Sexual Abuse

Sexual Abuse Attorney in New York

Don’t Wait to Defend Yourself Against Sexual Abuse Accusations—Call Our Sex Crimes Attorneys

Facing allegations of sexual abuse can be an immensely challenging and stressful experience. At Raiser, Kenniff & Lonstein, P.C., we understand the seriousness of these charges and their potential impact on your life. Our experienced team of attorneys, including former prosecutors, is dedicated to providing comprehensive legal defense in New York, ensuring your voice is heard and your rights are protected.

A dedicated sexual abuse lawyer in New York is ready to stand by your side. Call (888) 646-0025 today or contact us online to schedule your free legal consultation and start building your defense.

What is Sexual Abuse Under in New York Laws

New York Penal Law outlines various sex offenses classified as sexual abuse. These statutes primarily focus on non-consensual sexual contact, often involving factors such as age, physical helplessness, mental incapacity, or forcible compulsion. The severity of the charge hinges on numerous elements, including the nature of the alleged contact, the age of the alleged victim, and any aggravating circumstances.

A knowledgeable sexual abuse attorney in New York will routinely encounter and defend against charges stemming from the following key New York Penal Law sections:

Sexual Abuse in the Third Degree

This is a Class B misdemeanor, applying when a person subjects another to sexual contact without their consent. Consent is deemed lacking if the other person is incapable of consenting due to age, mental disability, mental incapacity, or physical helplessness.

Sexual Abuse in the Second Degree

A Class A misdemeanor, this charge arises when a person subjects another to sexual contact and the other person is less than 14 years old.

Sexual Abuse in the First Degree

This is a serious Class D felony. It applies when a person subjects another to sexual contact by:

Forcible compulsion; or
When the other person is physically helpless; or
When the other person is less than 11 years old.

Aggravated Sexual Abuse

These are extremely severe felony charges, ranging from Class D to Class B felonies. They involve inserting a finger or foreign object into a person's intimate parts under various circumstances, often causing physical injury, and can involve forcible compulsion or a victim incapable of consent. The degrees differentiate based on the level of injury and specific circumstances.

In New York City and the surrounding counties, these charges may be filed in local criminal courts such as Manhattan Criminal Court, Queens Criminal Court, or the district courts in Nassau and Suffolk County, depending on where the conduct is alleged to have occurred.

Each courthouse has its own procedures, calendars, and prosecutorial policies that can influence how a case is handled from arraignment through resolution. We pay close attention to which office is bringing the case and which judge is assigned so that we can tailor motions, negotiation strategies, and trial preparation to the realities of that particular venue.

Key Elements the Prosecution Must Prove

For the state to secure a conviction, they must prove every element of the specific degree charged beyond a reasonable doubt. In sexual abuse cases, the focus is often on:

The Specific Act: The prosecution must prove that "sexual contact" actually occurred. We often challenge whether the touching was accidental, incidental, or did not involve "intimate parts" as defined by case law.
Lack of Consent: This is the cornerstone of most Article 130 cases. The state must show the victim did not agree to the contact. In New York, consent is legally impossible if the person is under 17, mentally incapacitated by drugs/alcohol (even if self-administered), or physically helpless.
Intent for Gratification: The law requires the act to have been performed for the purpose of sexual desire. If the contact occurred during a medical exam or was part of a non-sexual physical altercation, the requisite intent may be missing.
Forcible Compulsion: In first-degree charges, the state must prove that physical force or a threat (express or implied) was used to compel the contact.

Our firm meticulously analyzes the prosecution's evidence—from witness statements to digital communications—to find where their narrative lacks the necessary legal proof.

What to Expect in a New York Sexual Abuse Case

Sexual abuse cases in New York can feel complex and intimidating, but most follow a predictable sequence of events. Understanding the general stages helps you know what may come next and how to prepare. While timelines and details vary by case and county, being informed allows you to work more effectively with your legal team and make sound decisions at each point.

