Astoria Sex Crimes Lawyer

In New York, the term “sex crimes” encompasses an array of illegal sexual conduct ranging from low-level misdemeanors to Class “A” felonies. When convicted of one of these crimes, you must register as a sex offender, which may cause you to lose access to your family, your home, and opportunities for employment.

Mike Schillinger understands that an accusation of a sex crime may be based on false allegations, or even a simple misunderstanding. For example, you may be 18 and your 16-year-old partner was willing, but legally too young to consent. Mike knows there are ways to fight these charges. As an Astoria sex crimes lawyer, Mike will fight for you.

What Qualifies as a Sex Crime in New York

Allegations of a sex crime often include assaults in which someone physically forces themself on another person, such as rape, date rape, forcible touching, and aggravated sexual battery. New York Penal Law § 130.05,  defines lack of consent in the context of sex offenses – lack of consent can include forcible compulsion, incapacity to consent, inability to consent due to age or mental or physical disability, etc.

For instance, anyone who is younger than 17, physically helpless, unconscious, or mentally challenged cannot consent to sexual activity. When the assailant works for the jail or prison system, an inmate cannot legally consent to sex acts. While most sex crimes are prosecuted in the New York State Criminal Courts, federal charges are often brought in cases where someone traffics another person across state lines or distributes child pornography over the internet.

What Are the Penalties Associated With Sex Crimes?

Prosecutors consider the unique aspects of each case when charging a defendant with a sex crime. They often charge repeat offenders more harshly than first-time offenders. Prosecutors also consider the type of offense as well as the character and age of the accuser and defendant. Potential sentencing time can vary greatly depending upon the severity of the charges. For instance, a Class “B” misdemeanor conviction could result in three months in jail, whereas a Class “A” misdemeanor could result in one year in jail. Felony charges could result in significantly longer prison sentences:

• Class “E” felonies: up to four years
• Class “D” felonies: up to seven years
• Class “C” felonies: up to 15 years
• Class “B” felonies: up to 25 years
• Class “A” felonies: life in prison

Sex crime convictions also come with possible mandatory counseling and fines ranging from $500 to $30,000. Under the New York Sex Offender Registration Act (SORA), anyone convicted of a sex crime must register with the state. By consulting with Mike, a knowledgeable attorney in Astoria, you can best understand the criminal justice process for prosecuting sex crimes, and how to fight back against the charges.

Risk Level Assessment Determines the Type of Sex Offender Registration

Under SORA, the judge overseeing a sex crime conviction will conduct a risk level assessment to determine whether the defendant is at risk of reoffending. If the person is at a low risk of reoffending, they’ll likely be classified as a Level 1, at an average risk of reoffending, they’ll likely be classified as a Level 2, or at a high risk of reoffending, they’ll likely be classified as a Level 3. The assessment categorizes defendants into registries for sexually violent offenders, sexual predators, or predicate sex offenders.

Level 1 offenders remain on the SORA registry for 20 years. Level 2 offenders remain on the registry for 30 years, and Level 3 offenders remain on the registry for life. Level 2 and 3 offenders can petition the court to lower designations one level.

Defenses Against Sex Crimes in Astoria

As a sex crimes lawyer fighting for you, Mike Schillinger could craft a defense that refutes the prosecutor’s argument. Sometimes, consenting participants have a change of heart; or they are embarrassed and so choose to claim they were forced to commit a sex act. Mike can also dig into the accuser’s motivations and history. When the alleged victim was drinking or retaliating against the accused during the sexual encounter, the jury should know. They should also know whether the police entrapped the accused or conducted a faulty search and seizure.

A Sex Crimes Attorney in Astoria Will Fight for Your Freedom

Being charged with a sex crime can be a nightmare. No matter what the circumstances, you deserve a skilled advocate like Mike Schillinger who will tell your side of the story and present a strong defense on your behalf. Much is at stake, from embarrassment amongst your peers to potential years in prison.

You need a defender who understands Prosecutors and Judges in the criminal justice system, as well as someone who can protect your reputation, freedom, and family. Astoria sex crimes lawyer Mike Schillinger is the legal representative you need. Call today.