Available 24/7. FREE attorney consultation via phone, video conferencing, or in person

Call For Your Free Consultation

New York Sex Crime Attorney

Experienced Manhattan Sex Crimes Lawyer -
Lebedin Kofman LLC Criminal and Sex Crime Defense Attorneys

Schedule A free Consultation

Experienced Manhattan Sex Crimes Lawyer - Lebedin Kofman LLC Criminal and Sex Crime Defense Attorneys

New York Sex Crime Attorney

Being charged with sexual crimes in New York can not only leave you with a criminal record and affect your freedom, but it can also affect your reputation, and your ability to get a job and seek housing. Your designation as a registered sex offender has the potential to follow you for life. Even if you aren’t convicted, the stigma of being accused of a sex crime can affect how people see you and deal with you. If you have been charged with a sex crime in Manhattan, getting the best possible legal defense is critical.

At Lebedin Kofman LLP, Manhattan sex crimes lawyer Russ Kofman and our team of sex crime lawyers understand the gravity of being charged with a serious sex crime and being dubbed as a sex offender in New York. Our skilled Manhattan sex crimes defense lawyers are your staunchest advocates when you are faced with these serious charges. When your future is at stake, you need the finest legal representation possible. Let us help you.

Sex crimes are some of the most heinous crimes prosecuted in New York, and prosecutors pursue them vigorously. Someone who is facing a sex crime charge in Manhattan should never face the criminal justice system alone. Contact our skilled New York City sex crimes attorneys today at (646) 663-4430.

How is a Sex Crime Defined in New York?

In New York, there is not one specific legal definition in the Penal Law for a sex crime. Instead, it is an umbrella term for many separate crimes that require an individual to register as a sexual offender. New York Penal Code PEN § 130.05 lays the foundation for how a crime is determined as a sexual charge under the law.

Facing sex crimes in New York can be very daunting. Sexual crimes carry severe penalties and a conviction for these charges can have a very significant impact on someone’s life. Ending up as a sex offender can have a very damaging effect on an individual’s reputation. It is important to seek the help of an experienced criminal defense attorney at times like these to ensure that you have a solid defense strategy.

Call Lebedin Kofman LLP at (646) 663-4430 to discuss your situation today.

Understanding Consent

The basis of a New York City sex crime is the lack of consent by the other party. This is what makes a consensual sexual act a criminal one. When a sexual act has been forced on another, even if it may have appeared to be consensual, it may be considered a criminal act. 

The law says that some individuals do not have the capacity to consent. These are individuals who are:

  • Under the age of 17
  • Has a mental disability or incapacity
  • If physically helpless, or
  • In custody of the Department of Corrections, and the assailant is an employee of the Department of Correction

Sex crimes cases will have multiple degrees of severity, and charges and penalties will depend on the unique aspects of the case, including:

  • The type of offense
  • The nature of the offense
  • The characteristics of the victim
  • The criminal history of the defendant

Penalties will increase depending on the degree of the charges. They may also be increased if there are aggravating factors involved. 

If you are facing New York City sex crimes charges, it is critical that you get the assistance of an experienced Manhattan sex crimes attorney to understand the weight of your charges and the options available to you. If charges cannot be dismissed, they may be reduced or pleas negotiated, depending on these factors.

Schedule A free Consultation

Schedule a free consultation

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.

When Do Sex Crimes Become a Federal Crime?

Schedule A free Consultation

Most New York City sex crime cases fall under state laws. But there are times when they become federal in nature. If sex crime activities have crossed state lines, or if child pornography was shared in multiple states, it becomes a federal crime. Generally, all sex crime cases involving the internet are considered under federal jurisdiction.

In New York, sexual assault refers to any offense that involves sexual contact without consent. These can include many different types of sexual contact, including rape, fondling, molestation, or another unwanted touching. Sexual assault offenses include:

  • Sexual abuse
  • Aggravated sexual abuse
  • Rape
  • Criminal sexual contact
  • Forcible touching
  • Sexual acts involving a minor
  • Facilitating a sexual act with a controlled substance

and other offenses.

