Facing Sexual Abuse 1st Degree Charges in New York?

New York Penal Code 130.65: Sexual Abuse 1st Degree

In New York, Sexual Abuse in the First Degree is defined under Penal Law § 130.65. This crime is categorized as a serious felony and involves non-consensual sexual contact. 

An individual commits Sexual Abuse in the First Degree (NYPL § 130.65) when he or she subjects another individual to sexual contact, made for the purpose of the actor’s sexual gratification, and the contact is either achieved through forcible compulsion, or while the alleged victim is in a physically helpless state.

Moreover, a common example is seen where an individual is subject through forcible compulsion or physical helplessness. This means the victim is forced to engage in sexual contact through physical force or intimidation. The victim is physically helpless, meaning they are unable to consent due to being physically incapacitated (e.g., unconscious or otherwise unable to resist).

Penalties and Sentencing

Sexual Abuse in the First Degree is classified as a Class D felony in New York. The penalties for a Class D felony can include:

• Imprisonment: A maximum of 7 years in prison. The actual sentence can vary based on factors such as criminal history and the specifics of the offense.
• Probation: If not imprisoned, a defendant may be sentenced to probation, which can last up to 5 years.
• Fines: In addition to imprisonment or probation, fines may be imposed.
• Sex Offender Registration: Conviction may require registration as a sex offender under New York’s Sex Offender Registration Act (SORA), which can have long-term consequences for housing, employment, and privacy.

How We Fight 1st Degree Sexual Abuse Charges in New York

As with any accusation of a sex offense the strongest defense is consent. If you can show that the victim consented to the sexual contact, then the prosecutor will have a difficult time proceeding with the case. Keep in mind, however, that if you face a charge of sexual abuse in the first degree based on sexual contact with a child as defined by the statute, consent is not a defense as children do not have the legal capacity to consent to sex acts.

Examples and Recent Cases

Our firm has represented individuals charged with first degree sexual abuse. This is an incredibly serious charge which carries with it severe penalties.

We recently represented an individual charged with this statute. In reality, our client was facing overwhelming evidence - however, through a carefully crafted pre-pleading memorandum, complete with mitigating material from character letters to academic achievements, we were able to convince prosecutors to dismiss this count and allow our client to plead to a lesser-included sex offense charge and a probation only sentence, avoiding prison time altogether.

Your Defense Begins Today

Should you find yourself being prosecuted for sexual abuse in the first degree, it is imperative that you have an experienced defense lawyer to handle every aspect from start to finish. Our firm has defended against these charges in the past, achieving both pre-trial dismissals and trial acquittals by implementing and pursuing strategic and creative defenses. Contact The Law Offices of Jason Goldman today.