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CRIMINAL DEFENSE • DISCIPLINARY INVESTIGATIONS & HEARINGS

New York Sexual Assault Defense Attorney

Sexual assault in New York refers to many different offenses that involve unwanted sexual contact including touching, fondling or molestation. It can also include rape.

Individuals charged with sexual assault face the possibility of a lengthy jail sentence and mandatory sex offender registration. Not only does a sexual assault conviction carry harsh penalties, but having to register as a sex offender can have a devastating impact on a person’s personal and professional life.

If you have been accused of sexual assault, you need aggressive legal representation. At Brill Legal Group, we believe that those accused of sexual assault deserve a fair chance to defend themselves in court.

Types of Sexual Assault Offenses

The term sexual assault covers various types of sexual misconduct. While rape is generally characterized as a violent act of sexual intercourse by force, sexual assault tends to refer to less serious sexual crimes. The key factor in each offense is subjecting another person to sexual contact without their consent.

In New York, individuals who are under the age of 17, mentally incapacitated or physically disabled are considered incapable of giving consent. Under New York State Penal Law, sexual assault includes:

• Forcible touching
• Criminal sexual contact
• Sexual abuse
• Aggravated sexual abuse
• Sexual acts involving a minor
• Facilitating a sex offense with a controlled substance
• Female genital mutilation
• Rape

While all sex crimes involve some form of sexual misconduct, New York has varying degrees of sexual assault that are based on the victim’s age, the circumstances of the act and other factors. For instance, forcible touching is a Class A misdemeanor while facilitating a sex offense with a controlled substance is charged as a class D felony. Predatory sexual assault and predatory sexual assault of a child are among the most serious crimes and classified as A-II felonies.

Penalties for Sexual Assault in New York

All types of sexual assault offenses are heavily prosecuted in the state. Harsh sentences are not uncommon, with penalties ranging from probation to decades in prison. For instance, sexual abuse in the first degree carries up to a seven-year prison sentence. Rape cases are punishable by between five to 25 years in prison. Additionally, individuals in New York who are convicted of sexual assault are required to register as sex offenders.

The consequences of a conviction go far beyond incarceration and losing one’s freedom. The social stigma attached with being labeled a sex offender can hurt your employment prospects and make it tough to find a decent place to live. It can harm your reputation in a way that has lasting repercussions. You may have difficulty applying for a loan or be prohibited from having a job that involves children, regardless of the type of sex crime that led to your conviction.

Even a false sexual assault accusation can have a negative impact on your life. Friends and family may start treating you differently, or your community may ostracize you. With so much at stake, it is crucial to have skilled legal representation in your corner.

Our court system can look down upon people accused of sexual assault, with judges and juries often throwing the full force of the law against them. When you are battling such adverse circumstances, you need a defense attorney who has your best interests in mind at all times.

Sexual Assault Defenses

Individuals accused of sexual assault may feel like there is no way out, but these charges can be fought successfully. Brill Legal Group understands that each case is unique, which is why our New York City sex crime attorneys work hard to tailor defense strategies to the specific needs of each client. We are experienced in handling the many complexities involved with sexual assault cases, ranging from building your defense to mitigating media attention.

A sexual assault conviction depends on a variety of elements including forensic evidence presented by law enforcement and the credibility of witness testimony. Several possible defenses may consist of proving that the sexual encounter with the accuser was consensual, or that the evidence was contaminated or obtained illegally.

The prosecution may use a wide range of evidence including police reports, witness testimony, surveillance footage and DNA testing. Brill Legal Group takes nothing at face value and asks all the tough but necessary questions throughout the legal process. Did the accuser consent to the sexual act? Has the person made false accusations in the past? Our team will thoroughly investigate the case and call on experts to challenge the soundness of DNA evidence. We aim to identify holes in the prosecution’s case and use them to our advantage when building an intelligent defense strategy.

Consent is an important factor in sexual assault cases. In order for prosecutors to secure a conviction for sexual assault, they are required to establish that the accuser did not give consent. Some cases, such as those that involve forcible touching or date rape, end up being dismissed because they are simply based on word of mouth without any proof that there was lack of consent and unlawful sexual conduct.

We recognize that there are cases where actual sexual assault has occurred. While many lawyers may treat their clients with contempt or even refuse to take on such cases, Brill Legal Group is respectful of all our clients no matter the circumstances.

We have a proven track record of obtaining the best possible outcome for our clients, whether that means a full acquittal, or having the charges reduced or dropped entirely. In his previous role as Nassau County Assistant District Attorney, Peter Brill gained a deep understanding of how prosecutors and law enforcement operate. Who better to have defending you than a criminal defense attorney equipped with this knowledge and years of experience of dealing with the court system?

Contact New York Sexual Assault Defense Attorneys at Brill Legal Group

Sexual assault allegations can seriously harm your reputation and jeopardize your freedom. If you are facing charges for sexual assault or other sex crimes, contact the skilled criminal defense attorneys at Brill Legal Group.

To schedule a free initial consultation, contact Brill Legal Group online, or call 888-315-9841. Our offices are located in Hauppauge, Hempstead and Manhattan.

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