New York State is incredibly strict on cases that involve a sex crime and one of the highest offenses that can be committed is predatory sexual assault. There are two instances in which this offense is charged, as predatory sexual assault and predatory sexual assault against a child. Both offenses are charged as a class A-II felony, meaning there is a minimum sentence of at least 15 years and can include a conviction of a life sentence. Even if the resulting sentence is not life in prison, mandatory registration as a sex offender as well as other court-imposed restrictions will apply. If you have been charged with predatory sexual assault, call now for a free consultation with our experienced team of New York criminal attorneys.
First, if these offenses are being charged, it means that there was a lack of consent between the victim and the offender regarding the sexual acts that occurred. A lack of consent is the result of an incapacity of the victim to consent (due to mental or physical disability, age, drugs or intoxication), forced compulsion, or clearly expressed lack of consent at the time the act occurred.
Predatory sexual assault applies when a person who, either during or immediately after, causes serious physical injury to the victim or threatens or uses a dangerous instrument while committing rape in the first degree, aggravated sexual abuse in the first, sexual conduct against a child in the first or a criminal sexual act in the first. Additionally, if the offender has committed any of the offenses as just named above against one or more additional people (meaning at least two or more people) or they have previously been convicted of incest as stated in section 255.25 of the penal code or use of a child in a sexual performance in section 263.05. For more information on incest or use of a child in a sexual performance, please see our articles that discuss those specific offenses.
While predatory sexual assault against a child is charged as a separate offense, the same sentencing specifications apply. The reason this section of the law would be charged instead of predatory sexual assault is when the act of rape in the first, sexual conduct against a child in the first, aggravated sexual abuse in the first or criminal sexual act in the first is committed against a victim who is less than 13 years old. This distinction becomes especially important when, following a conviction, the offender is going through SORA registration and being assessed for their risk level.
Court proceedings can be lengthy and the overall process can be especially confusing for anyone, let alone for an offense that is classified as a level A-II felony and can result in a life sentence. If you or someone you know has been charged sexual predatory assault, it is incredibly important to have an attorney you trust with you while the charges are being handled in court. Our experienced team of New York criminal attorneys are here to discuss your case with you so call now for a free consultation with one of our team members.