ROCHESTER Sexual Assault Attorney

Protecting Your Rights Against Sexual Assault Charges in Monroe County

DON'T WAIT! It is of the utmost importance to hire an experienced and aggressive attorney if you even think you might 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. It is also possible to even prevent you from ever being charged.

At Nobles & DeCarolis, our sexual assault lawyers in Rochester are experienced in handling these cases and are ready to provide a strong legal defense to ensure that your rights are protected.

Have you been accused of sexual assault in New York? Call Nobles & DeCarolis today at (585) 639-3111 or contact us online to schedule a free consultation with our Rochester sexual assault lawyers.

Understanding the Consequences of Sexual Assault Allegations

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. 

What You Need to Know About the Sex Offender Registry

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 lead to additional charges 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/ 

Types of Sexual Assault Charges in New York

In New York, sexual assault charges can vary depending on the severity of the offense. Here are the different categories:

• First-Degree Sexual Assault
  This is the most serious charge, involving sexual assault that causes serious physical injury or involves a weapon, threats, or force. It is classified as a Class B violent felony, carrying severe penalties.
• Second-Degree Sexual Assault
  This charge involves sexual contact without consent, but it does not include aggravating factors like serious injury or weapons. It is a Class D felony, punishable by prison time.
• Third-Degree Sexual Assault
  This charge involves sexual assault without consent, but without aggravating circumstances like injury or threats. It is a Class E felony, which can result in probation or a shorter prison sentence.
• Aggravated Sexual Assault
  This includes more severe forms of sexual assault, such as assault involving multiple victims, particularly violent acts, or instances where the victim is unable to resist due to incapacitation (e.g., drugs or alcohol). Penalties are harsher for aggravated offenses.
• Statutory Rape and Consent Laws
  Statutory rape charges apply when an adult engages in sexual activity with a minor under the age of consent (typically 17 in New York). Even if both parties agree, the law considers the minor unable to give legal consent, making the act illegal.

Sexual Assault Defense Strategies

Defending against sexual assault charges requires a tailored strategy. Common defenses include:

• False Accusations or Mistaken Identity
  This defense argues that the accused was not involved in the crime, either due to misidentification or malicious intent by the accuser.
• Consent
  Demonstrating that the alleged victim consented to the sexual act can be a strong defense, although consent laws can be complex, and the burden of proof rests with the defense.
• Alibi
  If the defendant can prove they were somewhere else at the time of the assault, this can be a key piece of evidence supporting innocence.
• Lack of Physical Evidence
  Without physical evidence like DNA or injuries, it may be difficult for the prosecution to build a strong case.
• Character Witnesses or Expert Testimony
  Expert witnesses or character witnesses may help establish the defendant’s credibility, suggesting the possibility of a false accusation or offering insight into the case.

The Role of Law Enforcement in Sexual Assault Cases

Law enforcement plays a critical role in handling sexual assault cases:

• Investigations and Evidence Gathering
  Police gather evidence through interviews, forensics, and medical examinations to build a case for prosecution. They also conduct investigations to verify the victim’s account and check for inconsistencies.
• Cooperating with Your Defense Attorney
  It is vital to work closely with your defense attorney during police questioning to ensure your rights are protected. Avoid speaking without legal counsel to prevent making self-incriminating statements.
• Media Coverage
  The media’s portrayal of sexual assault cases can influence public opinion, which may impact the case. A skilled defense attorney can help mitigate this by controlling the narrative and advising on public statements.

Know Your Legal Rights in Sexual Assault Cases

Being accused of sexual assault can have serious consequences, both legally and personally. It is crucial to understand your legal rights and options when facing such allegations. Our experienced Rochester sexual assault attorneys at Nobles & DeCarolis are here to provide you with the guidance and support you need during this challenging time.

Some important aspects to consider in sexual assault cases include:

• Presumption of innocence until proven guilty
• Right to legal representation and defense
• Possible consequences of a conviction
• Potential defenses and strategies to fight the charges
• Options for plea bargaining or negotiation

Don't navigate the complexities of a sexual assault case alone. Contact our dedicated legal team today to schedule a consultation and discuss your case in confidence.

Frequently Asked Questions (FAQ) About Sexual Assault Charges

• Can I be arrested for sexual assault if the victim did not report the crime immediately?
  Yes, you can still be arrested for sexual assault even if the victim did not report the crime right away. Delays in reporting do not automatically negate the charges. However, a defense attorney may challenge the timing of the report to raise doubts about the credibility of the accusation.
• What happens if I am falsely accused of sexual assault?
  If you are falsely accused, it is crucial to hire an experienced attorney to help build your defense. False accusations can severely damage your reputation and life, so it’s essential to present evidence that disproves the claim, such as an alibi, contradictory statements, or lack of physical evidence.
• How long can a sexual assault case take to resolve?
  The timeline for resolving a sexual assault case varies. It can take several months to years depending on whether the case goes to trial or results in a plea agreement. Factors like the complexity of the case, available evidence, and whether the case is contested can all affect the timeline.
• What is the statute of limitations for sexual assault charges in New York?
  For sexual assault cases involving an adult victim, the statute of limitations is typically five years from the date of the incident. However, in cases where the victim is a minor, the statute of limitations may extend to several years after the victim turns 18, depending on the nature of the crime.
• Can a sexual assault charge be reduced to a lesser offense?
  Yes, in some cases, a sexual assault charge can be reduced to a lesser offense through plea bargaining. This depends on the specifics of the case, the evidence available, and the prosecution’s willingness to negotiate. Having a skilled attorney is essential to securing the best possible outcome.
• What is the difference between sexual assault and harassment?
  Sexual assault refers to unwanted physical contact or sexual activity without consent, while sexual harassment involves unwanted sexual advances, comments, or behavior that create a hostile environment. Both are serious offenses, but sexual assault typically involves physical acts, whereas harassment can be verbal or non-physical.
• Can I be convicted of sexual assault if there is no physical evidence?
  Yes, it is possible to be convicted of sexual assault without physical evidence. The prosecution may rely on testimony, witness statements, or circumstantial evidence. However, the lack of physical evidence can also weaken the prosecution's case, making it important for the defense to challenge the evidence presented.

Get Legal Help from Our Rochester Sexual Assault Lawyers

If you have been charged, or even just think you might be charged, with a sexual crime, it is absolutely critical that you hire a criminal defense attorney who is experienced in these cases and has a proven track record defending them. The Rochester sexual assault attorneys at Nobles & DeCarolis have extensive experience defending sexual crimes and have even prevented some clients from ever being charged. We work with our own team of trusted experts to leave no stone unturned in preparing the best defense possible for our clients.

Accused of a sexual crime? Don’t wait – contact us now at (585) 639-3111 and protect your rights with experienced legal defense.