New York First-Degree Criminal Sexual Act Charges
A criminal sexual act in the first degree is a serious felony offense under New York Penal Law § 130.50. It involves engaging in oral or anal sexual conduct with another person either by force, with someone who is physically helpless, with a child under age 11 or a child under 13, and you are at least 18 years old. The law presumes that individuals under this age cannot legally consent, which makes these cases especially severe.
This charge carries harsh legal penalties, including the potential for long-term imprisonment and lifelong consequences. Factors like the use of force, the victim’s age, or incapacity to consent make these cases complex and emotionally charged. Given the seriousness of the allegations and the legal implications, having skilled legal representation is crucial.
At The Fast Law Firm, P.C., we offer strategic, compassionate defense for those accused of first-degree criminal sexual acts. As former prosecutors, we understand how these cases are built and how to challenge them. If you or a loved one is facing such a charge, contact us today for a confidential consultation. We are here to protect your rights and guide you through this difficult time.
Penalties for Criminal Sexual Acts in the First Degree
A criminal sexual act in the first degree is classified as a Class B violent felony under New York law. If you are convicted of this offense, you face extremely serious consequences—both in terms of incarceration and long-term impacts on your life.
Criminal Classification and Sentencing
As a Class B violent felony, a conviction carries a mandatory minimum sentence of 5 years and a maximum of up to 25 years in prison. In cases involving a child under 13, the minimum can increase under certain aggravating circumstances. You may also be subject to a term of post-release supervision ranging from 5 to 20 years, depending on the specifics of your case.
Possible Legal Defenses to a Criminal Sexual Act in the First Degree Charge
If you or someone you know is facing a charge of criminal sexual act in the first degree, several legal defenses may be available depending on the facts of the case. A strong defense strategy can make a significant difference in the outcome.
Challenging Consent and Credibility
One of the most common defense strategies involves disputing the claim that the sexual act was non-consensual. Your attorney may present evidence suggesting that the interaction was consensual, directly undermining allegations of force or coercion.
In many cases, the credibility of the accuser can also be scrutinized. Inconsistencies in their statements, contradictions in testimony, or a history of false allegations may be brought to light. Prior interactions between the accused and the accuser may also provide important context that raises doubts about the accuser’s version of events.
What To Do If You’re Accused of a Criminal Sexual Act in the First Degree
To protect your rights, you need to act quickly and with extreme caution when facing charges of first-degree criminal sexual acts.
- Do not speak to law enforcement without a lawyer present: If law enforcement contacts you, exercise your right to remain silent. Anything you say can be used against you, even if you believe you’re helping your case. Politely decline to answer questions and request legal counsel immediately. Speaking without an attorney can lead to self-incrimination or misinterpretation of your statements.
- Preserve evidence: Secure and retain any evidence that may support your defense. This can include text messages, emails, call logs, surveillance footage, witness contact information, or any other documentation that helps establish the context of the alleged incident.
- Contact an experienced criminal defense attorney immediately: Early legal representation is essential. At The Fast Law Firm, P.C., we begin strategizing from day one. Our team works to protect your rights during investigations, challenge questionable procedures, and build a strong foundation for your defense.
