punishment of up to four years in prison.

Criminal Sexual Act in the Second Degree
This class D felony carries a penalty of four to seven years in prison. A person may be charged with this crime if they engage in anal or oral sexual conduct and: the victim is incapable of consent or the person charged is over the age of 18 and the victim is less than 15 years of age. There is a possible defense if the age difference between the victim and the person charged is less than four years.

Criminal Sexual Act in the First Degree
A person may be charged with a criminal sexual act in the first degree by engaging in oral or anal sexual conduct by force, with a victim who cannot consent because they are physically helpless, In this situation he should take help of suffolk county criminal lawyer with a victim under the age of eleven, or with a victim who is under the age of thirteen and the person charged is over the age of eighteen. This class B felony carries a minimum sentence of nine years in prison and as many as twenty-five years in prison.