Are you facing sex crimes in Syracuse, NY? If so, you are likely feeling anxious about your future and reputation. These types of charges can have serious consequences that extend far beyond the courtroom, affecting everything from your personal life to your career. A skilled attorney who understands how the legal system works can make a big difference in how your case is handled.
At Passalacqua & Associates, LLC our attorneys have over 50 years of combined experience. By getting the right help early on, you can protect your rights and get a better understanding of what to do. For help with a sex crime charge, we’re here for you. Contact us to schedule a case evaluation with a Syracuse sex crimes lawyer at (315) 500-6425.
How Passalacqua & Associates, LLC Can Help If You’re Arrested For Sex Crimes in Syracuse, New York
If you’ve been arrested for sex crime charges in Syracuse, New York, it’s essential to get legal help right away. Here’s how our legal team can help you:
- We will start by listening carefully to your side of the story, which guides us in collecting the right evidence and identifying potential witnesses.
- We will put together mitigating evidence so we can negotiate a plea deal with the prosecutor, seeking lowered or dismissed charges whenever possible.
- A big part of our strategy will be working to keep you off the sex offender registry, giving you a chance to move forward without that lifelong label.
- If your case goes to trial, we will present a strong defense and challenge any weaknesses in the prosecution’s evidence.
Members of our legal team have been recognized by The National Trial Lawyers, Expertise.com, and Avvo for their achievements. If you have any questions about sex crime charges in Syracuse, New York, contact Passalacqua & Associates, LLC to schedule a free case evaluation with a Syracuse criminal defense attorney.
Overview of Sex Crimes in New York
There are several different sex crimes a person can be charged with in New York, each carrying different penalties and consequences. Below are some of the most common ones:
Sexual Abuse
Sexual abuse encompasses several offenses involving non-consensual contact that often involve minors. The severity of the penalties will depend on factors like the victim’s age or if the act involved force or coercion.
Sexual Misconduct
Sexual misconduct typically describes unwanted sexual actions that are less severe than rape because they don’t include penetration. It can still carry significant penalties.
Rape
Rape occurs when someone engages in sexual intercourse with another person without their consent, often using threats or physical force. It also includes cases where someone is drugged or otherwise incapacitated, making meaningful consent impossible.
There are different degrees of rape. Rape in the third degree involves sexual intercourse with a person who cannot legally consent due to reasons other than age or with someone under 17 when the perpetrator is at least 21.
Second degree covers cases where a person is incapable of consent, and the first degree is the most severe, involving forcible compulsion or especially young victims.
Statutory Rape
Statutory rape involves sexual activity with someone under the legal age of consent. Because minors cannot legally agree to sexual acts, any adult engaging in sexual contact with them faces serious criminal charges.
Child Pornography
Child pornography charges center on making, sharing, or watching explicit content featuring minors. Convictions can bring very severe penalties, including lengthy prison sentences and long-term registration as a sex offender.
Public Lewdness
Public lewdness involves exposing intimate body parts or engaging in sexual acts in areas where the public can see.
Forcible Touching
Forcible touching involves unwanted and intentional contact with another person’s sexual or intimate body parts. This is typically charged when the contact is intended to harm, degrade, or abuse the victim, regardless of how brief the contact may be.
No matter what type of sex crime you’re charged with, the penalties can be severe. Make sure you reach out to a criminal defense lawyer right away.
What Are the Penalties For Sex Crimes in Syracuse, New York?
Possible penalties for sex crimes in New York vary quite a bit, depending on factors such as the severity of the sex offense, the victim’s age, and any prior criminal history. Here’s what you may be facing:
Misdemeanor Offenses
Some sex crimes are classified as misdemeanors, typically resulting in up to one year in jail and/or fines. Even at this level, a conviction can carry serious long-term consequences, such as a criminal record or sex offender registration requirements.
Felony Offenses
More serious crimes are charged as felonies, which can involve mandatory minimum prison sentences of several years or even life in prison. The exact sentence depends on the nature of the crime, whether a minor was involved, and the defendant’s past record.
Enhanced Penalties for Repeat Offenders
Offenders with previous sex crime convictions often face harsher sentences. Courts may impose longer prison terms for second or subsequent offenses, especially when they involve minors or the use of force.
Beyond jail or prison time, a sex crime conviction can carry additional penalties. These may include mandatory registration as a sex offender, restrictions on where you can live or work, and more intense supervision if you are placed on probation.
What Defenses Can Be Raised If I’m Arrested For Sex Crimes?
When you’re facing sex crime charges, understanding which defenses might apply can give you a clearer path forward. The exact defense strategy depends on the specifics of your case and any available evidence. Below are some common defenses your criminal defense attorney may consider.
Consent
One possibility is proving that any sexual activity was consensual. This defense aims to show that both parties agreed to the act in question, meaning there was no coercion or forced involvement. Evidence such as communications, videos, or other details might be used to support a claim of consent. Keep in mind that if the victim is under the age of consent, this can never be used as a defense.
Constitutional Violations
If law enforcement officers collected evidence illegally, or if you weren’t informed of your rights during an interrogation, these issues could lead to excluding that evidence or even dismissing the case entirely. This defense focuses on ensuring that any police mistakes, such as an unlawful arrest or search, do not go unnoticed in court.
Insufficient Evidence
The government must prove the charges beyond a reasonable doubt. A defense attorney can challenge the prosecution’s evidence if it’s unclear or lacks proper documentation and credibility. This could involve questioning the reliability of eyewitness testimony or forensic tests.
Mistaken Identity
In some cases, the wrong person is charged simply because they resemble another individual or were found at the wrong place at the wrong time. Eyewitnesses may misunderstand what they saw or fail to correctly recall details due to stress, anxiety, or poor lighting. It’s also possible that police misconduct pushed someone to wrongly identify you. Your lawyer can point to these issues to try to seek an acquittal.
False Accusations
False accusations can come from a variety of motives, such as revenge, jealousy, or a personal grudge. A person may exaggerate or fabricate claims, hoping to punish the defendant or gain an advantage in a separate dispute, like custody proceedings.
Establishing a clear motive for the accuser and concrete evidence suggesting the claims lack merit can poke significant holes in the case. Thoroughly investigating social media posts, text messages, and any other relevant communication that shows bias or false accusations can be incredibly helpful.
The exact sex crime defense used will depend on the specifics of your case and what your attorney believes gives you the best chance at beating the charges.
Schedule a Free Case Evaluation With Our Syracuse Sex Crimes Lawyer
There aren’t that many things more serious than being charged with a sex crime. The allegations alone can cause significant problems in your life, making it essential to work with a criminal defense lawyer as soon as possible. Our team will do everything possible to help you fight back against these charges and walk away with your freedom and reputation intact. Contact Passalacqua & Associates, LLC to schedule a free case evaluation with a Syracuse sex crimes lawyer.