NYC Aggravated Sexual Abuse Lawyers

Understanding Aggravated Sexual Abuse

If you’re charged with aggravated sexual abuse, you need to hire an attorney immediately. Our NYC criminal attorneys have over 50 years of combined experience, helping innocent clients get the justice they deserve in order to protect their future. Sexual assault, or rape – means forcing sexual intercourse, sodomy, or other forms of sexual relations against a person’s will and without the person’s consent.

What is Aggravated Sexual Assault?

Aggravated sexual assault or rape, is a more serious form of the crime of rape or sexual assault. Typically, it is considered aggravated because the circumstances or the injury are considered aggravated or serious. Circumstances which distinguish aggravated from non-aggravated vary from state to state. The following are common circumstances that elevate the crime of sexual assault, to an aggravated offense:

• Assailant uses, displays, or threatens, the victim with a deadly weapon;
• Offender causes injury, or severe disfigurement, or disables the victim;
• Assailant acts with indifferent to human life during the assault;
• Assailant tries to kill the victim, or another person, during the assault;
• Assailant is aided or commits it, with other people helping;
• Assailant uses a rape drug.

Consent is important

One of the first things a prosecutor will try to prove – is that there was no consent from the victim. Our job, as your criminal defense lawyers, is to prove you had consent and everything happened with proper permission. In some states, minors under the age of 14, or 15, depending on the state, are considered incapable of consent. In some states, sex with a minor over a certain age is only a crime of the offender is older than the minor by a certain number of years.

Spodek Law Group, P.C. - NYC Criminal Attorneys

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Based on 745 reviews

George Fernandez

14:16 30 Apr 24

Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.

Raj

21:33 24 Apr 24

If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!

Yelva Saint-Preux

19:26 19 Apr 24

I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.

Katherine Sun

18:08 18 Apr 24

my lawyer is Alex Zhik. Efficient, patient and professional

Nun ya

17:48 18 Apr 24

Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.

Keisha Parris

20:45 15 Mar 24

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

16:26 15 Mar 24

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!

K Mar

01:37 25 Jan 24

I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Penalties for Aggravated Sexual Assault

Because this is a more serious crime than sexual assault, the possible penalties are severe. The crime is a huge felony, and is often a felony in the first degree. Possible sentences for the crime can range from 5 to 15 years in prison. If the victim is under the age of 16, the minimum sentence increases to 20 and 25 years. In many states, aggravated sexual assault also carries a life sentence under certain circumstances. The judge has immense discretion on how many years the sentence should be. The judge will typically consider a lot of circumstances and details of the crime, in addition to the past criminal record, the amount of injuries to the victim, and all the information possible about the defendant.

Probation

Judges often have the ability to allow a convicted person to serve a portion of his sentence on probation. While on probation, the offender can be supervised by a probation officer, and is required to obey specific rules. That means submitting to random drug testing, performing community service, and surrendering all of your weapons.

Sex Offender Registration

Any crime which involves an act of sexual penetration – requires the offender signup for the offender register. You must register with your state’s sex offender program. It’s rare for a judge to not force you to do this. You have to provide your name, address, etc, to the sex offender registry.

New York Penal Code 130.70: Aggravated Sexual Abuse in the First Degree

Aggravated sexual abuse in the first degree is considered a particularly heinous crime in the state of New York. According to the New York penal code, aggravated sexual abuse in the first degree is a class B felony. The punishment upon conviction for this crime can be severe.

Elements of Aggravated Sexual Abuse in the First Degree

A person can be charged with aggravated sexual abuse in the first degree if he or she injures someone else by inserting a foreign object of some type into a victim’s vagina, penis, urethra, anus, or rectum. The law requires the victim to be physically helpless at the time of the sexual assault. The law also applies if the victim is less than 11-years of age.

Force represents an example of rendering a victim physically helpless. An unconscious individual, or a person under the influence of some type of mind-altering substance, represent incidents in which a person is physically incapacitated or helpless.

Examples of Aggravated Sexual Abuse in the First Degree

An example of aggravated sexual abuse in the first degree undertaken by force would be a situation in which a man physically assaults a woman and forces a foreign object into her vagina in the process. An alternative examples involves a man who slips a woman a so-called date-rape drug. Once the victim is unconscious, the perpetrator places a foreign object into the victim’s vagina.

Sentence for Aggravated Sexual Abuse in the First Degree

As noted previously, aggravated sexual abuse in the first degree is a serious crime. Upon conviction, a person faces the prospect of upwards to 25 years in prison. Because this is classified as a violent offenses, even a person with no criminal history faces a mandatory minimum sentence of five years upon conviction for aggravated sexual abuse in the first degree.

Following a prison term, a person is also required to serve a mandatory term of probation, according to the New York Penal Code. In addition, an individual will have to register for the New York sex offender’s registry. At a minimum, a person will be required to submit to the registry for at least 20 years. Oftentimes, a person is required to register for a lifetime.

Defenses to Aggravated Sexual Abuse in the First Degree

NYC criminal lawyers strive to develop effective defenses in aggravated sexual abuse in the first degree cases. These can be challenging cases to defend.

With that noted, one defense to aggravated sexual abuse in the first degree is consent. If a defense attorney can demonstrate that the alleged victim consented to the contact, a charge of aggravated sexual abuse in the first degree can be defended.

The statute of limitations may also provide a defense to aggravated sexual abuse in the first degree. In New York state, a charge of aggravated sexual abuse in the first degree must be filed against an alleged perpetrator within a specific period of time. If that time period has passed, an individual no longer can be prosecuted for the crime.

A criminal defense lawyer can explain the statute of limitations in specific detail. In addition, a lawyer can explain other possible defenses in a aggravated sexual abuse in the first degree case.

