Sex Abuse

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Sex Abuse Charges in New York: What You Need to Know

Sex abuse charges in New York are among the most serious and life-altering accusations a person can face. These cases carry severe criminal penalties, harsh social stigmas, and long-term consequences including sex offender registration, employment restrictions, and the loss of personal and professional relationships. Even an allegation alone can have a devastating impact.

At the Law Offices of Matthew Cohan, we understand the sensitivity and complexity of sex abuse cases. We provide skilled, strategic, and discreet legal representation to protect your rights and your future.

What is Sex Abuse in New York?

Under New York Penal Law, Sex Abuse involves subjecting another person to sexual contact without consent. Sexual contact includes any touching of intimate parts for the purpose of sexual gratification. Consent may be at issue due to age, incapacity, coercion, force, or lack of agreement.

Sex abuse charges often arise from situations involving misunderstandings, false accusations, alcohol-related incidents, relationship disputes, or misinterpretations of events.

New York divides Sex Abuse into three degrees, each with its own elements and penalties.

Sex Abuse in the Third Degree (PL §130.55)

This is typically charged when a person subjects another to sexual contact without consent. It is a Class B misdemeanor and can result in jail time, probation, fines, and mandatory counseling.

Sex Abuse in the Second Degree (PL §130.60)

This is more serious and is charged when the complainant is incapable of consent due to factors such as age or mental incapacity. It is a Class A misdemeanor with potential consequences that include up to one year in jail and other long-lasting penalties.

Sex Abuse in the First Degree (PL §130.65)

This is a Class D violent felony and involves allegations of sexual contact by forcible compulsion or contact with a person who is physically helpless. A conviction can result in state prison, post-release supervision, and mandatory sex offender registration.

Penalties for a Sex Abuse Conviction

Penalties vary by offense level and criminal history, but may include:

  • Jail or state prison

  • Sex offender registration under SORA

  • Long-term supervision and monitoring

  • Strict restrictions on residency and employment

  • Orders of protection

  • Immigration consequences for non-citizens

  • Damage to reputation and relationships

Because the personal and legal consequences are so severe, immediate representation is critical.

Defenses Against Sex Abuse Charges

A strong defense depends on a thorough investigation and a detailed understanding of the facts. Possible defenses include:

Consent

The prosecution must prove lack of consent. If the contact was consensual, the charges may not stand.

False Allegations

Accusations may arise from personal conflicts, custody disputes, revenge, or misunderstanding.

Mistaken Identity

Errors in identification or memory can result in false accusations.

Lack of Intent

Sex abuse requires intent for sexual gratification. Accidental or nonsexual contact may not meet the legal requirement.

Inconsistent or Unreliable Testimony

Witness statements may be contradictory or influenced by external pressures.

Insufficient Evidence

The prosecution must prove every element beyond a reasonable doubt.

The Law Offices of Matthew Cohan examines all evidence, challenges weak or unreliable testimony, and works to uncover inconsistencies or procedural errors that can strengthen your defense.

Hire an Attorney for New York Sex Abuse Charges

Sex abuse cases require an attorney who is knowledgeable, strategic, and discreet. Our firm understands the emotional weight and social consequences of these allegations. We handle each case with confidentiality and care while aggressively defending your rights in and out of court. Make sure you find an attorney who has handled these exact charges as they are extremely complex. Our goal is to protect your freedom, reputation, and future.

Accused of Sex Abuse in New York? Contact Us Today

If you are facing sex abuse charges, immediate action is essential. Early legal intervention will increase your chances of obtaining reduced charges, a favorable plea, or dismissal.

Contact the Law Offices of Matthew Cohan today for a free, confidential consultation.

The § 1028A Trap

Aggravated Identity Theft charges carry a Mandatory Minimum sentence that cannot be served concurrently.

Underlying Crime
5 Years (Example)
+ ID Theft (1028A)
+ 2 Years
Total Prison Time
7 Years
Lack of Knowledge
Lack of Knowledge
Proving you didn't know the ID belonged to a real person.
Lawful Authority
Authorized use or power of attorney defenses.
No Intent
Lack of intent to commit the underlying felony.
Practice Areas.
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We handle cases throughout New York and New Jersey.
New York Office
123-60 83rd Ave Suite 2R
Kew Gardens, New York 11415
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180 East Main Street Suite 206
Smithtown, New York 11787
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