New York Sexual Assault Lawyer — What Are Your Defense Options?
A sexual assault charge in New York County (Manhattan) is a Class B violent felony under NY Penal Law § 130.35, carrying a potential 5 to 25-year prison sentence. Law Offices Of SRIS, P.C. provides a strategic defense for those accused. Our New York Sexual Assault Lawyer understands the severe, lifelong consequences of a conviction, including mandatory SORA registration.
New York Sexual Assault Law and Penalties
In New York, sexual assault is prosecuted under Article 130 of the Penal Law. Rape in the first degree (NY Penal Law § 130.35) is the most serious charge, classified as a Class B violent felony. The law requires the prosecution to prove specific elements of sexual conduct and lack of consent beyond a reasonable doubt. The state’s “rape shield law” limits the admission of a victim’s prior sexual history, shaping defense strategy. A conviction triggers mandatory registration under the Sex Offender Registration Act (SORA), with tiers lasting 20 years to life.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Official Legal Resources
For the official text of the law, refer to NY Penal Law Article 130 (Sex Offenses) on the New York State Senate website. Court procedures and forms can be found at the New York County Supreme Court website.
Defense Strategy in Manhattan Courts
In New York County Supreme Court, all felony sexual assault cases proceed by grand jury indictment. The District Attorney’s Office pursues these charges aggressively. A key local procedural fact is the mandatory SORA risk level hearing, which occurs before sentencing and determines your public registration requirements. Our defense approach is built on challenging the prosecution’s evidence on consent, identification, and intent from the outset.
- Initial Arrest & Arraignment: You will be arraigned in Criminal Court. Bail arguments are crucial, as these are serious felonies.
- Grand Jury Presentation: The DA presents evidence to a grand jury to secure an indictment, moving the case to Supreme Court.
- Pre-Trial Motions: Your attorney files motions to suppress evidence, challenge identification procedures, or request a dismissal based on legal insufficiency.
- Plea Negotiations: The DA may offer a plea to a lesser charge. Your lawyer negotiates based on the strength of the evidence and potential trial risks.
- Trial Preparation: If no acceptable plea is reached, a full trial defense is prepared, including experienced witnesses like forensic specialists.
- SORA Hearing: If convicted, a separate hearing is held to determine your sex offender risk level and registration duration.
Potential Penalties for Sexual Assault in New York
In New York County (Manhattan), a first-degree rape conviction is a Class B violent felony with a mandatory prison sentence of 5 to 25 years, plus post-release supervision and lifetime sex offender registration.
| Offense (NY Penal Law) | Classification | Incarceration | Fine | Registration | Other Consequences |
|---|---|---|---|---|---|
| Rape 1st Degree (§ 130.35) | Class B Violent Felony | 5-25 years | Up to $5,000 | Mandatory (Tier 3) | Post-release supervision, SVP commitment possible |
| Predatory Sexual Assault | Class A-II Felony | 10-25 years to Life | Up to $5,000 | Mandatory (Tier 3) | Post-release supervision, SVP commitment likely |
| Sexual Abuse 1st Degree (§ 130.65) | Class D Violent Felony | Up to 7 years | Up to $5,000 | Mandatory (Tier 2 or 3) | Post-release supervision |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in Sex Crimes Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to every case. We understand that a sexual assault accusation threatens your freedom, reputation, and future. Our approach is direct and focused on the specific facts and legal issues of your case. We work to protect your rights from the initial investigation through trial or resolution.
Case Results and Client Advocacy
Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. While results in any individual case depend on unique facts, our systematic approach focuses on challenging the prosecution’s evidence. We investigate allegations thoroughly, consult with relevant experts, and develop a defense strategy case-specific to the specific charges and the practices of the New York County District Attorney’s Office.
Results may vary. Prior results do not aim for a similar outcome.
New York Sexual Assault Law Firm Serving Manhattan
Our New York location serves clients at courts throughout New York County (Manhattan). We are accessible via all subway lines, the FDR Drive, and the West Side Highway. We represent individuals across Manhattan’s neighborhoods, including Midtown, Lower Manhattan, the Upper East and West Sides, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, the East Village, the Financial District, Chinatown, Washington Heights, and Inwood.
24/7 Phone Consultations — (888) 437-7747 | Local: (838)-292-0003 — Meetings By Appointment Only
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
By appointment only.
Frequently Asked Questions
What should I do if I am accused of sexual assault in New York?
Do not speak to law enforcement without an attorney. Invoke your right to remain silent and request a lawyer immediately. Contact a New York Sexual Assault Lawyer to protect your rights from the very beginning of the investigation or arrest.
Is there a statute of limitations for sexual assault in New York?
It depends on the specific charge. For first-degree rape, there is no statute of limitations. For other sexual offenses, the time limit varies. A New York Sexual Assault Attorney can analyze the allegations against you to determine if the prosecution is barred by time.
What is SORA registration?
SORA is the Sex Offender Registration Act. A conviction for a registerable offense requires you to register with the state for 20 years to life, provide personal information to law enforcement, and restricts where you can live and work.
Can the charges be reduced or dismissed?
Yes. Charges can be reduced through plea negotiations or dismissed by the court if the evidence is insufficient, if your rights were violated, or if the grand jury proceeding was defective. An experienced defense lawyer will aggressively seek the best possible resolution.
What is the role of a grand jury in a sexual assault case?
In New York, a felony sexual assault case must be presented to a grand jury. The prosecutor presents evidence, and the grand jury decides whether there is probable cause to indict you. You have the right to testify before the grand jury, but this is a strategic decision that requires careful legal advice.
Related Information: For more on criminal defense in New York, see our pages on New York Sex Crime Defense, Albany County Sex Crime Lawyer, and New York County DUI Lawyer.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance regarding sexual assault charges.