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NYC Aggravated Sexual Abuse Lawyers

March 21, 2024 Uncategorized

In New York State, aggravated sexual abuse in the first degree is one of the most heinous acts an individual can perpetrate against another. As such, it’s classified as a class B felony and carries stiff prison terms. Due to the serious nature of the acts involved, a conviction can carry prison terms of up to 25 years. Additionally, you will be required to register as a convicted sex offender upon your release from prison, which may affect where you can live and what types of jobs you may hold. A conviction for this crime may also affect your relationships with family members and friends.

The Elements of Aggravated Sexual Abuse in the First Degree
There are a few factors which must be met to justify the charge of aggravated sexual abuse. The act itself involves using a foreign object to penetrate the bodily orifices of the victim. The orifices described under the penal law are those of the vagina, penis, urethra, anus, or rectum. Additionally, the foreign object, which remains undefined by the law, must be inserted by force. In past cases, a bottle has been shoved into the rectum of a victim (People v. Morrow, ___ A.D.3d ___ [2003])and a stick has been forcefully inserted into the vagina of another victim (People v. Lackey, 36 A.D.3d 953 [2007]).

While the exact nature of a foreign object isn’t defined by the law, the penal code does define what is meant by force. This is because force can be implied through a variety of means. The most commonly understood definition of force is physical compulsion, which involves forcibly inserting the object into the orifice of a victim. The victim did not consent and may be resisting the assault, causing the attacker to use violence or physical strength to commit the act.

Additionally, if the victim complies for fear for his or her safety or for the safety of a loved one, this is also considered force in this regard. For instance, if the attacker threatens to kill the victim, unless she complies, this constitute force under the law. Similarly, telling a victim that you will kidnap a loved one and harm them unless they comply is also considered a use of force.

If the victim is physically helpless to resist or is otherwise unable to grant consent, this is also considered force under the penal code. This means inserting a foreign object into a rectum or vagina of an unconscious victim. If there is any reason the victim cannot respond or resist, this is also considered force by the law. While you may render the person physically helpless through your own acts, such as binding them with rope, this is not necessary. The law states that you may come across someone in a helpless state and that’s enough to imply force in this situation.

Finally, age can imply force. Under the aggravated sexual abuse law in New York, a victim age 11 or younger cannot consent. Therefore, force is implied, where the victim is 11 years old or younger. The inability of a young child to grant consent raises the issue of force under the law.

What You Can Expect in an Aggravated Sexual Abuse Case
You won’t be granted the privilege of receiving a desk appearance ticket, as is the case with some criminal charges. Instead, you will be immediately taken into custody, booked at the police station, and will remain in custody until your arraignment. The arraignment will be several hours later, which will give the prosecutor time to review your case.

By the time you’re brought to court for your arraignment, aggravated sexual abuse in the first degree may not be the only charges levied against you. The prosecutor can add other charges, which may include first degree rape and first degree sexual abuse, as well as predatory sexual assault, or the predatory sexual assault of a child or minor. You may also be charged with non-sexual crimes, such as kidnapping and assault. The exact charges will depend on the unique circumstances of your case.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

You Will Need an Attorney
You should hire a criminal defense attorney as soon as possible. Foremost, he may be able to get the prosecutor to drop some of the charges against you and reduce other charges. He may also be able to arrange a plea deal that will get you a reduced sentence and help you avoid a trial that may result in a more devastating outcome.

If your case does go to trial, your attorney will need all of the information you can provide, so he can formulate a strong strategy for your defense. This may include speaking to the victim and finding out if he or she did consent to the interaction. If the alleged victim was an adult at the time of the incident and did consent, his or her statement may be enough to get the charges dropped. Otherwise, your attorney will mount a defense that will help to get you the best possible outcome for your case.

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CLAIRE BANKS

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RAJESH BARUA

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