New York Sexual Assault Defense Lawyers

Defending Clients Accused of Sexual Abuse & Sexual Assault

Serving Nassau County, Suffolk County, and the entire tri-state area, Barket Epstein Kearon Aldea & LoTurco, LLP is here to protect your constitutional rights in the face of sexual assault charges.

These are highly sensitive matters, and defending a client against such charges is no easy task. However, our New York sexual assault defense attorneys are powerful, highly experienced, and widely recognized as leaders in criminal law. We have over 200 years of combined experience to apply to your case and the resources to see it through to the best possible result—no matter the circumstances or odds.

To find out how a New York sexual assault defense lawyer at our firm can help you, call (888) 779-0267. Your consultation is free and private.

Sexual Assault Charges in New York

In New York, sexual assault or sexual abuse encompasses a variety of offenses involving unwanted sexual contact. As it is a sex crime, sexual assault is particularly serious for a defendant due to lifetime sex offender registration requirements, not to mention the harsh terms of imprisonment and fines that may be imposed upon a conviction.

Your only choice, if you want to have the best opportunity of avoiding formal charges and a conviction, is to involve a New York sexual assault attorney.

In addition to rape, sexual assault may include many other forms of sexual misconduct. This may include various offenses, including:

• Criminal sexual acts
• Forcible touching
• Sexual abuse
• Aggravated sexual abuse
• Course of sexual conduct against a child
• Female genital mutilation
• Facilitating a sex offense with a controlled substance

The key element in each offense is the subjection of another individual to sexual contact without his or her consent. Under the law, lack of consent may involve forcible compulsion, the victim’s incapacity to consent, or any circumstance in which a victim does not expressly or implicitly consent to sexual contact.

Forcible compulsion includes either the use of physical force or the threat of immediate death, physical injury or kidnapping. Moreover, individuals who are under the age of 17, mentally disabled, mentally incapacitated, or physically helpless are considered incapable of giving consent.

Types Of Sexual Assault Charges

Sexual assault crimes are defined under Article 130 of the New York State Penal Law. Sexual assault crimes include rape, sexual abuse, criminal sexual acts, aggravated sexual abuse, and female genital mutilation, among other crimes. Additionally, each crime comes with ranging degrees of severity.

For example, the crime of rape in the first degree involves the following elements: A person is guilty of rape in the first degree if he or she engages in sexual intercourse with another person by forcible compulsion, or who is unable to give consent because he or she is physically helpless, or under the age of 11, or less than 13 when the defendant is 18 or older.

The crime of rape in the first degree is a Class B felony in the state of New York. This means that if convicted of first-degree rape, you could be sentenced to up to 25 years in jail. Additionally, you could face probation, fines, community service requirements, and mandatory registration as a sex offender. As a registered sex offender, you will face restrictions as to where you can live and travel, you may struggle to obtain employment, and your criminal history will be a part of public record, searchable by neighbors and friends.

Overview of the Legal Process

Being accused of sexual assault can be an incredibly overwhelming and distressing experience. It is important to understand the legal process and your rights in order to build a strong defense. At Barket Epstein Kearon Aldea & LoTurco, LLP, our NY sexual assault lawyers are here to guide you through each step of the legal process.

Here is an overview of the legal process for sexual assault cases:

• Investigation: The police will conduct an investigation to gather evidence and interview witnesses. It is crucial to have legal representation during this stage to protect your rights.
• Arrest: If the police believe there is enough evidence, they may arrest you. It is important to remember that an arrest does not mean you are guilty.
• Arraignment: You will be brought before a judge to hear the charges against you and enter a plea. Your attorney will advocate for your rights and may request bail.
• Discovery: Both the prosecution and defense will exchange evidence and information. Your attorney will carefully review the evidence to build a strong defense strategy.
• Pretrial motions: Your attorney may file motions to suppress evidence, dismiss charges, or request a change of venue. These motions aim to strengthen your defense or limit the prosecution's case.
• Plea negotiations: Your attorney will negotiate with the prosecution to potentially reach a plea agreement that is favorable to you. However, if a fair agreement cannot be reached, your attorney will prepare for trial.
• Trial: If your case goes to trial, your attorney will present evidence, cross-examine witnesses, and argue your defense. They will work tirelessly to cast doubt on the prosecution's case and protect your rights.
• Sentencing: If you are found guilty or accept a plea agreement, the court will determine your sentence. Your attorney can advocate for a fair and just sentence based on the circumstances of your case.
• Appeals: If you are convicted, you have the right to appeal the decision. Your attorney can guide you through the appeals process and fight for your rights.

At Barket Epstein Kearon Aldea & LoTurco, LLP, we understand the complexities of sexual assault cases and the impact they can have on your life. Our dedicated team of attorneys will provide you with compassionate and aggressive representation throughout the entire legal process.

How a Sexual Assault Lawyer Can Help You

A sexual assault defense attorney can provide valuable assistance in your case. They can:

• Protect your rights: An attorney will ensure that your constitutional rights are upheld throughout the legal process.
• Provide legal advice: They will guide you through the legal proceedings, explain your options, and help you make informed decisions.
• Investigate the case: An attorney will thoroughly investigate the circumstances surrounding the alleged sexual assault, gather evidence, and identify any weaknesses in the prosecution's case.
• Develop a defense strategy: Based on the evidence and the specific details of your case, an attorney will develop a strong defense strategy to challenge the charges against you.
• Negotiate with prosecutors: If appropriate, an attorney can negotiate with prosecutors to seek a reduction in charges or a favorable plea agreement.
• Represent you in court: If your case goes to trial, an attorney will represent you in court, presenting your defense and advocating for your innocence.

Statute of Limitations for Sexual Assault in New York

The statute of limitations for sexual assault cases in New York varies depending on the specific offense and the age of the victim. In general, the statute of limitations for most sexual assault offenses ranges from 5 to 25 years. However, there are exceptions to the statute of limitations, such as:

• Forcible rape: No statute of limitations
• Sexual conduct with a child: No statute of limitations if the victim was under 18

Building a Clear & Persuasive Case in the Face of Sexual Assault Charges

The very nature of a sexual assault charge can influence a jury, entice an ambitious prosecutor to press charges, or drive law enforcement personnel to make every effort to build sufficient evidence against you. You need someone fighting in your corner to protect your rights and interests. That is what the New York sexual assault defense attorneys at Barket Epstein are here to do—and we have the wherewithal and knowledge to succeed.

Call (888) 779-0267 today to put our renowned New York sexual assault lawyers on your side.