SEXUAL CRIMINAL DEFENSECharged with a Sex Crime Queens, NY

Queens Sex Crimes Defense Lawyer

If you have been arrested and charged with a sex crime, the reality of the matter is that sensitive aspects of your private life could be revealed in court for the media and in turn the world to know — and the consequences aren’t limited to just social repercussions. The mere fact that you have been charged could mean that you are already facing restraining orders and injunctions before you even appear in court, and if you are convicted, you could be fined with thousands of dollars and imprisoned for years or even decades. You could also be forced to join a publicly searchable sex offender registry and face severe restrictions in where you can live or visit.

Defending you against Sex Crimes Allegations

Unfortunately for people who are facing these allegations, the truth is that sex crimes tend to elicit strong emotional responses and hasty judgments from others. During this challenging and isolating time, you deserve to be treated with dignity, compassion, and respect, and your case deserves the benefit of a rigorous and comprehensive defense strategy.

Attorney Victor Knapp, Esq., is equipped with more than 40 years of practical experience handling diverse and complex charges related to sex crimes. He has represented numerous clients in Queens and throughout New York City and Long Island who were facing both misdemeanor and felony charges, and is committed to providing aggressive client advocacy regardless of the allegations at hand.

Sex Crime in New York

In New York, most sex offenses are handled by Article 130. Exceptions include incest, which is classed as an “offense affecting the marital relationship” under Article 255, and sexual performance by a child, under Article 263.

Rape — Although rape is a felony, it is divided into three degrees. First degree rape criminalizes sexual intercourse involving force, people who are rendered physically helpless, and children. Second and third degree rape can be charged based on the victim’s young age or lack of mental capacity to consent. Depending on the degree, rape can be a B, D or E felony.

Sex Abuse – Improper “sexual contact” can take many different forms and can be committed under many different aggravating circumstances. Depending on the circumstances, the potential charges can range from a B misdemeanor to a B violent felony

Criminal Sexual Act– Improper “sexual conduct” can also take different forms and can be committed under many different aggravating circumstances. Depending on the circumstances, the charges can be a class E, D, or B felony

Course of Sexual Conduct against a Child– Improper sexual conduct with a child over a protracted period of time can be charged as either a class D or B felony.

Incest — New York law criminalizes sexual intercourse with people who are closely related to you. Forcible sexual contact between family members can be charged as first or second degree incest. Incest can be an E, D, or B felony.

Sexual Misconduct / Forcible Touching- While not felonies, a conviction will result in mandatory registration on the Sex Offender Registry

SEX OFFENDER LITIGATION – SORA HEARINGS

Most convictions for sex offenses (even misdemeanors) require the offender to register with the State Registry of Sex Offenders. Registered sex offenders are assigned a risk level by the sentencing judge after a court hearing:

Level 1 (low risk of re-offense)

Level 2 (medium risk of re-offense)

Level 3 (high risk of re-offense).

Only Level 2 and Level 3 sex offenders are included in the online directories.

Level 1 offenders (low risk) must register for 20 years, unless they have a certain designation (i.e. sexual predator, sexually violent offender, or predicate sex offender) in which case they must register for life. Level 2 offenders (moderate risk or repeat offense) and Level 3 offenders (high risk of repeat offense and a threat to public safety) must register for life.

Convicted sex offenders have the right to challenge the level proposed by a prosecutor (who has the burden of proof by clear and convincing evidence) at a post-conviction SORA hearing. At such hearing, a number of factors are examined including but not limited to the use of force, weapons, alcohol or drugs, victim’s age, number of victims, assault or injury of the victim and relationship to the victim. The court will ultimately make a determination regarding the offender’s level of notification, commonly called the risk level. The risk level is based on the court’s assessment regarding whether a particular offender is likely to repeat the same or similar registerable offense and the danger the offender poses to the community.

Victor Knapp, Esq., has the legal experience in challenging the recommendations made by the District Attorney’s Office or N.Y.S Board of Examiners at a SORA hearing to ensure that the Court does not merely “rubber stamp” such recommended findings.

Thorough preparation and presentation is the key to persuading the sentencing court to assign a lower level than recommended or at least to preserve the record for any appellate review.

Contact Us Today if You Are Charged with a Sex Crime in New York.

Victor Knapp has been in private practice as a criminal defense lawyer since 1981, and has offices directly across the street from the Criminal Courthouse in Kew Gardens, New York. He has successfully represented thousands of persons, including high profile targets, accused or suspected of committing drug offenses throughout his legal career during the investigatory, arraignment, conference, Grand Jury, Pre-trial suppression, trial and post-conviction stages. He practices throughout the New York areas and he is available 24/7 for emergencies as well as for all state cases on Long Island, Brooklyn, Bronx, Manhattan and Westchester / upstate New York and for federal cases nationwide.

When you need a Sex Crimes Charges attorney or criminal defense lawyer, Victor Knapp is here to serve you. With offices conveniently located in Kew Gardens, the practice is uniquely situated to serve clients in Queens, Brooklyn, Long Island, and the five-borough area. To arrange for a private case evaluation, call (718) 263-9000 at any time or day or night. You can also contact us online.

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    The Law Offices Of Victor Knapp

    Mr. Victor Knapp is a Criminal Defense Lawyer in Kew Gardens neighborhood of Queens, New York.  Many say that he is the best Criminal Defense Lawyer in Queens and the surrounding neighborhoods of Jamaica, Forest Hills, Bayside, Woodside, Elmhurst, Jackson Heights, Queens Village, Bellerose, Fresh Meadows, Glendale, Richmond Hill, Ozone Park, Glen Oaks, Howard Beach, Middle Village, Ridgewood, Long Island City, as well as other communities in the counties of Brooklyn, Bronx, Manhattan, and Staten Island, including Nassau County, Suffolk County and on the East End (Hamptons) of Long Island.