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Sexual Abuse Attorneys in New York

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Experienced New York Sexual Abuse Lawyer - NYC Sexual Abuse Attorneys

Under New York State law, a person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact by forcible compulsion. If a person is found guilty of sexual abuse in the first degree, he or she will be charged with a Class D felony.

Under 130.00(3) of the New York State Penal Law, sexual contact means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. It includes the actor touching the victim sexually as well as the forcible touching of the victim by the actor. The touching may be directly or through clothing and may include the emission of ejaculation by the actor upon any part of the victim, clothed or unclothed. 

If you or a loved one is facing charges of sexual abuse, it is important to seek the help of an experienced New York City sexual abuse attorney right away. At Lebeding Kofman LLP, our team of criminal defense lawyers may be able to create a solid defense strategy to protect your rights and freedom. 

To speak with a top-rated New York sexual abuse lawyer regarding your sexual abuse case, call Lebedin Kofman LLP today at (646) 663-4430.

PEOPLE V. C:

Our Client was charged with Forcible touching and sexual 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.

Forms of Sexual Assault in New York

In the state of New York, a sexual assault or sexual abuse case comprises a range of offenses involving unwarranted sexual contact. As a grave sex crime, sexual assault poses a significant threat to a defendant, given the lifetime sex offender registration mandates, in addition to the onerous imprisonment terms and fines that may be levied upon a conviction. To avoid being formally charged and convicted of a sexual abuse case, getting the skilled legal representation of a New York sexual assault attorney is essential.

Apart from rape, sexual assault may encompass diverse forms of sexual impropriety, including but not limited to:

  • Criminal sexual acts
  • Forcible touching
  • Sexual abuse
  • Aggravated sexual abuse
  • The course of sexual conduct against a child
  • Female genital mutilation
  • Facilitating a sex offense with a controlled substance

The fundamental element of each sexual assault or sexual abuse case is the victimization of another person through sexual contact, without their consent. As per the law, lack of consent may entail forcible compulsion, the victim’s incapacity to consent, or any circumstance in which the victim does not explicitly or implicitly consent to sexual contact.

Forcible compulsion encompasses the use of physical force or the threat of immediate death, physical injury, or abduction. Additionally, individuals who are under the age of 17, mentally disabled, mentally incapacitated, or physically helpless are deemed incapable of consenting.

Rape Charges in New York

Under New York law, rape is a criminal offense that involves causing someone to engage in sexual intercourse against his or her will. In addition, the commission of a sexual act on a victim who is mentally incapacitated, such as when the victim is too intoxicated to provide consent or is unconscious, may also be classified as rape. Furthermore, sexual intercourse with a minor who is below the age of consent is regarded as statutory rape.

It is worth noting that rape is further categorized into degrees:

  • Rape in the First Degree pertains to instances where an adult engages in sexual intercourse with a minor who is below the age of 11 or when there is forced non-consensual sexual intercourse.
  • Rape in the Second Degree, on the other hand, refers to sexual intercourse with an incapacitated person or with an individual with a mental disability that renders them unable to consent. It also includes instances where an adult engages in sexual intercourse with someone under 15.
  • Rape in the Third Degree applies to sexual intercourse with a person who is unable to give consent due to reasons other than being under the age of 17. This degree of rape also covers situations where an adult has sex with someone under 17.

While rape is typically the form of sexual assault that comes to mind, it is essential to understand that sexual assault encompasses many different types of misconduct. The state of New York is known for prosecuting any form of sexual assault vigorously and imposing harsh punishments for violators.

If you or a loved one is facing a case of rape or any other sexual abuse accusation, it is important to seek the help of experienced defense attorneys. Lawyers who are well-versed in New York’s law regarding sexual abuse or assault in New York can help you create a solid defense strategy for your New York sexual abuse case.

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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.

Sex Offender Registration Act (Sora) In New York

The Sex Offender Registration Act was passed in New York in 1996. This law requires anyone who was incarcerated, on parole, or on probation for sexual abuse or another sexual crime to register with the Division of Criminal Justice Services as a sex offender. The sex offender database is freely available to the general public and being in the registry can have a huge impact on a person’s personal and professional reputation. 

Sex offenders are classified according to their risk of reoffending in the Sex Offender Registration Act. Offenders are categorized as either level 1, 2, or 3 offenders, with Level 3 representing the greatest risk of reoffending. An offender can also be classified as a predicate offender, sexual predator, or sexually violent offender. All levels must be registered for life except for a level 1 offender, who has to stay in the register for twenty years.

If a person has been convicted of a sexual crime, it is crucial to keep in mind that not registering as a sex offender is considered a crime. There is a specific time frame in which a person must register and failing to do so can result in serious penalties. For first-time offenders who fail to register, they may be charged with a class A misdemeanor. For repeat offenders who fail to register, they may be facing charges of Class D felony. 

