Sex offenses are different from most other offenses in that a mere accusation, let alone conviction, may easily destroy a person’s reputation, employment prospects, and relationships with friends and family members. NYC sex crimes attorneys with Joseph Potashnik and Associates have a solid track record of defending the toughest sex crimes in state and federal courts.
A person convicted of any sex crime, not even a violent sex crime, loses more than they can ever imagine as they are marked for the rest of their life. In most cases, besides serving a long prison term, the person must register as a sex offender, which means that their private information, such as name, photo, and address, will be made public.
And our laws limit the types of employment this person may hold and places where he can live. This is a stigma that will last a lifetime.
Sex crimes is a generic name for a group of offenses that include:
- Sexual Misconduct
- Criminal Sexual Act
- Forcible Touching
- Sexual Abuse
- Aggravated Sexual Abuse
- Facilitating Sex with Drugs (Date Rape)
- Child Pornography
Our NYC sex crimes defense lawyers are experienced in defending clients charged with all types of sex crimes. Because of the severity of being convicted, you simply may not have an option to plead guilty to a sex crime. You need to fight the charges and your defense must be as hard-hitting as it should be to get an acquittal.
If you are charged with or investigated for a sex crime in New York, even if it is not a violent crime, such as a pornography-related offense, you must consult with an experienced sex crimes defense attorney as soon as possible.
You should not settle for just any attorney; instead you should hire a lawyer who will be fully prepared to go to trial from day one of representation. We understand that your life and reputation are on the line and we will build a formidable defense for you.
Once retained, we assume that we will try your case. With that in mind, we will engage a team of private investigators to scrutinize the accuser’s background. The goal here is to collect information that can be used at trial to attack the accuser’s credibility.
Scientific evidence plays a huge role in sex crimes prosecutions. We will work closely with our forensic experts. Expert testimony is critical in understanding of forensic evidence such as DNA and determining whether such evidence may indicate whether the defendant had committed the act charged with. District attorney offices routinely employ forensic experts during sex crimes prosecutions and any successful defense depends on a reliable expert as well.
Our attorneys will explore the applicability of any affirmative defenses allowed under a particular statute.
For example, one of the most commonly used defenses in sex crimes cases is consent. It is the defendant’s burden to prove that the sexual act was consensual and not forceful.
In cases involving prosecutions of health care professionals for sex offenses, another commonly used defense is that the conduct in question was performed for a valid medical or mental health care purpose.
The use of affirmative defenses requires a great degree of skill and experience. We have represented numerous clients charged with sex crimes – and you too can utilize our experience for your defense.
Contact our office today for a consultation with a New York sex offense lawyer. We will carefully review your case and give you an honest opinion on the situation.
Accused of Sexual Assault – How a Criminal Defense Attorney Can Help
Sexual assault charges are very serious. A sexual assault conviction can ruin lives. Not only is there a possibility of a long jail sentence, but there are also civil lawsuits, mandatory sex offender registry, and a high likelihood of one’s career and personal life being destroyed. This is particularly devastating if you have been falsely accused.
However, people accused of sexual assault deserve and get a chance to defend themselves in court. The court system can be unfriendly to those accused of sexual assault. It is imperative to get legal representation from an attorney experienced in defending people against these charges.
Potential Consequences of a Sexual Assault Charge
The consequences of being convicted or even accused of sexual assault are very serious. Judges and juries tend to be hard on defendants; high sentences are common. In New York state, sexual assault is a class D felony, one of the most serious kinds. People are sentenced to between one and seven years in prison; however, prison time is just the beginning.
Many people convicted of sexual assault are the victims of violence while incarcerated. In addition, once they are released, they are required to register as a sex offender. Their photograph, name, and even address can be found easily. In addition, sexual assault charges can have devastating effects on one’s personal life. Defendants often lose their families and friends over these charges. Last, it is almost impossible to have a successful career after a conviction such as this one. Many people will lose professional licenses. All potential employers will have to be told upfront about the conviction, which makes it difficult to find employment.
People who are accused of sexual assault deserve a fair trial. If convicted, they should be allowed to complete their punishment and then move on with their lives. Unfortunately, this rarely happens. There is hope for people who are accused, however: an experienced criminal defense attorney with experience in sexual assault.
Prostitution, Solicitation and Sex Trafficking
We have represented a number of clients accused of various offenses related to the selling of sex, including operating of illegal massage parlors, online escort services, and human trafficking. Individuals involved in these situations may be facing serious state and federal criminal charges such as conspiracy, money laundering, tax evasion, and even RICO prosecutions.
How Can a Criminal Defense Attorney Help?