Investigation: Law enforcement may conduct interviews, review electronic communications, and contact workplaces, schools, or other third parties.
Arrest and Arraignment: If charges are filed, you may be arrested and brought before a judge for arraignment, where bail and initial conditions are set.
Grand Jury (Felony Cases): Prosecutors may present the case to a grand jury to seek an indictment.
Pretrial Proceedings: The case may involve motions, evidence review, and plea negotiations.
Trial or Resolution: If no agreement is reached, the case proceeds to trial; otherwise, it may resolve through a negotiated disposition.
Ongoing Conditions: Throughout the case, the court may impose orders of protection or other conditions that must be followed until the case concludes.

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Why We're the Right Choice

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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.
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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.

Consequences of a Sexual Abuse Conviction in New York

A conviction for sexual abuse in New York carries consequences that fundamentally alter an individual's life. The penalties are designed to be punitive and far-reaching, emphasizing the state's serious stance on these crimes.

Imprisonment: Sexual abuse offenses in New York are predominantly felonies, leading to lengthy prison sentences. The duration of incarceration varies significantly based on the degree of the offense, the age of the alleged victim, the presence of aggravating factors (such as physical injury or prior convictions), and the specific sentencing guidelines.
Substantial Fines: Beyond imprisonment, significant financial penalties are typically imposed, often reaching tens of thousands of dollars, in addition to mandatory court surcharges and fees.
Employment and Career Barriers: A conviction of this nature is often a "career-killer." Most employers, especially in healthcare, education, or government, are prohibited from hiring individuals with sex offense records.
Housing Restrictions: Many landlords perform background checks and will deny housing to registered offenders, significantly limiting where you and your family can live.
The "Child Victims Act" and "Adult Survivors Act" Impact: In New York, civil litigation often follows criminal charges. Even if you avoid jail, you may face massive civil lawsuits for damages that can lead to total financial ruin.

Sex Offender Registration (SORA)

One of the most impactful and enduring consequences is mandatory registration as a sex offender under the New York Sex Offender Registration Act (SORA). This mandates inclusion on a public registry for a period ranging from 20 years to a lifetime, depending on the assigned risk level (Level 1, 2, or 3).

Sex offender registration severely restricts an individual's ability to live, work, and travel freely, creating profound social and professional hurdles. Navigating the complex SORA hearing process and challenging risk level assessments is a critical service provided by a knowledgeable New York sexual abuse lawyer.

The gravity of these penalties underscores the absolute necessity of retaining an aggressive and experienced sexual abuse attorney in New York immediately upon facing such allegations. Raiser, Kenniff & Lonstein is dedicated to working tirelessly on your behalf to minimize or eliminate these devastating consequences.

Contact Us for Aggresive Legal Defense Against Sexual Abuse Charges in New York

At Raiser, Kenniff & Lonstein, P.C., we’re committed to providing a supportive environment for clients facing sexual abuse charges in New York. By contacting us, you gain a dedicated team ready to fight for your rights and provide informed, strategic guidance through every step of your case.

Call us today at (888) 646-0025 or fill out this online form for a consultation; let us be the ally you need to navigate this challenging time.

Frequently Asked Questions

What Are the Penalties for Sexual Abuse in New York?

Penalties for sexual abuse in New York can be severe, ranging from imprisonment and fines to mandatory sex offender registration. The specific penalty depends on the severity of the offense and the circumstances surrounding the case. Our legal team is equipped to navigate these complexities and advocate for the best possible outcome on your behalf.

How Can a Lawyer Help With My Sexual Abuse Case?

A sexual abuse lawyer protects your rights by investigating the allegations, analyzing evidence, and building a defense strategy tailored to your situation. At Raiser, Kenniff & Lonstein, P.C., we draw on former prosecutor experience to identify weaknesses in the state’s case, challenge credibility issues, and negotiate when appropriate. We also guide you through practical decisions that can affect your case, both inside and outside the courtroom.

What Should I Do If I’m Accused of Sexual Abuse in New York?