Facing criminal sexual abuse charges can be daunting. The penalties for a sexual abuse conviction can be life-changing and severe. It is important that you speak with an experienced sexual abuse attorney right away. 

Lebedin Kofman LLP’s team of top-rated criminal defense lawyers have dedicated years of their work to help those who are accused of sexual abuse and other criminal offenses. Our team of attorneys for sexual abuse may be able to help you protect your rights and your freedom.

Contact us at (646) 663-4430 today to schedule a free consultation for your case.

Sexual Abuse Lawyer Russ Kofman Explains First-Degree Sodomy

If an individual engages in sexual activity that deviates from the norm with someone under 11 years old or is unable to give consent due to physical helplessness, they are committing First Degree Sodomy. To charge someone with this offense, it must be proven that the sexual activity was non-consensual, which is the case when the other person is legally incapable of giving consent.

Under the law, consent cannot be given by a person under 17 years of age or someone who is physically helpless. Even if the person appeared to give consent, any sexual activity with them is considered non-consensual.

To convict the defendant of this crime, the prosecution must provide evidence beyond reasonable doubt for two critical elements:

  • The defendant engaged in deviant sexual activity with the complainant on or around the date in question.
  • The complainant was under 11 years old or unable to give consent due to physical helplessness.

If you are facing charges of sexual abuse, it is important to seek the legal representation of a skilled attorney for sexual assault. A sexual abuse case can be damaging to a person’s reputation and can impact their life significantly. Talking to an experienced lawyer for sexual abuse regarding your case can help you fight for your freedom and your rights.

At Lebedin Kofman LLP, our team of NY sexual abuse lawyers may be able to help you protect your rights and your freedom. Contact us today to schedule a free consultation with our New York sexual abuse attorneys regarding your sexual misconduct or sexual abuse case. 

NYC Sexual Abuse Attorneys Explain Forcible Compulsion

Forcible compulsion is defined as the intentional compulsion either by (1) the use of physical force; or (2) by a threat, express or implied, which places a person in fear of immediate death or physical injury to himself or herself or another person or in fear that he or she or another person will immediately be kidnapped.

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

  • That on the date alleged, the defendant subjected the complainant to sexual conduct
  • The defendant did so without the complainant’s consent by use of forcible compulsion.

If you are facing charges of sexual abuse or rape, it is important to seek the advice of an experienced criminal defense attorney. A qualified attorney for sexual abuse can help you understand the charges against you and develop a strong defense strategy to protect your rights and minimize the potential consequences of a conviction.

Lebedin Kofman LLP is a New York-based law firm that specializes in sexual abuse cases and can provide the legal guidance and representation you need to navigate the criminal justice system.

To schedule a consultation regarding your sexual abuse case, contact us today. 

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Physical Helplessness 130.65(2)

Under New York State law, a person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact when the other person is incapable of consent by reason of being physically helpless. If a person is found guilty of sexual abuse in the first degree, he or she will be charged with a Class D felony.

Under 130.00(3) of the New York State Penal Law, sexual contact means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. It includes the touching of the actor by the victim as well as the touching of the victim by the actor. The touching may be directly or through clothing and may include the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed.

Under 130.00(7) of the New York State Penal Law, a person is physically helpless when that person is unconscious or for any other reason physically unable to communicate unwillingness to an act. Sexual contact with a person who is physically helpless is always deemed to be without that person’s consent.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant subjected the complainant to sexual contact; and (2) the complainant was incapable of consent by reason of being physically helpless. To speak with a top-rated New York City criminal attorney regarding your sexual abuse case, call us today.

COMPLAINANT LESS THAN ELEVEN 130.65(3)

Under New York State law, a person is guilty of sexual abuse in the first degree when he or she subjects another person to sexual contact when the other person is less than 11 years old. If a person is found guilty of sexual abuse in the first degree, he or she will be charged with a Class D felony.

Sexual contact takes place without others’ consent when that person is deemed incapable of consent by the law. A person is incapable of consenting to sexual contact when he or she is less than 11 years old. New York State Penal Law deems sexual contact with a person under 11 years of age to be without that person’s consent, even if in fact that person did consent.

Under 130.00(3) of the New York State Penal Law, sexual contact means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. It includes the touching of the actor by the victim as well as the touching of the victim by the actor. The touching may be directly or through clothing and may include the emission of ejaculation by the actor upon any part of the victim, clothed or unclothed.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt two elements: (1) That on the date alleged, the defendant subjected the complainant to sexual contact; and (2) that complainant was less than 11 years old.

