New York Sexual Misconduct Lawyer

New York laws on sexual misconduct are severe and can result in spending time in prison, paying significant fines, and registering as a sex offender with the Division of Criminal Justice Services (DCJS).

If you are facing allegations of sexual misconduct, contact a New York sexual misconduct lawyer as soon as possible – preferably before talking with law enforcement officials – to review the charges against you and determine your best legal defenses. A determined sex crimes attorney can construct a solid defense for you.

How Does New York Define Sexual Misconduct?

New York Penal Code § 130.20 defines sexual misconduct as someone who engages in:

  • Sexual intercourse with another person without that person's consent
  • Oral sex or anal sex with another person without that person's consent
  •  Sexual conduct with an animal or dead human body

New York classifies sexual misconduct is a class A misdemeanor which can result in paying fines of up to $1,000, spending up to one year in prison, and registering as a New York sex offender for decades.

Like many sex crimes, lack of consent is a key element in New York sexual misconduct charges. While the most direct way to voice non-consent is to simply say no, it does not always work.

In many cases, that can go beyond words. Prosecutors and defense attorneys alike must often look at the entire situation to get a clear understanding of what happened.

Potential Defenses Against Sexual Misconduct Charges

New York recognizes two distinct possible defenses to sexual misconduct charges, including that the act was, in fact, consensual or that the accuser themselves was not credible.

The bottom line is sexual misconduct should never be tolerated; however, not all alleged victims tell the truth about what happened, exaggerate that truth for personal reasons, or simply cannot remember what happened when drugs or alcohol may have been present

Regardless of what happened, anyone facing these charges should consult with an experienced New York sexual misconduct attorney who can review the situation in its entirety, conduct a pre-trial investigation to determine what might have really happened, and analyze what legal defenses someone may provide the best possible solution.

Consequences of a Sexual Misconduct Conviction

Sexual misconduct convictions can not only result in serving prison time, paying large fines, being subject to long periods of probation, and registering with the New York State Sex Offender Registry, the charges will also result in a criminal record.

This is important to understand as it can have significant consequences for the rest of a person’s life when it comes to finding employment, renting an apartment, and seeking financial aid or assistance.

More and more employers, landlords, and financial institutions are requiring criminal background checks to protect themselves from liability. Individuals should make sure that they do everything possible to avoid having themselves labeled as one of those liabilities.

Individuals should consult a New York sexual misconduct lawyer and find out if there is a possibility to have the charges against themselves dismissed or mitigated through a plea bargain.

Consulting a New York Sexual Misconduct Attorney

If you have been charged with sexual misconduct, do not try to fight those charges alone. There is simply too much at stake. Instead, consult with a New York sexual misconduct lawyer who can do their own pre-trial investigation and put forth your best legal defenses to make sure that your rights are protected.