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Written By: Robert King, Esq.
Legal Review By: Greg Colavecchia, Esq.
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Sexual Misconduct Defense Attorney in Rochester

Facing Charges? Let King Law Handle Your Sexual Misconduct Defense

Legal Definition: Under New York Penal Law §130.20, it is illegal to engage in sexual conduct with another person without their consent. This offense, known as sexual misconduct, prohibits a wide range of unwanted sexual actions such as forcible compulsion of intercourse, forced oral sex, sexual contact with someone who is incapable of consent, or sexual conduct with an animal or dead human body.

If you have been accused of sexual misconduct, it is imperative you retain the services of a skilled Rochester criminal defense lawyer from King Law as soon as possible to protect your rights and freedom.

Why Work With Attorney King?

Inclusion on The National Trial Lawyers: Top 100

Excellent Avvo Rating for Criminal Defense

Positive client testimonials History of case victories
Contact the firm online or call (585) 270-8882 today to discuss your charges.

How Can I Defend Against Sexual Misconduct Charges?

At King Law, we know how important it is to have the best defense you can for fighting sexual misconduct charges. The following are some potential defenses that may be applicable to your case depending upon the particular facts and circumstances.

Alleged Victim Consent to the Sexual Act

One of the most common defense strategies involves showing that the alleged victim consented to the sexual intercourse or other sexual act that the sexual misconduct charges are based on. Assuming that the alleged victim was not a minor at the time of the sexual act, and that the alleged victim had the capacity to consent to the sexual act, our firm can work to develop a strategy for showing that there was consent and that you should not be convicted of the charges you are facing. It will be up to the prosecution to prove that there was not consent. As such, focusing upon the specific evidence the prosecution plans to use to suggest a lack of consent, we can tailor defense strategy based on consent to the facts of your case.

You Have Been Wrongfully Accused

In some cases, people wrongly face sexual misconduct charges when they were not anywhere near the alleged victim at the time of the incident. It will be important to work with a Rochester defense lawyer to prove that you have been wrongly accused since this defense strategy will need to rely on the specific facts of the case.

Depending upon the types of evidence presented, it may be possible to show that you have an alibi for the date and time of the alleged sexual misconduct. Or, even if you do not have a definitive alibi, the prosecution might have DNA evidence to support the charges and we may be able to argue that the DNA sample was contaminated or mishandled when it was tested.

Penalties for Sexual Misconduct in NY

As previously stated, a person can face sexual misconduct charges under New York law for several different types of sex-related offenses, including engaging in sexual intercourse with another person without such person’s consent. If you are facing sexual misconduct charges, not only can you face the penalties of a Class A misdemeanor if you are convicted, but you will also be required to register as a sex offender. In many sexual misconduct cases, charges will also include more serious felony offenses such as rape, felony sexual assault, or child molestation.

A conviction of sexual misconduct can carry the following penalties:

Up to one year in jail

Fines up to $1,000

Three years’ probation

Sex offender registration

To make matters worse, the negative social stigma of being charged with sexual misconduct can greatly limit your employment options and ability to find suitable housing in the future. Since sex crimes are generally prosecuted with extreme tenacity, it is vital you consult with a trusted legal professional as soon as possible to begin building your defense.

Schedule a Free Consultation with King Law

If you are facing charges of sexual misconduct, you cannot afford to leave your freedom in the hands of a less-qualified attorney. With nearly a decade’s worth of legal experience and hundreds of trials handled, a Rochester criminal defense lawyer from King Law can provide the powerful advocacy you need to maximize your chances of securing a favorable outcome for your situation. We truly believe you are innocent until proven guilty, and we are committed to treating you with the dignity and respect you deserve during this difficult time.

Additionally, you should never attempt to defend yourself when you are facing serious criminal charges that could result in a criminal record, jail time, and registration on the sex offender registry. While it can be complicated to defend against sexual misconduct charges, our experienced Rochester criminal defense lawyers can assist you in developing a defense strategy that is tailored to the facts of your case.

Fill out an online form today to get started towards retaining a strong defense.