LONG ISLAND LAWYER PROTECTING THE
RIGHTS OF SEX CRIME DEFENDANTS IN NASSAU COUNTY

A number of criminal offenses are classified as sex crimes in New York. The crimes that fall under this category vary in severity, but every sex crime carries serious penalties. If you are convicted of a sex crime, the penalties can continue to affect you for the rest of your life. Don’t let a sex crime conviction destroy your life—fight these charges with the help of criminal defense attorney Gianni Karmily.

WHAT ARE THE DIFFERENT TYPES OF SEX OFFENSES IN NASSAU COUNTY, LONG ISLAND?

Many different crimes are considered sex offenses in New York, including:

Forcible Touching

Forcible touching is the act of intentionally and forcibly touching another person’s intimate body parts in order to satisfy a sexual desire. This crime is a class A misdemeanor.

Predatory Sexual Assault

Predatory sexual assault occurs when someone threatens or injures the victim while committing another sex crime such as rape or aggravated sexual abuse. You can also face predatory sexual assault charges for committing certain sex crimes against more than one person. This crime is a class A-II felony.

Rape

There are three degrees of rape in Nassau County, Long Island. Third-degree rape occurs when someone engages in sexual contact with a victim who:

• Under the age of 17 (if the defendant is over 21 years of age), or
• Incapable of giving consent, or
• Did not give consent.

This is a class E felony. The crime is enhanced to second-degree rape, which is a class D felony, when:

• The defendant is 18 years of age or older and the victim under the age of 15, or
• The victim is unable to give consent due to mental disability or incapacity

Rape in the first-degree is a class B felony. This crime occurs when someone engages in sexual contact by force, with a victim who is physically unable to consent, or with a victim who is under the age of 11. If the defendant is 18 years of age or older, they can also face these charges for having sex with a minor under the age of 13.

Sexual Abuse

You may face sexual abuse charges if you make sexual contact with another person without obtaining that person’s consent. There are three degrees of sexual abuse offenses. The degree of charges you will face will depend on the victim’s age, whether or not you used force, and the victim’s physical ability to provide consent. This crime can be a class B misdemeanor, class A misdemeanor, or class D felony depending on the level of the offense.

Sexual Misconduct

You can face sexual misconduct charges if you engage in sexual contact with another person without obtaining that person’s consent. This is a class A misdemeanor.

Child Pornography

The state of New York prohibits anyone from creating, possessing, or distributing content that depicts a child engaging in sexual or obscene conduct.

WHAT ARE THE DIFFERENT TYPES OF OFFENSES AGAINST PUBLIC SENSIBILITIES?

Some crimes that are sexual in nature are considered offenses against public sensibilities. These crimes include:

• Public lewdness
• Exposure of a person

Public lewdness is the act of exposing yourself in a lewd manner or engaging in any other type of sexually offensive behavior:

• In a public place, or
• In a private place that is visible to the public, or
• While trespassing in a home, if the act is seen by someone inside the home.

This is a class B misdemeanor. However, exposure of a person is a violation. This crime occurs when you intentionally expose yourself in a public place.

What is the Sex Offender Registration Act?

Every sex crime carries the possibility of incarceration and substantial fines. But, these aren’t the only penalties you can face for a sex crime conviction. Under the Sex Offender Registration Act (SORA), individuals who are convicted of certain sexual criminal offenses are required to register as sex offenders.

If you are convicted, the court will need to classify you as a level 1, 2, or 3 risk level. Your risk level will determine whether or not your sex offender registration information is public and the length of time you will remain a registered sex offender.

Level 1 offenders are low risk offenders, which means it is not likely that they will commit another sex crime. If you are a level 1 offender, you typically must register for 20 years. Level 2 offenders are considered moderate risks, and level 3 offenders are considered high risks. Both level 2 and level 3 offenders typically must register for life, however certain level 2 offenders may be granted relief from registration after 30 years.

This penalty—being labeled as a sex offender—can haunt you for the rest of your life. The only way to avoid this penalty is to hire a sex crime attorney to help you fight your charges.

What are the penalties for a sex crime conviction in New York?

Penalties for a sex crime conviction in New York depend on the specific offense and criminal history of the accused. Possible consequences include:

• Significant fines and court surcharges
• Probation or supervised release
• Jail or state prison sentences
• Mandatory sex offender registration
• A permanent criminal record that affects employment and housing

Serious felony offenses such as rape, aggravated sexual abuse, or predatory sexual assault can result in lengthy prison sentences and long-term supervision.

What should I do if I am accused of a sex crime?

If you are accused of a sex crime in New York, it is important to protect your legal rights immediately. Recommended steps include:

• Do not speak to police investigators without a lawyer present
• Avoid contacting the accuser or potential witnesses
• Preserve any evidence, such as texts, emails, or digital records
• Consult an experienced criminal defense attorney as soon as possible

Early legal guidance can help evaluate the evidence and begin building a defense strategy to challenge the allegations.

Can you be convicted of a sex crime without physical evidence?

Yes. In New York, a person may be convicted of a sex crime even without physical evidence if a jury believes the testimony of the accuser or other witnesses. If the court allows it, the jury may consider statements, electronic communications, and circumstantial evidence when determining whether the prosecution has proven guilt beyond a reasonable doubt.

What is the difference between a misdemeanor and a felony sex crime?

The difference between misdemeanor and felony sex crimes generally depends on the severity of the conduct and the circumstances involved.

• Misdemeanor sex offenses often involve less severe allegations such as forcible touching or certain sexual misconduct charges and may result in shorter jail sentences or probation.
• Felony sex crimes typically involve force, serious injury, minors, or repeat offenses and can lead to long prison terms and mandatory sex offender registration.

Will I have to register as a sex offender in New York?

Many individuals convicted of certain sex crimes in New York must register under the New York Sex Offender Registration Act (SORA). Registration requires offenders to provide identifying information to law enforcement and may involve:

• Periodic address verification
• Public registry listing depending on risk level
• Registration periods ranging from 20 years to life

Offenders are typically classified into risk levels 1, 2, or 3, which determine how long they must remain on the registry and the level of public notification.

How do I find a sex crimes lawyer near me?

To find a sex crimes lawyer near you, look for a criminal defense attorney experienced in defending sexual offense charges in your area. You can search online for sex crimes defense lawyers, review law firm websites and client ratings, confirm the attorney handles sexual assault, internet sex crimes, and related charges, and schedule a confidential case evaluation to discuss your situation and legal options.

SCHEDULE YOUR CASE EVALUATION WITH OUR NASSAU COUNTY, LONG ISLAND SEX CRIME LAWYER TODAY

Are you facing sex crime charges in Nassau County, Long Island? If so, seek legal representation from experienced sex crime attorney Gianni Karmily as soon as possible. Gianni has dedicated his career to helping the accused secure their freedom. Let him defend your rights and fight to protect your future. To schedule a confidential case evaluation with the Law Firm of Gianni Karmily, PLLC, call our Great Neck office at (516) 630-3405 or our Hempstead office at (516) 614-4228.