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NYC Course of Sexual Conduct Against a Child in the Second Degree Lawyers

March 21, 2024 Uncategorized

Spodek Law Group are experts on the New York Penal Code. The firm has been providing legal help to those in need for many years. Under the state’s penal code, a person would be guilty of committing course of sexual conduct against a child in the second degree if this person did the following within three months:

–Initiated two sexual acts or more with a child who is 11 or younger.
–You are 18 or older and initiated two or more sexual acts with a 13 year old child or younger.

First off, this crime is considered a felony, and you could be sentenced to prison for seven years though sometimes the sentence is reduced. Keep in mind that whether you are sentenced to go to prison or simply placed on probation, you are still registered as a sex offender for the rest of your life. This crime can seriously affect your life, so it is important to realize that a lot is at stake, which is part of the reason you need to contact experienced lawyers who understand this type of crime, like the people at Spodek Law Group.

Understanding the Offense

The sex crime is similar to sexual conduct against a child in the first degree. To qualify for either of this crimes, you must have committed at least two sexual acts with a child in three months. The difference lies in the sexual acts. A person that has sexual intercourse, anal sex, oral sex, or commits an aggravated sexual act will be automatically charged with the first degree whereas a second degree charge includes other types of sexual acts. You could have caressed a child’s buttocks and before three months passed, you might touched the child’s breasts.

Closer Look at Sexual Conduct

The NY Pen. Law 130.00 (10) says that sexual conduct could include a number of acts. These could include oral sex or anal sex. The law also includes regular intercourse as well as aggravate sexual contact. Keep in mind that sexual contact means that you touched a child in an intimate way to gratify yourself. This could happen with clothes just as easily as it could happen without garments.

The Lack of Consent

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.

Consent is a major component for any sex crime but it really makes no different with this particular offense. Adults have the ability to consent, but children do not possess the ability to consent to such acts. You cannot use a child’s consent in order to fight this charge.

Going Through the Arrest and Arraignment

You are going to be taken into custody the moment you are charged with this crime. You are likely going to be placed in Central Booking for some time since it takes a while to get an arraignment. You waived the opportunity to get a Desk Appearance Ticket by being charged for such a serious crime. Of course, the judge is going to determine bail at your arraignment, but this does depend on if the judge trusts that you’ll be back for your next court date.

Going Through the Defenses

The most obvious defense boils down to denying that these acts took place within three months or that they did not take place at all. Of course, it is now up to you and your lawyer to present proof that supports your allegations. The point of fighting this is to get to the truth and reduce your sentence. Another defense is if you are married to the child and that it is a valid marriage in the state of New York. You could also use the statute of limitations to help you fight this case should the offense be older than five years. Keep in mind that the five years do not start winding down until the victim turns 18 or until the victim reports the crime.

Possible Sentencing You are Looking At

This is a Class D felony and you could be looking at seven years or less. It should be noted that the judge will have to sentence you to at least four years in prison if this is your second felony conviction under the NY Pen. Law 70.06. Those who are convicted of crimes on top of the sexual conduct against a child in the second degree can expect severe consequences. Probation is usually part of the sentencing as well and could be up to 10 years.

Registering as a Sex Offender

You are going to have to register as a sex offender. According to NY Cor. Law 168, you need to be on this list of offenders though the judge will look into your background to see if this is an offense you will likely commit again. The judge will be doing this to determine if you are a Level 1, 2, or 3 sex offender, which makes a big difference when you register. Level 1 offenders will remain on the list for 20 years while the other two are going to be there for life.

Be sure to contact Spodek Law Group about your situation to improve your chances of a favorable outcome. The lawyers here are experienced and honest. You will understand what is happening, and you will understand some of the possible outcomes.

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Todd Spodek

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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