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Manhattan Forcible Touching Lawyer - Lebedin Kofman LLP - Forcible Touching

What is Forcible Touching?

Under New York State law, a person is guilty of forcible touching when he or she intentionally, and for no legitimate purpose, forcibly touches the sexual or other intimate parts of another person to degrade or abuse such person or to gratify the actor’s sexual desires.

If a person is found guilty of forcible touching, he or she will be charged with a Class A misdemeanor.

At Lebedin Kofman LLP, Manhattan defense attorney Russ Kofman and NYC forcible touching attorney Arthur Lebedin understand how severe the consequences are if someone is convicted of touching someone by force. We may be able to create a strong sex crime defense for you. If you are facing these charges, contactLebedin Kofman LLP today at (646) 663-4430. Our forcible touching attorneys in New York can effectively fight your criminal charge on your behalf. 

PEOPLE V. C:

Our Client was charged with Forcible touching and sex abuse in the third degree in Manhattan criminal court in New York County. These allegations stemmed from alleged observations by MTA officers while our client was riding the subway. Lebedin Kofman defended this case in criminal court and Russ Kofman took the case to trial securing a NOT GUILTY verdict and full dismissal of all charges for our client. Lebedin Kofman later sued the NYPD for false arrest and secured a settlement for our client compensating him for this false arrest and attorney fees.

Types Of Forcible Touching in Manhattan

Forcible touching occurs without a person’s consent when it results from any circumstance in which a person does not expressly or impliedly acquiesce to the actor’s conduct.

Forcible touching includes:

  • squeezing
  • grabbing
  • pinching
  • rubbing
  • or other bodily contact involving the application of some level of pressure to the victim’s sexual or intimate parts
  • a person intentionally forcibly touches the sexual or other intimate parts of another person when that person’s conscious objective or purpose is to do so

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable down three elements:

  • That on the date alleged, the defendant forcibly touched the sexual or other intimate parts of the complainant to degrade or abuse him or her, or to gratify the defendant’s sexual desire;
  • The defendant did so intentionally and for no legitimate purpose;
  • The defendant did so without the consent of the complainant in that he or she did not expressly or impliedly agree to the defendant’s conduct.

Forcible touching and other sexual crimes are taken very seriously in Manhattan. Facing a charge of forcible touching or any form of sexual abuse can lead up to serious penalties for any person. It is important to consider the quality of your criminal defense team if you are facing accusations for these types of crimes. The skilled criminal defense team at Lebedin Kofman LLP may be able to help. 

Contact our forcible touching lawyers in New York at (646) 663-4430 or contact us online to set up a free initial consultation. 

Defense Attorney Russ Kofman Explains: Sex Offender Registration And Touching Someone By Force

Forcible touching is a Class A Misdemeanor and can result in a maximum sentence of up to one year of imprisonment. You may only be sentenced to probation if you are a first-time offender. The probation term is 6 years if you are sentenced for forcible touching, which is both a misdemeanor as well as a sex offense.

You will also be added to the sex offender registry if you are convicted of forcibly touching a victim under 18 years of age. This is required by New York’s correction law SS 168 (also known as the Sex Offender Registration Act). You will need to register your name, address, and other personal information with law enforcement. The sex offender registration process and verification must be followed for at least twenty years, and possibly for the rest of your life. Law enforcement agencies take New York sex crimes very seriously. This is why it is important to seek the legal representation of an experienced criminal defense lawyer if you are accused of New York forcible touching. 

For more information on how a lawyer can help with your criminal defense if you are facing sexual abuse, sexual assault, or forcible touching charges, speak to the defense attorneys at Lebedin Kofman LLP. These cases should not be taken lightly. Forcible touching charges can result in you spending a lot of time in jail.

The skilled attorneys of Lebedin Kofman LLP along with criminal defense attorney Russ Kofman are experienced in defending clients who are facing sexually-related cases. They may be able to help you protect your freedom and rights. Contact us today to schedule a free consultation with our top-rated legal professionals if you are facing a forcible touching charge. 

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Our Process

The attorney will call you to discuss your case, defenses, and possible outcomes.

You will be told the fee right away, as well as, potentially available payment plans and financing options.

