Sexual Misconduct Charges in New York

Why You Need an Attorney

If you are charged with sexual misconduct in New York, then the best option to consider is to seek the assistance of an attorney who can represent you when you go to court. There are some types of sexual misconduct that could result in longer jail sentences and other components of your sentence. These are often misdemeanors. However, a felony misconduct charge could result in at least a year in jail and fines as well as registering as a sex offender depending on the nature of the crime. After learning about the details of your sexual misconduct charges, your attorney can work with you to determine the best defense that could be presented in court and what you could expect regarding your sentence. You want to listen to the advice given by your attorney instead of trying to handle the issues on your own.

Types of Sexual Misconduct Under New York Law

There are several sections to consider regarding sexual misconduct charges and the penalties associated with each one. One of the types is when you have sex with another person without that person's permission. It's also illegal to have sex with another person if you are of a certain age and the other party is a certain age. Most of the time, if you're 21 and engage in a sexual act with someone who is under the age of 17, then you can be charged with sexual misconduct. Another charge that you could face involves sexual acts with an animal or someone who is deceased.

Consequences of a Sexual Misconduct Conviction

Immediate Sentencing

After being charged with any kind of sexual misconduct, you will face a judge to learn of the consequence that you're going to need to complete. Even after you have completed your sentence for the state, you will still need to register as a sex offender in most situations. This means that you won't be able to be in certain areas or around certain people while alone. It could also have ramifications pertaining to seeking employment or obtaining housing. These details can impact relationships that you might have as well.

Treatment and Alternative Sentencing

Sometimes, you might be ordered to seek treatment for the misconduct that you performed. This is usually ordered if you don't have a criminal history and there is a valid reason behind the act. Other consequences for misdemeanors include community service or probation. If you're charged with a felony, then you could face several months or years in jail.

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There are numerous details that could impact your case, which is why you need to seek the assistance of an attorney instead of trying to handle the case on your own. Your attorney will discuss all of the evidence that has been presented against you in order to determine the best way to present a defense that could reduce or dismiss your charges. The charges could be true against you or could be the result of someone wanting to retaliate for an act that you committed. There are could be circumstances that are misunderstood after engaging in a sexual act that need to be presented in court.

Evidence Your Attorney Will Examine

Your attorney will want to know if you have an alibi for the time the crime was committed and how well you know the other party involved in the sexual misconduct. Any medical evidence will also be examined in order to show your guilt or innocence regarding the act. At times, the questions that you might have to answer could be personal and emotional, which is why this type of charge should not be taken lightly and should be dealt with in a manner that is as professional as possible.

The Emotional and Mental Impact

After being charged with sexual misconduct, the outcome of the charges could be devastating on several levels including mentally and physically. You might feel as though you're unable to be around the people you love or be involved in certain situations because of the label that you have. If you know that you're innocent of the charges against you, then you need to provide as much evidence as possible for your attorney so that you have the best possibility of not spending time in jail and not facing significant consequences. It is the prosecution's responsibility to prove that you committed the act, which could be difficult if you have proof that you didn't.