To schedule a consultation with a skilled New York sexual abuse lawyer, contact Lebedin Kofman LLP today. 

Complainant Less Than 13/Defendant 21 or More 130.65(4)

Under New York State law, a person is guilty of sexual abuse in the first degree when he or she is 21 years old or older and he or she subjects another person to sexual contact when the other person is less than 13 years old. If a person is found guilty of sexual abuse in the first degree, he or she will be charged with a Class D felony.

Sexual contact takes place without others’ consent when that person is deemed incapable of consent by the law. A person is incapable of consenting to sexual contact when he or she is less than 13 years old. New York State Penal Law deems sexual contact with a person under 13 years of age to be without that person’s consent, even if in fact that person did consent.

It is not a defense to this charge that the actor did not know that the person with whom the actor had sexual intercourse was less than 13 years old or that the actor believed that such person was 13 years old or more on the date of the crime. 

Under 130.00(3) of the New York State Penal Law, sexual contact means any touching of the sexual or other intimate parts of a person for the purpose of gratifying the sexual desire of either party. It includes the touching of the actor by the victim as well as the touching of the victim by the actor. The touching may be directly or through clothing and may include the emission of ejaculation by the actor upon any part of the victim, clothed or unclothed.

To be found guilty of this crime, the prosecution must be able to prove beyond a reasonable doubt three elements: (1) That on the date alleged, the defendant subjected the complainant to sexual contact; (2) the complainant was less than 13 years old; and (3) the defendant was 21 years old or older. 

To speak with a skilled lawyer regarding your sexual abuse charge or sexual abuse case, contact the skilled NYC defense attorneys at Lebedin Kofman LLP today. 

Possible Defenses to Sexual Abuse Charges in New York

These defenses can be used to protect the defendant in a court of law:

  • The sexual contact was consensual.
  • The victim did not show any signs of refuting the sexual advances.
  • The sexual contact was not done on purpose.
  • The arrests were illegal in part or whole.
  • The contact was necessary to check the welfare of a child.
  • This includes inspecting any areas of discomfort or checking if the child is ill.
  • The victim identifies the defendant as the assailant even though the assailant was not at the scene or near the victim.

Every case is unique and each case will have its own defenses. An experienced criminal defense attorney can help you fight the allegations made against you and protect your freedom

New York Sexual Abuse Lawyers Discuss Arrest and Arraignment for Defendants

It is possible that you will not be immediately taken into custody if you are facing charges of forcible touching. The police officer may instead issue you a Desk Appearance Ticket (DAT). If you don’t have any criminal records, a DAT is more likely to be issued for forced touching. You will find the date, time, and location of your court date on the DAT. The DAT will state the crime against you and also indicate when your court date is. Failure to show up will result in a bench warrant being issued for your immediate arrest. If you have been issued a Desk Appearance Ticket in connection with a charge of forcible touching, it is important to speak with an experienced Desk Appearance Ticket Lawyer. 

The Importance of Having a Sexual Abuse Defense Lawyer

A criminal defense attorney who is skilled at defending those who are facing sexual abuse can assist you in various ways throughout the criminal process. They can help you obtain reasonable bail, which allows you to continue working and prepare your defense. It can be extremely challenging to defend yourself while in custody against such serious allegations.

Skilled sexual abuse defense attorneys can work towards helping you decrease or dismiss your charges. The legal system may pursue sexual abuse charges or other criminal offenses that are unsuitable for the situation. Criminal defense attorneys can ensure that you are treated fairly.

Finally, having a skilled attorney can clarify your choices concerning a plea deal or trial if your charges are not lowered or dismissed. Prosecutors frequently provide unjust plea deals to those without representation. It is important that have someone on your side who has experience dealing with the legal system.

If you or a loved one is facing a charge of sexual assault or sexual abuse, seek the legal reprsentation of an experienced sexual abuse lawyer right away. At Lebedin Kofman LLP, our team of top-rated attorneys may be able to help you create a solid defense strategy for your case. Call us today to schedule a consultation.

Contact Our Law Firm to Speak With Our Experienced New York Sexual Abuse Lawyers

A sexual abuse charge can have a huge impact on a person’s life and future. These types of charges are pursued aggressively by New York prosecutors and are often penalized with the maximum sentence. This is why it is important for an individual who is facing sex crime charges to seek the legal representation of an experienced New York City sexual abuse attorney. 

Lebedin Kofman LLP’s team of top-rated criminal defense lawyers have extensive experience in representing clients facing sex crime charges. To schedule a free consultation regarding your case, call us at (646) 663-4430.

Call Lebedin Kofman LLP today at (646) 663-4430 or contact us online to set up a free initial consultation with our sexual abuse attorneys in New York.

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