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Sexual Offenses

It is of the utmost importance to hire an experienced and aggressive attorney if you even think you may be charged with a sexual crime.

In many instances, with the right strategy and preparation it is possible to prevent an arrest and the publicity that comes along with that. In some instances it is possible to prevent you from ever being charged.   

The mere accusation of a sexual crime is devastating and can have life-long effects, including loss of employment, alienation from friends and family, and being “convicted” by the public before the facts are even fully known. Even worse, being charged with a sexual offense can expose you to lengthy prison sentences, decades of supervision, and lifetime sex-offender registration. The sex offender database includes information regarding your name, age, weight, height, eye color, skin color and distinguishing marks like tattoos and scars. Your photo may appear next to your address and your conviction. Failure to register could mean additional charges are placed against you and you could be forced to serve jail or prison time.To learn more about the severe effects of sex offender registration, visit: http://www.criminaljustice.ny.gov/nsor/

Some common sexual charges we defend:

Child Pornography

From possession of child pornography to the actual production of child porn, you are at risk for a very aggressive prosecution because the offense is both a state and federal crime. The federal government will often take cases involving high-profile defendants, cases with numerous images or defendants with prior convictions, but they can legally take any child pornography case and impose sentences of up to 20 years.  These cases are generally divided into two categories:

Possession: This is defined as the possession of images of a minor younger than 16 who is either engaging in sexual activity or what is defined as lewd exhibition. There are many different types of materials that fall under this law, including photographs, books, and movies.

Promoting: The second law deals with the promotion of illegal material, either by transmitting it online, selling it, offering it, trading it, or otherwise making it available. Most commonly, this promotion is done through email, the use of online bulletin boards, and other online venues.

Defending these types of cases takes experience, creativity and the technical expertise to break apart the prosecution's investigation. Many of these cases involve peer-to-peer file sharing networks where material can be mistakenly downloaded or be embedded within other files being downloaded and can be later traced to an IP address, an address and sometimes a specific computer and individual. 

At Nobles & DeCarolis, we know how law enforcement develops and prosecutes the cases and where the flaws and weak links can hide, such as a faulty search warrant application, open internet connections, failing to put the defendant at the keyboard and other cracks that can break open a case.  

Child Molestation

Child molestation cases carry with them all of the same consequences and stigmas as the child pornography cases mentioned above. One of the key skills needed in these types of cases is the ability to effectively expose holes in the prosecution's case and leverage those holes for a reduction of the charges or possibly a dismissal. When that is not possible, you need an attorney who can effectively cross-examine a child witness, which is very specialized skill that requires delicacy as well as fast thinking on your feet.  Both Mr. Nobles and Mr. Decarolis have experience handling these types of cross-examinations.  

Rape

Rape encompasses a variety of acts: stranger rape, date rape,consensual sex with someone under 17, or consensual sex with someone who is mentally impaired (with permanent mental defects or impaired by drugs or alcohol). Rape cases are factually and scientifically complex and require very astute counsel. All rape charges are felonies. At Nobles & DeCarolis, we have successfully handled numerous rape cases resulting in dismissals in the grand jury, acquittals at trial and reductions to non-sex offense charges which all prevent the requirement of sex offender registration.  

If you think you may be charged with any type of sexual crime, it is in your best interest to contact Nobles & DeCarolis as quickly as possible. 

Call us at (585) 546-1260 for a free confidential consultation.