Criminal Sexual Act in the Second Degree: Understanding Your Defense Options
You can be charged with criminal sexual act in the second degree if you are 18 years old or older, have oral or anal sex with an individual who is under the age of 15. And or if you have oral or anal sex with an individual that cannot consent due to incapacity or a mental disability. As a class D felony, criminal sexual act in the second degree carries serious jail time. If you are facing these types of allegations, the Spodek Law Group is your best option to find an attorney to defend your case.Criminal Sexual Act of the Second Degree in NYC
When considering the allegations of criminal sexual act in the second degree, you need to understand how one can be charged with such a crime. Lack of consent is the main factor involved in these allegations in the following situations:1. Mental Disability
Anyone that suffers from a mental disease or disability is not capable of consenting to oral or anal sex. If the individual is not capable of understanding the nature involved in the conduct, there will always be a lack of consent.2. Mental Incapacity
Mental incapacity refers to an individual being incapacitated by an intoxicating substance without their knowledge or permission. Having oral or anal sex with an incapacitated individual will result in you being charged with these allegations.3. Age of the Victim
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Defenses for Criminal Sexual Act in the Second Degree Charges
Need to defend yourself against charges for criminal sexual act in the second degree? Contact the Spodek Law Group today. To speak with an experienced lawyer that is ready to defend your case. The following defenses are the most common when it comes to defending against the criminal charges:1. Defense Against Mental Disability
The defense against the victim's claim to mental disability can be used if there is no evidence or witness testimony which corroborates the victim's claim. Similarly, if you were not aware of the victim's mental disability, you may use this as a defense as well.2. Defense Against a Lack of Consent
A common defense against a lack of consent is if you and the victim are married. Likewise, you can defend yourself against a criminal charge if the victim is less than four years younger than you.
3. Lack of Intent
If your defense attorney from the Spodek Law Group can prove that you had no intention of committing a criminal sexual act, you may be able to escape the conviction. This defense only works if you were incapable of consenting yourself. I.e. in the event of intoxication.4. Statute of Limitations
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Protecting Your Future
Being charged with criminal sexual act in the second degree can have serious consequences which will change your life forever. Don't wait. Call the Spodek Law Group right now in order to make an appointment with an expert attorney.Frequently Asked Questions
No. You have the right to remain silent and the right to an attorney. Invoke both rights immediately and contact Spodek Law Group.
Every case is different. We offer free initial consultations to evaluate your case and discuss our fee structure.
An arraignment is your first court appearance where charges are formally read. You enter a plea and bail may be set. Having an attorney present is critical.
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