One of the most serious sexual assault offenses that an individual may be charged with is rape, which is sexual intercourse with another party without their consent. Depending on the circumstances, rape carries three different degrees of severity, but each charge is considered a felony.

Although date rape is a non-legal term, it is the term used for rape between two people who know each other. Date rape has changed over the years. It is now far easier for someone to accuse another of date rape, and it will be charged as rape.

Sexual abuse is any unwanted sexual contact that involves touching another’s sexual or intimate body parts to gratify sexual desires. Any unwanted sexual activity short of intercourse is considered sexual abuse. Sexual abuse charges are categorized into three degrees, with first-degree charges considered a Class D felony.

Aggravated sexual abuse is nonconsensual digital penetration or penetration with a foreign object into another’s vagina or anus. There are four degrees of severity, with the most serious regarded as a Class B felony.

Sex crimes involving children are considered particularly heinous. A charge of the course of sexual conduct against a child involves at least two incidents of sexual contact with a child under the age of 11 over the course of at least three months, or if the defendant is 18 years of age or older and the child is less than 13 years of age. The course of child sexual abuse is considered a felony.

Forcible touching is the intentional act of unwanted forcible touching of another’s intimate or sexual body parts for sexual gratification or to degrade or abuse that person. A conviction of forcible touching is a Class A misdemeanor.

Internet sex crimes can take different forms, with most involving children, downloading or uploading child pornography, arranging sexual contact with underage individuals, or disseminating sexually explicit materials of minors to others. Most convictions involve undercover officers posing as children.

In New York, child pornography is known legally as a sexual performance by a child and encompasses nearly any sexually explicit imagery of children involving real children. Regardless of the intention of the viewer, the penalties for child pornography sex crimes are severe both at the state and federal levels. Prosecutors traditionally seek maximum sentences, and most federal offenses carry mandatory minimum sentences.

Trafficking has gotten much attention, with immigration violations often being charged as trafficking. Sex trafficking in New York is considered a Class B felony.

In New York, it is a crime to patronize or profit from a prostitute. The age of the prostitute will affect the seriousness of the charges.

Megan’s Law (SORA)

A convicted sex offender is required to register as such. Failure to do this is a separate crime in New York. Failure to register is considered a Class E felony for first-time offenders, which means that the failure to register may be punished more severely than the original offense.

Once a sex crimes trial is concluded and the defendant is found guilty, the judge will sentence him according to state law. SORA requires a risk level assessment in order for the judge to decide which type of sex offender registration is best for the defendant. This evaluation determines the severity and criminal history of the offender, as well as the offender’s perceived risk for repeating the offense. The judge can then assign the defendant to a Level 1 (low-risk), Level 2, or Level 3 (high danger) offender after the determination process has been completed. This determination must be used by the judge to determine whether the defendant must register in the following categories: “sexually violent offender,” “sexual predator”, or “predicate sex offender.”

The defendant’s risk rating determines the time they are allowed to stay on the sex offender register. A Level 1 offender must stay on the registry for 20 years. Once the 20-year period is up, they are automatically taken off the register. Level 2 offenders need to register for 30 years, while Level 3 offenders have to register for life. Level 2 and Level 3 offenders have the option to file SORA modifications. These petitions, if approved, will lower their designations to next-lower levels. If a Level 1 inmate wishes to be removed from the registration list before their sentence is overturned, they will need to appeal their conviction.

A registered offender can file a petition under SORA to modify their classification from a level 3 to a level 2 or a level 2 to a level 1. The petitioner must present clear and convincing evidence that the current designation is too much or is inappropriate. It is also possible for a New York District Attorney to file a SORA amendment petition to increase the offender’s classification.

To be eligible for “relief”, you must have registered with SORA for at least 30 years. It is better to petition instead of asking for relief. Level 2 offenders can apply for a downgrade from Level 2 status up to once per year, after their Level 2 assessment. If they are moved down to Level 1, their registration status will be removed after 20 years. However, in order to be given a chance, the petitioner must present a convincing argument that the likelihood of future re-offenses is lower than previously decided by the court.

