Criminal Sexual Act Lawyer New York City NY | SRIS, P.C.
Criminal Sexual Act Lawyer New York City NY — What Are Your Defense Options?
A Criminal Sexual Act charge under New York Penal Law § 130.45 is a serious felony with mandatory prison time and lifetime sex offender registration. If you are facing this charge in New York City, you need a defense strategy that starts immediately. Law Offices Of SRIS, P.C. has extensive experience defending against these complex allegations in NYC courts.
What Is a Criminal Sexual Act in New York?
In New York, a Criminal Sexual Act is defined under Penal Law Article 130. Specifically, a person is guilty of Criminal Sexual Act in the first degree when they engage in oral or anal sexual conduct with another person by forcible compulsion, or when the other person is incapable of consent. This is a Class B felony.
Last verified: April 2026 | New York City Criminal Court | New York State Legislature
Official New York Law and Court Resources
Understanding the specific law and the court process is critical. The charge is defined in the New York Penal Law § 130.45 (official New York State Senate). Proceedings for these felonies begin in the New York City Criminal Court for arraignment. For more on court procedures, visit the New York City Criminal Court website.
The NYC Court Process for a Criminal Sexual Act Charge
The process in New York City is complex and moves quickly after an arrest. An early and aggressive defense is essential to protect your rights and challenge the prosecution’s case before it solidifies.
- Arraignment: You will be brought before a judge in Criminal Court within 24 hours of arrest. The charges are read, bail is set, and your attorney can argue for release.
- Grand Jury: The prosecution presents evidence to a grand jury to secure an indictment, elevating the case to Supreme Court.
- Pre-Trial Motions: Your attorney files motions to suppress evidence, dismiss charges, or challenge procedural errors.
- Plea Negotiations: Most cases are resolved through negotiation. Your lawyer works to reduce charges or secure a favorable plea agreement.
- Trial: If no agreement is reached, the case proceeds to a jury trial in New York State Supreme Court.
- Sentencing & SORA: If convicted, you face mandatory prison and must register as a sex offender under the Sex Offender Registration Act (SORA).
Penalties for a Criminal Sexual Act Conviction in New York City
In New York City, a Criminal Sexual Act in the first degree is a Class B violent felony carrying a mandatory prison sentence of 5 to 25 years and post-release supervision.
| Offense | Classification | Incarceration | Fine | Registration | Other Consequences |
|---|---|---|---|---|---|
| Criminal Sexual Act 1st Degree | Class B Violent Felony | 5 to 25 years (mandatory) | Up to $5,000 | Lifetime Sex Offender (SORA) | Loss of professional licenses, firearm rights, housing restrictions. |
| Criminal Sexual Act 2nd Degree | Class D Violent Felony | Up to 7 years | Up to $5,000 | Lifetime Sex Offender (SORA) | Same as above, with potential parole supervision. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience Defending NYC Sex Crime Cases
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We understand the high stakes of a Criminal Sexual Act charge and build defenses focused on challenging the evidence, witness credibility, and the legality of the investigation from the outset.
Case Results for Sex Crime Defense
Our approach is designed to achieve the best possible result. While every case is unique, our strategies often focus on getting charges reduced or dismissed before trial.
Results may vary. Prior results do not aim for a similar outcome.
Local Defense for New York City Residents
If you are searching for a “Criminal Sexual Act attorney near me” in New York City, our firm is positioned to provide immediate assistance. We offer 24/7 phone consultations and meetings by appointment only to discuss your case confidentially.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
We provide strong defense for clients across New York City’s boroughs. Facing these charges is overwhelming, but you do not have to face them alone. A skilled Criminal Sexual Act Law Firm New York City NY can make a critical difference.
Frequently Asked Questions (Criminal Sexual Act Charges)
What is the difference between rape and a Criminal Sexual Act in NY?
Yes, there is a legal difference. In New York, rape involves sexual intercourse, while a Criminal Sexual Act involves oral or anal sexual conduct. Both are serious felonies with similar severe penalties if committed by forcible compulsion or with a person incapable of consent.
Can a Criminal Sexual Act charge be reduced to a misdemeanor?
It depends on the evidence and circumstances. While these are felonies, a skilled Criminal Sexual Act Attorney New York City NY may negotiate a reduction to a lesser charge, such as sexual misconduct (a misdemeanor), in some cases. This often requires challenging the prosecution’s evidence early and effectively.
What does “forcible compulsion” mean in this law?
Forcible compulsion means to compel another person to submit by the use of physical force, a threat of immediate death or physical injury, or any other act that causes a reasonable fear of such harm. The definition is broad and often a central point of contention in a defense.
Is lifetime sex offender registration mandatory for a conviction?
Yes. A conviction for Criminal Sexual Act in the first or second degree in New York requires mandatory registration under the Sex Offender Registration Act (SORA). The court will assign a risk level (1, 2, or 3) which determines public notification and reporting requirements for life.
Should I speak to the police if I am under investigation?
No. You have the right to remain silent and the right to an attorney. You should politely decline to answer any questions and immediately request to speak with a lawyer. Anything you say can be used against you, even if you believe you are explaining your innocence.