Criminal Defense Lawyers

NY Penal Law § 130.95: Predatory Sexual Assault

NY Penal Law § 130.95: Predatory Sexual Assault

One of the most serious crimesin New York’s criminal codeis predatory sexual assault. It is one of the two sex crime classified among the class A-II felonies. If you are convicted of this offense, you could end up spending the rest of your life in prison.  You have committed the crime of predatory sexual assault under New York Penal Code § 130.95 if you:

You seriously injure the victim or threaten the immediate use of a dangerous instrument during the commission of: 

• rape in the first degree, 
• criminal sexual act in the first degree, 
• aggravated sexual abuse in the first degree, or 
• course of sexual conduct against a child in the first degree, and;

Commit one of the listed sex crimes against multiple victims; or

Also have at least one prior conviction for a felony sex offense, incest or use of a child in a sexual performance.

Example

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

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2024-03-18

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2024-03-15

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2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

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2024-03-12

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2024-03-12

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2024-02-28

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2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

A woman is forcibly compels by a man to perform oral sex on him and then he forcibly subjects her to anal intercourse. A few after commiting that crime, the same man forcibly touched the breasts of another woman with his hands and mouth, forced her to perform oral sex on him and forcibly subjected her to sexual intercourse. The sum total of this man’s actions amount to predatory sexual assault.  By employing forcible compulsion to subject two different women to sexual acts, he committed the crimes of criminal sexual act in the first degree and rape in the first degree. Therefore, the prosecutor could also charge him with predatory sexual assault on the basis of his commission of sex crimes against more than one person.

Offenses that are Related

Rape in the first degree: New York Penal Code § 130.35

Aggravated sexual abuse in the first degree: New York Penal Code § 130.70

Criminal sexual act in the first degree: New York Penal Code § 130.50

Incest in the third degree: New York Penal Code § 255.25

Use of a child in a sexual performance: New York Penal Code § 263.05

Course of sexual conduct against a child in the first degree: New York Penal code § 130.75

Possible Defenses

Any defense to a charge of predatory sexual assault would need to dispel the critical components of the underlying sex crime. For instance, if you get accused of criminal sexual abuse in the first degree or rape in the first degree based on the use of force, a valid defense would be to demosntrate that the sex was consensual. Alternatively, you could demonstrate that that victim was not seriously injured.

The Sentence

Predatory sexual assault is considered to be a particularly egregious crime. The repercussions of conviction include jail time, supervision post-release, and sex offender registration.

The maximum sentence for this crime is life in prison. However, if you have no prior criminal history, the minimum sentence for this offense is 10-20 years in prison. For a second time felony offender, the minimum sentence is 15 years behind bars, while persistent felony offenders will face sentences of at least 25 years in prison. Then, when you are released from prison, you will also serve a term of post-release supervision.

Being convicted of predatory sexual assault means you will also be required to register as a sex offender as mandated by the New York Correction Law § 168, also known as the Sex Offender Registration Act (SORA).