SEXUAL CRIMINAL DEFENSECharged with a Sex Crime Queens, NY

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.

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

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.