Criminal Defense Lawyers

NYC Aggravated Sexual Abuse in the Second Degree Lawyers

In New York, Aggravated Sexual Abuse in the Second Degree is distinguished from rape. Rape involves sexual intercourse. Aggravated Sexual Abuse in the Second Degree does not.

Aggravated Sexual Abuse in the Second Degree requires the insertion of a finger into the vagina, urethra, penis, rectum or anus of another individual without consent. This is contrasted with Aggravated Sexual Abuse in the First which involves the insertion of a foreign object such as a bottle, stick or pencil into one of these orifices without consent.

Lack of Consent

Lack of consent is an element of the crime of Aggravated Sexual Abuse in the Second Degree. In the state of New York, lack of consent can be demonstrated in one of three ways.

The first way in which lack of consent is demonstrated in a Aggravated Sexual Abuse in the Second Degree case is by force. Force can by physical as well as the threat of physical force. In addition, force exists if a threat is made to kidnap the victim or to kidnap a person connected with the victim, like a friend or family member.

The second way to demonstrate lack of consent is if the victim is helpless and unable to consent. This is the case even when the perpetrated is responsible for causing the victim to be in a helpless state. For example, if the victim passed out from consuming too much alcohol, that individual is classified as helpless and incapable of consenting to a sex act.

Finally, age is a way of demonstrating lack of consent. In New York, if a person is less than 11 years of age, that individual cannot consent in any way to this type of sexual contact.

Prosecution for Aggravated Sexual Abuse in the Second Degree

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

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!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

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!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

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

Aggravated Sexual Abuse in the Second Degree is a class C felony, which means it is a serious crime. The case commences with the arrest of a person charged with Aggravated Sexual Abuse in the Second Degree.

After arrest, a judge will set bond and schedule the case for further proceedings. Many cases are resolved with a plea. However, if valid defenses to the charge exist, the case is set for a trial.

If convicted of this crime, a person faces a minimum sentence of 3.5 years in prison. The maximum sentence for Aggravated Sexual Abuse in the Second Degree is 15 years.

Defenses for Aggravated Sexual Abuse in the Second Degree

There are defenses to a charge of Aggravated Sexual Abuse in the Second Degree. One defense is that the so-called victim in fact consented to the act. In addition, if the charge stemmed from this act being perpetrated on a child under the age of 11, a defense to this crime would be the person being over 11 years of age. A person may still be guilty of a crime, but not this one.

Another defense would be that the insertion occurred for a bona fide medical reason. The statute of limitations may also be a defense. A case involving Aggravated Sexual Abuse in the Second Degree must be filed within five years of the alleged act or prosecution is barred.

Retain a Skilled NYC Aggravated Sexual Abuse in the Second Degree Lawyer

If you’ve been charged with Aggravated Sexual Abuse in the Second Degree, you should schedule an initial consultation with the Spodek Law Group. An experienced, tenacious Aggravated Sexual Abuse in the Second Degree lawyer from the firm will provide an overview of you case, including possible defenses. Legal counsel will also answer any questions you might have. There is no charge for an initial consultation with the Spodek Law Group.