There are several ways that a criminal defense attorney can help you throughout this process. An attorney can advocate for you to receive reasonable bail, so you can continue to work and also help prepare a defense. It is almost impossible to defend yourself against these serious accusations while stuck behind bars.
In many cases, an attorney can get your charges reduced or even dropped. It is not unusual for the court system to move forward with charges that are not appropriate for the situation or not backed up by evidence. A criminal defense attorney can work to ensure you are treated fairly.
Last, if charges are not reduced or dropped, an attorney can explain your options regarding plea bargain and trial. District attorneys often will offer unfair plea agreements to people without representation. You deserve to have all the information about the lifelong impact of your options, and to have someone on your side who is experienced in dealing with the court system.
You Have Options
While it is scary to be accused of sexual assault, you have options. An experienced attorney will ensure that your case is treated fairly, that evidence is collected according to high legal standards without contamination, and that you are treated as though you are innocent until proven guilty.
It is not uncommon for people accused of sexual assault to be treated unfairly by people in the court system. A qualified criminal defense attorney will ensure that you and your case are treated according to the highest standards of the law. Your attorney will advocate for you and show you the respect and fairness you deserve without judgment. You deserve someone on your side.
Sexual assault charges can feel devastating, but they can be fought successfully. If you or a loved one have been accused of this crime, contact the New York criminal defense attorneys at Joseph Potashnik and Associates. We will help you defend yourself against these charges and ensure that you get the fair trial you deserve.
If you are convicted of a sex crime, you will find out that your life will change in many dramatic ways and that these changes are often life-lasting. Besides having a permanent criminal conviction record, may individuals convicted of sex crimes are required to register as sex offenders, depending on the particular crime which was committed.
Once a person is convicted and registers as a sex offender, that information becomes public and the offender must carry the stigma for years, and sometimes for the rest of his life.
Being a registered sex offender means that it is much harder for the person to find or keep a job. A criminal conviction for a sex crime is also very likely to result the person’s friends and family members look at you and impact your life in other ways.
The problem with many sex offense cases is that while many times defendants are legitimately accused of the crimes they committed, there are many other cases in which people are wrongfully accused and unfortunately convicted for the crimes they did not commit. We have seen a cases in which clients were accused of sex offenses by unscrupulous and dishonest individuals who were pursuing their own agendas, some after money, some after revenge, some simply emotionally unstable.
Each case is different, of course, and when it comes to protecting you from a sex offense accusation, your case deserves a very scrupulous analysis to determine the best defense tactics.
Our law firm has the skills and experience to help people accused of sex crimes. We have successfully represented numerous clients of all walks of life facing the most serious sex crime charges.
Felony vs. Misdemeanor
One of the first things that our office does when you call is look at the charge and whether it’s a felony or a misdemeanor crime. A misdemeanor crime carries a lesser sentence and usually lets you walk away with community service, time served or a small fine. A felony is a much more serious crime that often carries prison time as opposed to time served in a county jail. Depending on the crime and the circumstances surrounding that crime, we make work with the prosecutor to reduce your charges to a misdemeanor or request that the court throws out the case.
Consequences of Sex Crimes Convictions
As we said above, certain sex crime convictions carry a mandatory obligation to register as a sexual offender. This information may be made public and could be available to anyone who cares to check it.
Any person who either was on parole or probation or who was sentenced to jail for a sex crime on January 21, 1996 must register as a sex offender with the New York State Division of Criminal Justice Services. Also, those convicted of a sex offense on or after that date, or those who were sentenced to probation or jail after that date, must register as well.
This applies to all individuals who live in New York but were convicted in other states or in federal or military courts, and they must register within 10 days of moving to New York.
There are three levels of offenses, depending on the individual offender’s risk of committing another sex crime and harm to the community. There are the three levels: Level 1 (low), Level 2 (moderate), and Level 3 (high).
Which level applies to the particular case is decided by the sentencing judge at sentencing if one is sentenced to probation and it’s often a matter of contention between prosecution and defense. If the person is sentenced to jail, the level is determined when that person is released. In these cases, the Board of Examiners of Sex Offenders will review the case and provide the report to the court. The judge will set a hearing to determine the risk level that should apply and that happens before the release. If the lower risk is assigned, then less of the information will be made public. The higher the risk the more information is available to the public.
The sex offender registry can completely change the way you live your life. It will show up every time you apply for a job or need to pass a background check, and your name will appear on national registries that let others search for sex offenders in their area.
If you are accused of a sex crime, call us. We have years of experience helping men and women facing sex crime charges. Call the law office of Joseph Potashnik and Associates at 212 577 6677 to set up a confidential evaluation of your case.