The first step in retaining legal counsel is scheduling what is called an initial consultation with an experienced lawyer. During an initial consultation, a lawyer provides a case evaluation. Counsel also provides answers to a prospective client’s questions. As a general practice, there is not legal fee charged for an initial consultation with an attorney regarding a aggravated sexual abuse in the first degree charge.

New York Penal Code 130.67: Aggravated Sexual Abuse in the Second Degree

Aggravated sexual abuse in the second degree is a felony sex crime According to the New York penal code. Aggravated sexual abuse in the second degree is classified as a class C felony, according to the New York Penal Code.

Elements of Aggravated Sexual Abuse in the Second Degree

There are a number of elements associated with the crime of aggravated sexual abuse in the second degree. This crime is distinguished from rape because rape specifically involves sexual intercourse. On the other hand, aggravated sexual abuse in the second degree involves the insertion of a finger into a vagina, urethra, penis, rectum, or anus. The second degree derivation of this crime specifically involves the use of a finger in perpetrating the crime.

There are three situations in which aggravated sexual abuse in the second degree can occur. First, aggravated sexual abuse in the second degree can occur by force. Second, the crime can be committed is a victim is physically helpless. Finally, can be committed on a person who is not of an age to give consent.

Examples of Aggravated Sexual Abuse in the Second Degree

An example of aggravated sexual abuse in the second degree is a situation in which a man and women have been drinking. The woman passes out from intoxication. After this occurs, the man inserts a finger in the woman’s vagina while she is unconscious.

Another example of aggravated sexual abuse in the second degree occurs when an adult places a finger the vagina of a minor child. There need not be overt force or a physically helpless victim for this crime to occur with a minor child. The child’s legal inability to consent is enough to warrant prosecution.

Defenses to Aggravated Sexual Abuse in the Second Degree

There are some defenses that can be mounted by an NYC criminal attorney in a aggravated sexual abuse in the second degree. A basic, potential defense to this crime is consent. If an alleged victim consented to the conduct that otherwise would constitute the crime of aggravated sexual abuse in the second degree, a person has a valid defense if charged.

If a finger is inserted into one of the defined orifices described in the law as part of a medical procedure or examination, that is a defense. In addition, the statute of limitations may provide a defense to aggravated sexual abuse in the second degree.

According to the New York Penal Code, a person alleged to have committed the crime of aggravated sexual abuse in the second degree must be charged within a specific time period. If no charges are brought during that time period, a person has a strong defense against prosecution.

A skilled, experienced NYC criminal lawyer will provide a person with a case evaluation. This is done at an initial consultation. Generally, no attorney fee is charged for an initial consultation.

Sentence for Aggravated Sexual Abuse in the Second Degree

The maximum prison term to which a person charged with aggravated sexual abuse in the second degree can be sentenced is 15 years. Depending on a person’s criminal history, he or she may face a mandatory minimum sentence of 3.5 years.

Probation is a possibility in a case, particularly if a person has no prior criminal history. Probation would likely be 10 years.

A person will also be obligated to register with the New York state sex offender registry. A person may be required to register for anywhere from 20 years to life. The length of the registration period depends on a person’s criminal history, the nature of his or her conviction, and related issues.

New York Penal Code 130.66: Aggravated Sexual Abuse In The Third Degree

If you have been accused of a sex crime in New York City, you are most likely afraid of what your future holds. Sexual abuse charges carry a stigma that few crimes do, affecting both yourself and your family. Below is an overview of New York penal code 130.66, which is aggravated sexual abuse in the third degree. If you or a loved one is facing these charges, it is important to seek the advice of a NYC criminal lawyer to preserve your rights.

Description

New York penal code 130.66 is the term for aggravated sexual abuse in the third degree which is a Class D felony. According to the law, a person may be charged with this crime by:

• Inserting An Object Into The Vagina, Penis, Anus Or Rectum Of Another
• Assaulting Someone Mentally Handicapped In A Sexual Way
• Assaulting One Who Is Incapacitated Physically
• Forcing Sexual Contact On Someone Younger Than 11

Under the law, sexual contact may be intercourse, oral or anal intercourse and aggravated sexual contact. The aggravated charge is used when the victim suffers physical injury due to the conduct of another person, when consent was not given or the victim is not capable of consenting.

Penalties

According to New York law, the penalties for penal code 130.66 is as follows for violent and non-violent crimes:

• Violent Crimes: 2 To 7 Years In Jail
• Non-Violent Crimes: No Jail And Up To 7 Years Probation

The court takes several factors into consideration when it comes to sentencing such as the age of the victim, the defendant’s criminal history and if the crime was violent or not.

Possible Defenses

If you are facing an aggravated sexual abuse charge, it is key to hire a defense attorney who has extensive experience at trial. Some things a lawyer could do to help you mount a defense include:

• Hire Investigators
• Review All Evidence
• Review Forensic Evidence If Available
• Investigate The Background Of The Victim

In many cases, victims are motivated to lie about what happened. Some of the most common reasons to make false allegations are embarrassment because they gave consent, a child custody case is pending or they have financial motivations. Because charges of sexual abuse are embarrassing for the defendant and their families, it may be easy for a less than truthful victim to extort money from the accused. Many people who are falsely accused pay in order to keep victims quiet even though they are innocent.

Ramifications

If you are convicted of aggravated sexual abuse in the third degree, your future will be impacted in a negative way. You will be required to register as a sex offender everywhere you live. You may also find it hard to get a job or housing because the conviction will show up on a routine background check.

Being accused of a sex crime is frightening, but there is help available. Contact a criminal defense attorney today to learn what options are available to you under the law. After reviewing your case, an attorney will let you know how to mount the best defense. Choosing the right attorney is the best way to protect your rights in court and preserve your freedom if possible.