Article 130 Sex Offenses | Penal Law 130.40

New York Criminal Sexual Act in the Third Degree Lawyer

Criminal sexual act in the third degree may involve lack-of-consent, age-related, or other statutory theories. The defense often turns on the precise allegation, credibility, communications, timing, police interview issues, and whether the prosecution can prove each required element.

Lebedin Kofman LLP represents clients in serious New York sex offense investigations and prosecutions, including cases involving forensic evidence, digital communications, Title IX overlap, employment consequences, immigration issues, and Sex Offender Registration Act exposure.

Call 646-663-4430 or contact the firm for a confidential consultation.

Issues that may matter in the defense

lack-of-consent theory
age-related allegations
communications
timeline and location evidence
police interview issues
credibility evidence
SORA and collateral consequences
resolution versus trial positioning

How these cases are approached

Sex offense cases require early and careful defense work. The first priority is usually to prevent damaging statements, preserve communications and digital evidence, identify inconsistencies, review medical or forensic records, and decide whether intervention before indictment may help. Where a case is already in court, the defense may involve suppression issues, grand jury strategy, expert consultation, SORA planning, motion practice, and trial preparation.

The defense should also account for consequences outside the courtroom. A sex offense accusation can affect professional licensing, employment, education, immigration status, orders of protection, housing, reputation, and future registration obligations.

Frequently asked questions

What should I do after being accused of Criminal Sexual Act in the Third Degree?

Do not discuss the allegations with police, school officials, employers, or the complainant without defense counsel. Early legal strategy can affect statements, evidence preservation, grand jury issues, and collateral consequences.

Can a sex offense case be defended before indictment?

In some cases, defense counsel can intervene during an investigation or before indictment by preserving evidence, addressing weaknesses, presenting context, and preparing for grand jury or prosecutor discussions.

Contact Lebedin Kofman LLP

If you are under investigation or have been charged with a serious sex offense, call 646-663-4430 or contact Lebedin Kofman LLP.