You will have the option of coming into our office to discuss further or we email you a retainer agreement and we can handle everything right from your phone without the need to go anywhere.

Consequences of Forcible Touching

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Under New York law, forcible touching can result in a one-year jail sentence. For first offenders, probation may be possible, or a jail time of less than a year. Sometimes, the prosecutor may agree to only charge you with a violation, such as disorderly conduct or harassment in the second degree.

However, if you have been convicted of forcible touching in the past, you could be considered a repeat offender. The charge can be raised to persistent sexual abuse which is a Class E felony. For this offense, you could get up to four years imprisonment if you are convicted. 

A criminal record for forcible touching, persistent sexual abuse, sexual abuse in the third degree, or other sexual crimes whether it is a misdemeanor or a felony, can have a significant impact on your life. Employers will usually conduct a background check on you before they hire you. Employers may be cautious about hiring you if they aren’t comfortable with someone with a history of criminal activity, especially if it includes a conviction for sexual crimes. 

You will also be added to the New York Sex Offender Registration Act’s sex offender register if you have been convicted for almost any sexual crime. Registered sex offenders will often be turned down by landlords when they are looking to rent an apartment or house. If you’re a registered sexual offender, residents may be reluctant to allow you to live with them.

If you are facing criminal charges of sexual crimes, it is important to seek the help of an experienced lawyer for criminal defense. These cases are often difficult to navigate without the legal representation of a skilled attorney who is well-versed in New York’s criminal law. A skilled lawyer may be able to protect your freedom and rights as well as provide the support you need while you go through this case.

Attorney Russ Kofman is an experienced criminal defense attorney at Lebedin Kofman LLP. Together with our team of legal professionals, he has dedicated his years of practice to helping people fight their criminal charges. We may be able to help you. Contact us today to schedule a free consultation. 

Forcible Touching Charge Arrest and Arraignment

A forcible touching charge may not always mean that the offender must be immediately taken into custody. Instead, the police officer might issue a Desk Appearance Ticket (DAT). A DAT is generally issued by police officers if there are no criminal records and the charges are not severe. Forcible touching is a Class A Misdemeanor which means that a DAT is likely as long as you do not have a criminal history.

The date, time, and location of your court date will be specified on the DAT. Failure to show up will result in a bench warrant being issued for your immediate arrest. You will then be formally charged at the hearing. After reviewing your case, the prosecutor may determine that additional or different charges of other crimes may be appropriate. Then, the date of your next court appearance will be set. If the police decide to not issue a DAT, you will be immediately arrested and taken into custody.

Sexual crimes are cases that are taken very seriously by New York law. This is why it is crucial to retain the help of a skilled criminal lawyer when facing charges for these types of crimes. A defense attorney may be able to help you create a solid defense strategy for your case. 

At Lebedin Kofman LLP, criminal attorney Russ Kofman and his criminal defense team will work hard to fight your forcible touching case and protect your freedom. To schedule a free consultation regarding your forcible touching case, contact us today. 

Possible Defenses For New York Forcible Touching

  • Consent. Forcible touching could be the charge the prosecuting attorney chooses to pursue. In order to charge someone with forcible touching, proving that there was a lack of consent is very critical. 
  • Absence of intent. Another defense strategy is to show that the act was unintentional and accidental. The prosecutor may have difficulty building a case against forcible touching if it is proven that the act didn’t involve sexual intent, was unintentional, or was accidental. The possibility of a dismissal of the charge for forcible touching is possible if the intent is absent.

There may be other defenses that you can use to help your case. The aforementioned are only two possible defenses. You may also be eligible for other defenses, such as the mistaken identity or statute of limits. This is why having an experienced forcible touching attorney by your side is very important. Contact Lebedin Kofman LLP today to schedule a free consultation regarding your charges with a skilled defense attorney. 

Getting The Help Of Experienced Criminal Defense Attorneys

If you are facing charges of touching someone forcibly, it is important to seek the legal support of an experienced criminal defense attorney. Having a skilled lawyer by your side through these charges is very important to ensure that you have the best defense strategy possible for your case. A good defense lawyer may also be able to help you receive the most favorable outcome possible.

Contact Lebedin Kofman LLP today to speak with an experienced defense attorney. Free initial consultation: (646) 663-4430

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