In simple terms, the charge of aggravated sexual abuse in the first degree is when someone takes a foreign object and that inserts it into another person’s sexual orifice and in the process injures this person, either by the person being unable to consent or physically helpless, by forced compulsion, or when the person involved is eleven or younger.
Aggravated sexual abuse is a felony sex crime in the state of New York. This could include a crime that wounds, disfigures, or otherwise maims a victim, and this charge could even include when there’s a sexual assault that someone else helps with, or if it involves a deadly weapon, or even if it was done while you committed another crime.
When it comes to aggravated sexual assault, there are actually three different levels of severity, which range from level one to level four. The fourth degree charges aren’t as serious during the phase of the trial that focuses on penalties, but they can still hurt you when it comes to your criminal record. In order to get a conviction, the prosecution will usually agree to a plea deal in order to reduce how severe your crime is, in the process bringing it down to a lesser degree. This definitely seems like a good idea in theory, but no matter the severity of the crime, that sex offense charge will stay with you forever.
It goes without saying that you shouldn’t enter into a plea agreement on your own or talk to people other than your lawyer. If you are arrested for a crime, you can provide your name, birth date, and your address, but nothing more until your attorney is there. This charge is in fact a class B felony, and as a result can put you in prison for twenty-five years, so the last thing you want to do is try to explain away your behavior or similarly talk yourself into a corner.
What are the penalties for aggravated sexual abuse?
When it comes to cases of aggravated sexual abuse, the conviction percentage is actually pretty high. And as you might expect, a big reason for this is the fact that many suspects will talk about their case once they’re arrested. Usually while trying to explain away their behavior or show why they’re not guilty, suspects will dig a bigger hole for themselves, one they often can’t get out of.
The thing about this charge is that it’s always considered to be a felony, usually in the first degree. Sentences can vary, but they tend to range between five and fifteen years. If the victim is under sixteen years of age, the sentence then goes up by twenty-five years. A maximum sentence of life in prison can also be used in certain cases.
Your individual sentence will depend on things such as the age of your victim, your previous criminal record, damage to the victim, and other similar factors.
Unless you’re faced with a mandatory life sentence, usually the judge will let you serve a certain portion of your sentence on probation. You will also be required to join a treatment program and register with the sex offender list.
Among the information that you have to provide to the sex offender registry will be your name, your address, and the crime you committed. The community you live in will then be able to access that information, and this can obviously affect your ability to find housing as well as employment.
We’ve said this before, but it bears repeating: you should only speak or make a statement if your counsel is present. Along with this, you should select an attorney who has extensive experience when it comes to cases of aggravated sexual abuse.
Considering just how serious an aggravated sexual abuse charge could be, extending beyond lengthy prison sentences and including mandatory registration that will stick with you for life, it’s important that you seek out the right counsel who can help you out with your case. At Joseph Potashnik and Associates, PC, you’ll find exactly that. Our NYC criminal lawyers have represented thousands of criminal defendants at all stages of the criminal process from arrest to trial. So give us a call today and we’ll be glad to help you.