Forcible Touching

New York Forcible Touching Defense Lawyer

Former NY Prosecutors Defending Forcible Touching Charges

Forcible touching is a distinct criminal charge under New York Penal Law, not a lesser version of a rape or sexual abuse allegation. It carries its own statutory elements, its own penalties, and its own path through the criminal justice system. A charge under PL 130.52 can produce an arrest, arraignment, and an order of protection within hours of an accusation.

Raiser, Kenniff & Lonstein represents individuals facing forcible touching allegations in New York State courts. Our founding partners are former New York prosecutors who understand how these charges are built from the first complaint through any potential plea negotiation, and that knowledge shapes how we defend them.

If you or someone you know has been charged with or accused of forcible touching in New York, contact us immediately at (888) 646-0025 to speak with an attorney.

What New York Law Defines as Forcible Touching

New York Penal Law establishes two ways a person can be charged with forcible touching. Both require proof of intentional contact made without legitimate purpose and without the other person’s consent. The statute specifies that covered conduct includes squeezing, grabbing, or pinching of another person’s sexual or other intimate parts.

The two subdivisions of PL 130.52:

Subdivision 1: Intentionally and for no legitimate purpose forcibly touching another person’s sexual or other intimate parts to degrade or abuse that person, or for sexual gratification
Subdivision 2: The same intent standard applied to sexual contact with a passenger aboard a bus, train, or subway car operated within New York, a provision added in 2015 specifically to address transit-related offenses

Penalties & Collateral Consequences of a Conviction

Forcible touching is classified as a Class A misdemeanor under New York law, carrying a maximum jail sentence of 364 days. A conviction can also result in probation, fines, and a permanent criminal record that follows you well beyond the courtroom.

Depending on factors such as the alleged victim’s age or a prior record, a conviction may trigger registration requirements under New York’s Sex Offender Registration Act (SORA). Whether SORA applies turns on the specific facts of the case, not on the misdemeanor classification alone. Beyond incarceration, a sex offense conviction can affect employment, professional licensing, housing, and immigration status.

Continue Reading Read Less

Why We're the Right Choice

Attentive Service. Strategic Defense.

Raiser, Kenniff & Lonstein is here to help you get the results you need with a team you can trust.

Personalized Legal Strategy
We don’t believe in one-size-fits-all solutions. Every case is handled with a custom legal approach tailored to your goals, your circumstances, and your future.
Risk-Free Consultation

We offer a risk-free evaluation of your case and are here to help you understand your legal options. We are available 24/7, day or night, to help you.
Top-Rated Team

Nationally recognized for results. Our attorneys have been ranked among the best in the U.S., Trusted for their strategy, skill, and relentless client advocacy
Former Prosecutors
Our founding partners are both former New York prosecutors who bring unique experience and insights to every case, especially when it comes to going to trial.

Why Clients Choose Raiser, Kenniff & Lonstein for Sex Offense Defense

Our founding partners both served as New York prosecutors before entering private defense practice. That background means we know how district attorneys evaluate forcible touching cases, what evidence they prioritize, and where cases are most vulnerable to challenge. We apply that perspective from the moment we take on a new matter.

Limited Caseload Model
We take on a limited number of clients so that each case gets the attention it requires. You’ll have direct access to your attorney around the clock, not just during business hours.

Multilingual Service & Flexible Payment
We serve clients in English, Spanish, and Russian, and we offer flexible payment options to ensure sound legal representation is accessible.

Our offices are located in Manhattan, Mineola, and Suffolk, and we represent clients facing charges throughout New York State.

Forcible Touching vs. Felony Sex Offenses in New York

Rape charges under Article 130 of the New York Penal Law are felonies, and sexual abuse charges range from misdemeanors to felonies depending on the degree. Forcible touching is a Class A misdemeanor. That distinction affects sentencing exposure, plea dynamics, and trial strategy, but it doesn’t make the charge minor. The proof standard differs as well: to obtain a conviction, prosecutors must show the touching occurred without consent. They don’t need to prove physical force, threats, or that the alleged victim lacked capacity to consent.

Forcible touching charges are frequently brought alongside Sexual Abuse in the Third Degree, another misdemeanor sex offense under Article 130 involving non-consensual sexual contact. Facing both charges at once increases pressure to accept a plea, which is one reason early legal representation matters.

Defense Theories in Forcible Touching Cases

Every defense begins with the specific facts, but several theories arise regularly in these matters.

Intent
The New York Criminal Jury Instructions define intent as a conscious objective or purpose. Accidental contact, even in a crowded setting, doesn’t satisfy this standard. Establishing that the touching was unintentional can undercut the charge at its foundation.

Consent
If the contact was consensual, the prosecution can’t establish a required element of the offense. Evidence of a prior relationship, prior communications, or the circumstances of the encounter can bear directly on this question.

Mistaken Identity
Cases involving buses, subway cars, or other crowded public spaces raise genuine questions about whether the right person was identified. Witnesses, surveillance footage, and the conditions at the scene all affect how reliable an identification is.

Evidentiary Weaknesses
Surveillance footage, electronic communications, and witness statements are common sources of evidence in these cases. That same evidence can reveal inconsistencies or gaps in the prosecution’s account.

Continue Reading Read Less

a Reputation For excellence

Read Our Client Testimonials

They treated me wonderfully and helped me out of a bind. I feel that this firm really cares.

- Michelle A.

View All

How We Approach a Forcible Touching Defense

We begin by reviewing the specific evidence, statements, and circumstances of each case before recommending any strategy. Early in a representation, that often means securing surveillance footage, preserving relevant communications, and identifying witnesses before evidence becomes unavailable.

From there, the approach depends on what the record shows. In some misdemeanor sex offense matters, plea negotiations are worth evaluating carefully alongside trial options. We don’t apply a single template. The facts of your case determine the path.

Speak with a New York Defense Attorney Today

A forcible touching charge in New York moves quickly. The decisions made in the first days after an arrest can shape how the case develops. We offer free consultations and flexible payment options so that getting sound legal advice doesn’t have to wait.

Call Raiser, Kenniff & Lonstein at (888) 646-0025 to schedule your free consultation with a New York criminal defense attorney.

Continue Reading Read Less

Ready To Fight For You

Contact Us

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Raiser, Kenniff & Lonstein at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy