Michael V. Cibella, LLC - Litigation Attorney
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Practice Areas

Posts Tagged: Sex Crimes

State senate passes bill prohibiting nonconsensual publication of intimate imagery

On behalf of Michael V. Cibella, LLC posted in Sex Crimes on Friday, June 16, 2017.

The proliferation of everything from smartphones and wireless internet access to social media outlets and file sharing platforms means we are now more connected than ever. Indeed, when was the last time you didn’t think of voicing a pressing concern or sharing an incredible photo with your family, friends or the internet at large?

Will you be considered a sex offender and need to register?

Being charged with a sex crime is one of the most serious legal situations a person can face. Along with the possible sentencing that can come with the potential conviction in New York, a near immediate stigma goes along with the whisper of an alleged sexual offense.

If you are being accused of something like rape or sexual misconduct, we know you are scared. There is a lot on the line, including the possibility that you will have to register as a sex offender. There is a lot to know about the sex offender registry

The questions to be answered in online solicitation cases

Being accused of soliciting a minor online can shocking; especially given the stigma that sex crimes carry in our society. It may seem like you have to prove yourself innocent beyond a reasonable doubt in instead of the state proving its burden to that standard.

Regardless of what you might believe, you have a constitutional right to be presumed innocent until proven guilty in a court of law. This means that the prosecution must every element of the crime you are charged with before you may be convicted.

Can a 14 year-old’s sexts be used as a defense to statutory rape?

The New York Daily News recently ran a story about the defense being offered in a case of two boys accused of raping a 14 year-old girl in her school bathroom. The defendants, who were 17  and 18 at the time of the alleged rape, have argued pretty convincingly that the sex was consensual.

Not only do they claim the sex was fully agreed to by the girl and, in fact, planned in advance, but they were also able to produce “explicitly compromising images of herself” the girl had sent to at least one of the defendants.

Range of sentencing an important part of sexual assault cases

Sexual assault is a very serious crime, one that carries severe penalties and can leave you with a reputation that mars your future prospects indefinitely. In the state of New York, there are many different sexual assault charges that can be filed against someone accused of such crimes. Just look at the list here. You’ll quickly notice that most of these are considered felonies.

In the state of New York, sexual assault charges before a judge give that judge the discretion to pick a range of years for their sentence. What this means is someone who is sentenced on sexual assault charges will have an “indeterminate” sentence, and that his or her time in jail will largely depend on how he or she behaves while behind bars once the minimum part of the range is met.

Sexual assault penalties are severe at both state, federal level

Sexual assault crimes are highly charged crimes, and as such, the penalties reflect that. When someone is convicted of a sexual assault charge, it will be up to a judge to determine the parameters for the convicted person’s punishment. The jail time, if any, sexual offender registration level and other conditions all determined by a judge based upon a variety of factors particular to the offense and the history of the person convicted.

In the state of New York, the maximum time for a forcible sexual abuse is seven years, while it is as much as 25 years for a forcible rape. On top of that, those convicted will be required to register, with various conditions, as a sex offender for a minimum of 20 years from their release from jail and possibly their entire life.  As such, if charged with a sex crime, you should have an experienced defense attorney at your side or it may impact you for the rest of your life.

Long term effects of sex crime conviction are incredibly punishing

The long term well-being of people who are convicted of crimes is not a common topic of discussion in today’s world. And understandably so: it’s a difficult topic that is inherently “unsavory” to consider. Most people just don’t want to think about it. But this is an important topic, because unless the person convicted of the offense is put behind bars for the rest of his or her life, they will eventually re-enter society.

Assimilating back into society after a crime is a huge problem right now. People carry a criminal history, in addition to having massive consequences related to finances and personal activities, and makes to often find a suitable job or place to live. When people are unable to assimilate back into society, recidivism increases and a person with a criminal record, much less a sex offender, could become destined to fail.

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