New York Forcible Touching
A New York Forcible Touching Lawyer can explain that all types of sex crimes are on the rise, including the offense of forcible touching. This offense cancarry substantial penalties, and can also damage the defendant’s reputation because of the social stigma associated with it. forcible touching is aggressively pursued by the New York District Attorney’s office and if you are convicted, may include jail time and monetary fines, as well as registration as a sex offender. If you have been charged with forcible touching or other sex crime such as rape (New York Penal Law 130.05), solicitation, prostitution, internet sex crime, lewd conduct (New York Law 245.05), or a sexual assault (New York Penal Law 130.065), it is important to speak with a dedicated New York Forcible Touching Lawyer from the Stephen Bilkis and Associates team right away.The crime of forcible touching is defined in New York Penal Law 130.52, and is classified as a misdemeanor. A misdemeanor offense is punishable by up to one year in jail. In this instance, a prosecutor cannot offer a noncriminal plea deal with a 1st or even 2nd arrest for this crime. If there is a conditional discharge, the defendant will likely be required to undergo some type of counseling treatment.
The crime is committed when a defendant touches a victim in an intimate area for no other reason than to degrade the victim or to satisfy the sexual desires of the defendant. The second paragraph states that it is a crime to carry out this behavior while on a bus, train or subway. In order to be convicted, certain elements must be present. These elements must be proven beyond a reasonable doubt by the prosecution.
This law was enacted pursuant to the Sexual Assault Reform Act. This crime often occurs while a victim is on public transportation. In fact, this occurs on subways so frequently that the MTA launched a public announcement about it.
In a recent case, People v Guamon 2014, Slip Op 01264 states that “any bodily contact involved with the application of some level of pressure to the victim’s sexual or intimate parts qualifies as a forcible touching within the meaning of New York Penal Law 130.52.”
For the commission of this crime, any level of contact qualifies. This includes touching an intimate body part including the breasts, genitals or buttocks, and the inner thigh. There must be a lack of consent.
Recently, this law was amended and is now called forcible touching in the second degree. Forcible touching in the first degree is much the same as the above definition accept that the defendant emits ejaculate on a person while committing the crime. This crime is categorized as a Class E felony. It is punishable by up to 4 years in prison.
This crime is often seen in conjunction with sexual abuse in the third degree. New York Penal Law 130.55 states that this crime is committed when a person subjects another to sexual conduct without their consent. This crime is a class B misdemeanor. Punishment for this crime is up to 90 days in jail.
It is important to seek the advice and guidance of an experienced New York Sex Crime Lawyer if you have been charged with this offense. Various defenses can be used on your behalf. For instance, your lawyer may be able to raise reasonable doubt, or raise questions regarding consent of the victim. The victim may have initially consented to the touching for instance, but then reconsidered after the incident occurred.
If you have been charged with child sex abuse, statutory rape, indecent exposure, child pornography or an internet sex crime, it is important to seek skilled legal guidance from our office right away. In general, sex crime cases are aggressively prosecuted and can result in serious consequences. Come in and speak with an experienced New York Sex Crime Lawyer from Stephen Bilkis and Associates. We can discuss possible defense strategies with you. Our New York City offices serve clients throughout the five boroughs of New York City including Manhattan, Brooklyn, the Bronx, Staten Island and Queens, as well as in Westchester County. Our Long Island offices support our clients in Nassau County and Suffolk County. Call us today at 800.696.9529 to schedule your free consultation.