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New York Penal Code § 130.65: Sexual Abuse in the First Degree

New York Penal Code § 130.65: Sexual Abuse in the First Degree

Sexual abuse is a terrible offense that is punishable according to the state of New York. If you are currently faced with a criminal charge for sexual abuse in the first degree, there are several options available to you. Similarly, if you are the victim of sexual abuse in the first degree, understanding how the justice system works to prosecute criminals can be highly beneficial. Here are the 7 most commonly asked questions regarding sexual abuse in the first degree in New York.

What constitutes sexual abuse in the first degree in New York

In the state of New York, sexual abuse in the first degree is a criminal charge that an individual is given when they commit a sexually derived assault or violent act towards another person.

What kind of sentences are given for this charge?

Sexual abuse in the first degree can carry a sentence of up to 7 years in prison. This crime is a Class E felony, so there is no mandatory minimum amount of prison time that is required of the convict. Depending on judgement, those found guilty of sexual abuse in the first degree can be sentenced to probation and a monetary fine in lieu of a prison sentence.

What actions can result in getting charged with sexual abuse in the first degree?

Actions that can result in being charged with sexual abuse in the first degree can include but are not limited to the following:

  • assault
  • dometic violence
  • touching of intimate parts for sexual gratification
  • forcible touching of one’s own sexual parts

What are special circumstances that can result in this type of charge?

IF one is found guilty of sexual abuse in the first degree, you can face additional consequences in addition to your prison time. Because this crime is a felony, it cannot be expunged and this conviction will follow you for the rest of your life (barring federal intervention or pardon). This conviction can stop you from finding gainful employment and can even discourage apartment complexes from leasing to you. This conviction also places the guilty party on the registered sex offenders list that is available to the public at all times. This can make purchasing a home very difficult.

What happens after an arrest is made for sexual abuse in the first degree?

After an arrest is made in a sexual abuse in the first degree case, the suspect is taken into local custody where they are officially charged and booked. The police will communicate rights and tell the suspect what they are being charged with. An arraignment will also be set to determine bail.

What happens after the arraignment in a sexual abuse case?

After an arraignment in a sexual abuse in the first degree case, the suspect is given a bail amount and can pay the bail to be released from jail until the trial is set. The suspect will be given a date to return to court and should arrange for legal representation during the trial.

What kind of defenses can I use for a charge of sexual abuse in the first degree

There are several defenses that can be used to combat a charge of sexual abuse in the first degree. To prove that the abuse did not happen, one can provide evidence that the sexual contact was consensual and not forcible, accidental, or non existent.

Remember, if the prosecutor has decided to take the case to trial, there is probably enough evidence to support the opposition. Legal counsel should always be consulted. Free consultations are generally available for local legal firms.

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