The following factors can also be used to support a petitioner wishing to downgrade their SORA registry:

  • Provide evidence that the defendant has successfully completed a sex offender treatment program.
  • Giving a clear explanation of any relevant changes in the petitioner’s lives since the initial SORA determination.
  • Explaining the negative consequences that the petitioner has endured due to current classification.

A Manhattan sex crimes lawyer can help their client present a persuasive argument and gather any documents necessary to support their petition. A SORA registrant should seek legal counsel when a New York district attorney files a petition for SORA modifications. The purpose of the modification is to raise their registration classification to a higher tier.

If the registrant is convicted in a new case or has violated terms of parole, or any other term of their sentence, a district attorney could seek to modify SORA to increase classification. A SORA registrant who has committed a new sexual offense will be subject to a SORA modification to increase their classification. The district attorney may request an upgrade to their current classification.

How Are Sex Crimes Investigated?

Depending on the offense, sex crime charges can be investigated and brought by both the state and the federal government. The New York Police Department and the Manhattan District Attorney’s Office both have dedicated units called the Special Victim’s Unit, employing detectives that are specifically trained to handle sex crimes. 

Local and state police, the FBI, U.S. Postal Inspectors, and the Department of Homeland Security may all be involved in sex crimes investigations depending on the crime itself. For child pornography charges, investigations are often coordinated through multiple agencies, task forces, and the National Center for Missing and Exploited Children.

Penalties for Sex Crimes

The penalty for a sex crime will consider many different factors, depending on the offense itself and the circumstances surrounding the incident. Penalties will consider:

  • The nature of the offense
  • The age of the accuser
  • The age of the defendant
  • The criminal history of the defendant, especially as they relate to sex crimes

Because sex crimes are categorized as either Class A or Class B misdemeanors, or Class A through Class E felonies, they will carry different penalties in New York:

  • Class A felony up to a maximum life imprisonment
  • Class B felony up to a maximum of 25 years in prison
  • Class C felony up to a maximum of 15 years in prison
  • Class D felony up to a maximum of seven years in prison
  • Class E felony up to a maximum of four years in prison
  • Class A misdemeanor up to a maximum of one year in jail
  • Class B misdemeanor up to a maximum of three months in jail

Anyone convicted of a sex crime in New York can be fined from $500 to $30,000. Furthermore, anyone convicted of a sex crime in New York is required to register as a sex offender under the New York Sex Offender Registration Act.

Available Defenses in New York City Sex Crimes Cases

Defending someone who has been accused of a sex crime is more difficult than many other criminal charges because of the specialization of the investigators and prosecutors who handle them. The best defense requires the skill of a Manhattan sex crimes attorney with particular experience in these matters. 

If you have been accused or charged with a sex crime in Manhattan, you may have legal defenses available to you. 

  • Challenging consent
  • Challenging the memory of the incident
  • Challenging motivation and false charges
  • Proving illegal search and seizure
  • Proving entrapment
  • Proving that others had access to your computer

At Lebedin Kofman LLC, our highly experienced Manhattan sex crimes lawyers will aggressively protect your rights and work diligently to get your charges dismissed, reduced, or prove to a jury that you are not guilty.

Seeking the Help of an Experienced Sex Crimes Lawyer

Facing sex offense charges in New York is a serious matter that will affect you for a lifetime. Your defense is critical and can make the difference between gaining your life back or losing everything you hold dear.

Call the Manhattan sex crimes attorneys at Lebedin Kofman LLC at (646) 663-4430 or contact us through our online contact form to schedule a free consultation.

Schedule A free Consultation

Our Clients Share Their Experiences

The Opinions That Matter Most

Our Commitment

Fighting For Your Best Interest

We Have a Highly Experienced Legal Team

When You Hire Us, You Get Us

We Speak Korean, Mandarin, Portuguese, Russian & Spanish

We Offer Free Consultations In Person & Over The Phone

We Have a Proven Track Record

We Are Available 24/7

Request a Free Consultation

Please fill out the form below and we will respond to your inquiry within
24-hours guaranteed.