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.