If you are accused, do not make statements to law enforcement or others without legal counsel. Contacting an attorney as soon as possible allows you to protect your rights, preserve helpful evidence, and avoid missteps that could be used against you later. Early involvement is especially important in New York, where investigations may expand quickly and involve multiple agencies.

How Do Former Prosecutors Help My Defense?

Former prosecutors understand how district attorney’s offices evaluate evidence, decide charges, and approach plea negotiations. That insight helps us anticipate prosecution strategies, identify pressure points in the case, and present mitigation effectively. We use this experience to advise you on issues such as grand jury proceedings, pretrial motions, and whether negotiation or trial preparation is the better path.

What If the Allegation Is False or Exaggerated?

We regularly represent clients who maintain that the accusation is false or overstated. In those cases, we closely examine statements for inconsistencies, review digital and physical evidence, and look for motives or circumstances that may undermine the accusation. Careful preparation is critical, as these cases often turn on credibility.

Should I Talk to the Alleged Victim or Post About the Case?

No. Contacting the complaining witness or discussing the case on social media can seriously harm your defense and may violate court orders or bond conditions. We advise clients to limit discussions to their legal team and let us handle communications related to the case.

How Private Is My Case?

Your communications with your attorney are protected by attorney–client privilege. While court proceedings and filings are generally public in New York, we handle cases with discretion and can explain what information is likely to be public and what steps may help limit unnecessary exposure.

How Can I Contact Raiser, Kenniff & Lonstein, P.C. for Legal Assistance?

You can reach Raiser, Kenniff & Lonstein, P.C. by calling (888) 646-0025. Our team is available 24/7 to answer your questions and provide the legal support you need. We pride ourselves on offering prompt and direct access to knowledgeable counsel at every stage of your legal journey.

SCHEDULE A FREE CONSULTATION

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Our Strategic Approach to Sexual Abuse Defense

Effective defense in a sexual abuse case requires more than a single argument or theory. It involves a careful assessment of the facts, the applicable New York statutes, and the evidence the prosecution intends to rely on. We approach each matter with the understanding that the best strategy must be tailored to the specific allegations and to your goals, whether that means seeking dismissal, negotiating a reduced charge, or presenting your case to a jury.

Depending on the circumstances, potential defenses may include:

Challenging the credibility or reliability of witness testimony
Disputing whether the prosecution can prove lack of consent as defined under New York law
Questioning the accuracy and interpretation of digital or forensic evidence.
Presenting evidence that supports an alibi
Highlighting inconsistencies in prior statements
Showing that law enforcement conducted an incomplete or biased investigation.
Arguing improper interrogation, unlawful searches, or violations of your constitutional rights

Strategy also involves considering how information is presented, not just what is argued. We work with you to identify witnesses who can speak to your character, your relationships, or your routine, and with professionals who can explain complex issues such as memory, trauma, or communication patterns to a judge or jury. Throughout the process, we regularly reassess our approach as new information becomes available, making sure that every step we take is consistent with the overall plan for your case and with the realities of the New York courts where your charges are pending.

Why Choose Raiser, Kenniff & Lonstein

Choosing the right attorney is crucial in sexual abuse defense cases. At Raiser, Kenniff & Lonstein, we provide personalized legal services, taking on fewer clients to ensure careful attention and service.

Why Clients Choose Us:

24/7 Attorney Access: We offer direct, around-the-clock access to our attorneys, providing confidence and peace of mind.
Flexibility & Communication: Services available in English, Spanish, and Russian serve a diverse clientele and help ensure clear communication.
Strategic Advantage: Our attorneys bring a tactical edge, especially with backgrounds as former prosecutors, which strengthens our defense capabilities.

Our commitment extends beyond legal advice; we aim to provide support and reassurance during what is undoubtedly a difficult time. Additionally, our flexible payment plans reflect our dedication to accessibility, helping ensure that financial constraints do not stand in the way of high-quality legal representation.

Get the experienced guidance you need from a skilled sexual abuse lawyer in New York. Call (888) 646-0025 or message us online today to schedule your free consultation and protect your future.

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