Sexual Assault

New York Sexual Assault Defense Lawyer

Former Prosecutors Defending the Full Range of Article 130 Sex Offense Charges

“Sexual assault” is not a single charge in New York. It’s a colloquial term covering several distinct offenses defined under Penal Law Article 130, including rape, sexual abuse, aggravated sexual abuse, forcible touching, and predatory sexual assault. The specific charge filed against you determines the penalties you face, the elements the prosecution must prove, and the defense strategies that apply. Getting that distinction right from the start is essential.

Our attorneys at Raiser, Kenniff & Lonstein include former prosecutors with more than 100 years of combined experience in New York state and federal criminal defense. That background gives us direct insight into how district attorney offices evaluate evidence, build Article 130 cases, and approach plea negotiations. We take on a limited number of clients so every case gets the attention it requires, with direct attorney access available 24/7. We serve clients in English, Spanish, and Russian, offer flexible payment options, and provide defense services for military personnel and veteran clients facing criminal charges.

If you or someone you know is facing a sexual assault-related accusation in New York, contact us today at (888) 646-0025 to schedule a complimentary consultation.

New York Sex Offense Charges Explained

Because “sexual assault” maps to multiple statutes, knowing exactly what you’re charged with matters from the moment an accusation is made. Here is how the key offenses are structured under New York law.

Rape

Rape is charged in three degrees under Penal Law. Third-degree rape is a Class E felony carrying up to four years in prison. Second degree is a mid-level felony with greater exposure. First-degree rape is a Class B felony carrying up to 25 years. Under the Rape Is Rape Act, New York folded the formerly separate charge of “criminal sexual act” into a broader, gender-neutral definition of rape, expanding the conduct covered by these sections.

Sexual Abuse

Sexual abuse spans three degrees. Third-degree sexual abuse is a Class B misdemeanor (up to 90 days). Second degree is a Class A misdemeanor (up to one year) and can trigger registration requirements. First-degree sexual abuse is a Class D felony carrying up to seven years and involves forcible compulsion, physical helplessness, or a victim under a specified age.

Aggravated Sexual Abuse

Aggravated sexual abuse under applies when the conduct involves additional aggravating factors beyond the base sexual abuse charges, and penalties are correspondingly more severe.

Forcible Touching

Forcible touching involves forcibly touching another person’s intimate parts for the purpose of degradation, abuse, or sexual gratification, or for no legitimate purpose. It is typically charged as a misdemeanor and can carry registration consequences.

Predatory Sexual Assault

Predatory sexual assault under Penal Law §130.95 is a Class A-II felony with a maximum sentence of life in prison. It applies when first-degree rape, first-degree aggravated sexual abuse, or first-degree course of sexual conduct against a child is combined with aggravating factors such as serious physical injury, use of a dangerous instrument, multiple victims, or a prior sex-offense conviction.

Lack of consent is an element of every Article 130 offense. It can arise from forcible compulsion or from incapacity to consent, including being under 17 years old, having a mental disability, being mentally incapacitated, or being physically helpless.

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

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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.

How We Defend Sexual Assault Allegations in New York

No two Article 130 cases are the same, and the defense must be built around the specific charge and the specific facts. Our approach draws on our attorneys’ experience inside prosecutors’ offices, where they learned how these cases are assembled and where they tend to break down.

Challenging Consent

Consent is central to most sexual assault allegations. We present evidence of relationship dynamics, prior communications, and the accuser’s own conduct to challenge claims of force, threat, or incapacitation. The prosecution bears the burden of proving lack of consent beyond a reasonable doubt, and we hold them to that standard.

Investigating Accuser Credibility & Motive

False or exaggerated allegations do occur. We investigate the accuser’s credibility, examine potential motives such as revenge or jealousy, identify mental health factors that may affect reliability, and surface inconsistencies between statements made to police, prosecutors, and other parties.

Testing the Legal Definition of the Charged Offense

Every statute requires proof of specific conduct. Whether legally defined “sexual contact” or “sexual intercourse” actually occurred under the statutory definitions is a question of fact and law. We scrutinize whether the alleged conduct meets the precise elements of the charge filed, not just a general characterization of it.

Consequences Beyond Prison: SORA Registration & Civil Liability

A conviction for most Article 130 offenses carries consequences that extend well past any prison term. Two in particular demand attention from the earliest stage of a case.

Sex Offender Registration Act (SORA)

New York’s Sex Offender Registration Act (Correction Law §168) requires mandatory registration following conviction of most sex offenses. A separate court hearing determines the assigned risk level: Level 1 registration lasts a minimum of 20 years; Level 2 and Level 3 registration can extend for life. Registered individuals can face restrictions on where they can live, work, and travel, and their information can appear in a publicly accessible registry.

Civil Lawsuits Under the Child Victims Act & Adult Survivors Act

New York’s Child Victims Act and Adult Survivors Act opened extended windows for civil litigation tied to sexual offense allegations. A person can face a civil lawsuit for damages even when the criminal case doesn’t result in a conviction. Criminal and civil exposure are independent, and both must be weighed when evaluating the full risk of any allegation.

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What to Do After a Sexual Assault Accusation in New York

Sex offense investigations in New York can expand quickly and draw in multiple agencies. The steps taken in the first hours and days after an accusation often shape how the case develops. Don’t make statements to law enforcement or to other parties without an attorney present. Anything said before counsel is involved can be used against you and can’t be taken back.

Contacting an attorney immediately can help preserve evidence that supports your defense, prevent procedural missteps, and help protect your rights from the earliest stage of the investigation. Early involvement isn’t a sign of guilt. It’s a practical way to protect yourself.

Raiser, Kenniff & Lonstein offers a complimentary initial consultation for those facing sexual assault-related charges in New York. Call us at (888) 646-0025 to speak with an attorney about your situation.

Related Sex Crime Defense Pages

Because “sexual assault” covers a range of charges, your situation may fall under a more specific statute. We maintain dedicated defense pages for related Article 130 offenses, including rape, sexual abuse, statutory rape, continuous sexual abuse of a child, and sexual exploitation. If you know the specific charge you’re facing, those pages address the elements, penalties, and defense strategies particular to each offense.

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