Rockland County Sexual Battery Lawyer
Sexual battery allegations involve any type of unwelcome sexual contact between two people that is not consensual. This can range in severity from an unwelcome hug or kiss to forced sexual intercourse. Regardless of the severity of the allegations, anyone facing them needs to take these charges seriously.
A Rockland County sexual battery lawyer could work with you to make sure you understand the law, to identify realistic goals, and to work towards achieving those goals in court. A skilled sex crimes attorney can stand by your side throughout the legal process to make sure your rights are fully protected.
Laws Concerning Sexual Battery in Rockland County
There is no section in New York’s Penal Laws that specifically mentions sexual battery. Instead, prosecutors may utilize a variety of statutes that outlaw the various conduct that involves improper sexual contact. For example, it is illegal to touch another person in any sexual way without their consent. However, the seriousness of the charge depends upon the exact nature of the contact.
A simple version of a sexual battery charge is forcible touching under New York Penal Law §130.52. This applies whenever a defendant is accused of touching another person for sexual gratification without their consent which can include any sort of pinching, squeezing, or grabbing. As it can result in up to one year in jail and fines, it considered a class A misdemeanor. A Rockland County sexual battery lawyer could mitigate the penalties that a person may face.
Complicating Factors in These Cases
While forcible touching as described above is a serious charge, many other allegations of instances involving sexual misconduct are much harsher. One major factor that can lead to harsher charges is the extent of the sexual contact. Anytime the contact involves touching of the genitals or some sort of penetration, the charges become much more serious.
Allegations involving a criminal sexual act or rape are felonies. This means that a conviction is likely to result in a prison sentence for a conviction and the need to register as a sex offender. According to New York Penal Law §130.40, a criminal sexual act is any oral or anal penetration of another person when they are unable to consent.
Rape is a similar charge except that the penetration involves sexual intercourse. The penalties for a criminal sexual act and rape are identical. There are three levels of these charges depending upon the identity of the alleged victim, their age, and any force allegedly used. A conviction can range in severity from a class E felony to a class B felony. In any event, a Rockland County sexual battery attorney could help those accused understand their charges, dispute any evidence gathered by the police, and develop a defense strategy designed to create reasonable doubt in the minds of juries.
How Long do You Stay on the Sex Offender Registry for Sexual Battery?
For some people convicted of sexual battery, there could be a possibility for eventual removal from the state’s sex offender registry. This depends entirely on the severity of the charge.
Sex offenders are classified by three groups known as levels one, two, and three. Level one offenders are the lowest risk and are removed from the registry automatically after 20 years. However, level one offenders that had prior offenses or are designated as sexually violent will remain on the registry forever. The same is true for level two and three sex offenders.
What are Possible Defenses to Sexual Battery Charges?
There are a number of potential defenses to a sexual battery allegation. The specific strategies available will depend on the nature of the charge. Potential defenses include:
- Consent
- Lack of evidence
- Violation of constitutional rights
- Mistaken identity
Ultimately, an attorney in Rockland County could review the allegations against a person accused of sexual battery and advise them on the best defense for their case.
What is Consent According to State Law?
Central to every sexual battery case is the concept of consent. If there is reasonable doubt that the complaining witness consented to the sexual act in question, the jury must acquit the accused of all sexual battery charges.
There are two ways consent is defined under state law: forcible compulsion and incapacity to consent. The forcible compulsion of sexual conduct occurs when a person uses physical force or threats of violence. Any use of force could qualify.
Alternatively, lack of consent could involve a person’s incapacity to agree to sexual conduct. Individuals with mental disabilities or incapacitation are not able to consent to sexual contact under the law. The same is true for minors or individuals who are unconscious.
Speaking with a Rockland County Sexual Battery Attorney
Allegations involving any sort of sexual battery in Rockland County are serious matters. Whether these allegations involve a simple unwelcome touch, unwelcome sexual contact, or forcible sexual intercourse, a conviction will forever change your life.
A Rockland County sexual battery lawyer could provide a powerful service to protect your freedom and reputation. They can thoroughly examine the allegations against you to find holes in the prosecution’s case and use them to build a defense. Start building your defense by calling a lawyer for a free consultation.