New York City Sex Crime Lawyer

What Are the Different Classifications of Sex Offenses in New York?

In New York, sex offenses are classified in various ways based on the nature of the crime, the age of the victim, and other factors. Here are some key classifications:

• Rape: This crime is divided into three degrees in New York. Rape in the first degree, a Class B felony, involves sexual intercourse by forcible compulsion or with someone who is physically unable to consent. Second-degree rape, a Class D felony, involves intercourse with someone under 15 years old when the perpetrator is over 18. Third-degree rape, a Class E felony, involves intercourse with someone under 17 when the perpetrator is over 21.
• Criminal Sexual Act: This offense is also divided into three degrees, mirroring the classifications of rape but involving oral or anal sexual conduct instead of intercourse.
• Sexual Abuse: These crimes range from the first to third degrees, with first-degree sexual abuse being the most serious. It involves subjecting another person to sexual contact by force or when they are incapable of consent.
• Aggravated Sexual Abuse: This crime involves inserting a foreign object into the vagina, urethra, penis, rectum, or anus of another person, causing physical injury to that person. It can range from first to fourth degrees, depending on the circumstances.
• Predatory Sexual Assault: This is a Class A-II felony involving rape, criminal sexual act, aggravated sexual abuse, or course of sexual conduct against a child in the first degree, and has additional elements such as causing serious physical injury to the victim or using a dangerous instrument.
• Sexual Misconduct: A Class A misdemeanor involving engaging in sexual intercourse, oral sexual conduct, or anal sexual conduct with another person without their consent.
• Forcible Touching: This involves intentionally touching the sexual or other intimate parts of another person for the purpose of degrading or abusing them, or for the purpose of gratifying the actor's sexual desire.
• Sexual Performance by a Child: This involves inducing a child to engage in a sexual performance or promoting such performance.
• In addition to these classifications, there are designations that the court can give a sex offender: sexual predator, sexually violent offender, and predicate sex offender. These designations determine the length of required registration and supervision.

It's important to note that this is not an exhaustive list, and the specific charges and penalties can vary significantly based on the details of each case.

Forcible Touching NY Statute of Limitations

The statute of limitations for forcible touching in New York is only two years.

Why Choose the Law Office of Mark A. Bederow, P.C.?

As a former Manhattan prosecutor, Mr. Bederow understands and has handled sex crime cases from both sides of the courtroom. Because he understands how prosecutors approach these cases, he is able to build airtight defense strategies that prove effective for the criminally accused.

Since he has been in private practice as a criminal defense lawyer, Mr. Bederow has gained vast experience vigorously defending the rights and reputations of his clients in connection with sexual offense charges.

Here are a few examples of Mr. Bederow's successes in past sex crime cases:

• He gained an acquittal after a jury trial in a case where the client – a partner at a large financial institution – was accused of forcing intercourse upon his girlfriend while also assaulting her. Mr. Bederow's cross-examination of the complaining witness included exposure of many inconsistent statements, including some made via email, and exposed the weakness of the prosecution's case.
• He represented an athletic trainer who was investigated for allegedly molesting several high school students while treating them in the locker room. After a lengthy investigation, which included evidence gathered by the defense and an interview with the client, the client avoided criminal charges.
• He represented a financial analyst who was accused in family court of sexually assaulting his then-girlfriend. He was investigated by the local sheriff's office. Family court proceedings were dismissed, and the client avoided prosecution.
• He provided legal advocacy for a Level 2 sexual offender (medium risk), which the client asked to be downgraded to a Level 1 offender (low risk). After a hearing was conducted in Bronx County Supreme Court, the Court granted the client's petition and downgraded him to Level 1 over the objection of the Bronx District Attorney.
• He represented a pharmacist who was accused of sexually assaulting customers in the basement of a Queens pharmacy. After a lengthy investigation and the presentation of his findings to the Queens District Attorney, the client avoided a criminal record and was not required to register as a sex offender.
• He provided representation for a woman charged with felony possession of child pornography in Manhattan. The client made incriminating admissions before hiring Mr. Bederow's law firm. After extensive negotiations and the presentation of mitigating circumstances to the Manhattan District Attorney, the client pleaded guilty to a non-sexual offense misdemeanor, which allowed her to avoid jail and the requirement to register as a sex offender.
• He represented a college student arrested for unlawfully video recording naked images of students. The client was charged with several felony counts. After extensive negotiations, the client avoided a felony conviction, the requirement to register as a sex offender, and jail time. He was also allowed to remain in school.
• He represented a store manager who was arrested for allegedly sexually assaulting an employee. After the presentation of the defense's investigation results, the Queens District Attorney dismissed all charges.