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Predatory Sexual Assault

Perhaps the most harshly prosecuted crime in New York, Predatory Sexual Assault is committed when a person commits any type of sex crime, including rape, in the first degree against a child and inflicts or threatens to inflict serious bodily injury.

Conviction of this charge is a Class A-II Felony – the highest level offense in the state of New York.

Predatory Sexual Assault Lawyer in Nassau County, New York

Stephanie Selloni is recognized by the legal community through her admittance to reputable law associations such as the Nassau County Criminal Courts Law and Procedure Committee and the New York State Association of Criminal Defense Lawyers (NYSACDL).

The Law Office of Stephanie Selloni represents clients for traffic charges throughout Nassau County and Suffolk County including the towns, villages and cities of Riverhead, Garden City, Stony Brook, Westbury, Glen Cove, and Hempstead.

Call (516) 972-1212 or simply submit an online contact form for more information.

Predatory Sexual Assault Information Center

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What is Predatory Sexual Assault?

Among sex offenses in New York, Predatory Sexual Assault is the most grievous. According to New York Penal Code 130.95, to be charged with predatory sexual assault, a person must be charged with rape in the first degree, course of sexual conduct against a child in the first degree and the following conditions:

  • Cause serious physical injury to the victim of such a crime; or
  • Uses or threatens the immediate use of a dangerous instrument such as a knife or gun; or
  • Has a previous conviction for a sex crime in section 255.25 or 263.05.

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Penalties

Since the abolishment of the death penalty in 2007, New York offenders convicted of a Class A-II Felony can expect the following penalties:

  • Imprisonment – A person convicted of sexual assault that is predatory is viewed with disdain in the courts. The crime is considered to be a repulsive crime. The presiding judge may sentence the convicted person to a maximum of life in prison. However, if no prior criminal conviction exists, the minimum sentence could be ten to twenty years behind bars.
  • For second-time felony offenders, the minimum sentence is fifteen years in jail. Repeat felony offenders will receive a sentence of at least twenty-five years of imprisonment.
  • Probation – Once a person who is convicted of sexual assault that is predatory serves their time behind bars, they must serve an additional period on probation, with a law enforcement agency watching closely to keep the convicted sex offender in check.
  • Registration as sex offender – Sexual assault that is predatory is a registrable offense per the New York Correction Law section 168. A registrable offense means that the convicted person must register with a law enforcement agency in New York as a sex offender for a minimum of twenty years. The registration information required includes name, address, work address, school, photograph, aliases, email address, internet handles, crimes, and victim attributes. Registration as a sex offender requires timely updates.
  • For example, each time a convicted person who must register as a sex offender moves to a new home, the sex offender must update the new home address in the system. A person convicted of sexual assault that is predatory potentially must register as a sex offender for the rest of their life.

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Common Defenses for Predatory Sexual Assault

Predatory sexual assault cases are complex and difficult to contest. However, the following are some defense strategies that your lawyer may use to defend you against a felony and possibly life-long conviction.

  • Consent: If the accused can establish that the alleged victim willingly and knowingly agreed to engage in the sexual activity, consent can be a powerful defense. However, it’s important to note that the legal definition of consent varies and may involve factors such as age, mental capacity, and intoxication.
  • Lack of Evidence: A defense attorney may challenge the prosecution’s evidence, arguing that there is insufficient or unreliable evidence to support the charges. This could involve questioning the credibility of witnesses, the chain of custody of evidence, or the reliability of forensic tests.
  • False Accusations: In some cases, the defense may argue that the allegations are false and motivated by ulterior motives, such as revenge, jealousy, or a desire for financial gain.
  • Statute of Limitations: Depending on the jurisdiction and the specific charges, the defense may argue that the prosecution is barred by the statute of limitations, meaning that too much time has passed since the alleged offense occurred.
  • Mental Incapacity or Insanity: If the accused was mentally incapacitated or insane at the time of the alleged offense, it may be raised as a defense. However, this can be a complex legal strategy and may require expert testimony.

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Hire a Predatory Sexual Assault Lawyer in Nassau County, New York

The Law Office of Stephanie Selloni represents clients for traffic charges throughout Nassau County and Suffolk County including the towns, villages and cities of Riverhead, Garden City, Stony Brook, Westbury, Glen Cove, and Hempstead.

Call (516) 972-1212 or simply submit an online contact form for more information.

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