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New York Forcible Touching Lawyer - Is Forcible Touching a Crime?

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 for the purpose of degrading or abusing such person or for the purpose of gratifying 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, defense attorney Russ Kofman and attorney Arthur Lebedin understand how severe the consequences are if someone is convicted of touching someone by force. If you are facing these charges, call Lebedin Kofman LLP today at (646) 663-4430. Our forcible touching attorneys in New York can effectively fight on your behalf.

Types Of Forcible Touching

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 victims’ 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:

  1. That on the date alleged, the defendant forcibly touched the sexual or other intimate parts of the complainant for the purpose of degrading or abusing him or her, or for the purpose of gratifying the defendant’s sexual desire;
  2. The defendant did so intentionally and for no legitimate purpose; and
  3. 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.

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 imprisonment. It is possible that you will 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 forcible 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. 

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.

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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