Criminal Defense Lawyers

NYC Facilitating a Sexual Offense with a Controlled Substance Lawyers

The state of New York’s penal code states that the facilitation of a sexual offense with a controlled substance is a crime that has been committed when the following circumstances are met:

• The perpetrator unlawfully and knowingly possesses a substance requiring a prescription or a controlled substance
• The perpetrator administers this substance to another individual without obtaining the consent of that person, with the intention of committing a felony sex crime against that person
• The perpetrator commits or attempts to commit a sexual offense against the person in question

The facilitation of a sexual offense with a controlled substance is a serious crime that has a classification of class D felony. Convictions carry sentences of up to seven years in prison. The crime has a particular seriousness because it’s both a sex crime and a drug crime. Because of the seriousness of this charge, it’s essential for you to contact an experienced attorney from the moment you’re accused to the closure of the case.

If you need a criminal lawyer due to being charged with or having a loved one charged with the facilitation of a sexual offense with a controlled substance, Spodek Law Group is a collection of experienced lawyers who have been defending clients since 1976. An attorney can review the facts of the case, explain your options, and outline your best plan going forward.

The Definition of the Offense

For a charge to be brought against a perpetrator, a controlled substance must have been used. Controlled substances are defined as drugs in the Schedule V, IV, III, II, or I category. This includes stimulants, depressants, hallucinogenic substances, and opiates.

One example of this crime in court is People v. Blackwood, a 2013 case. The defendant stood accused of slipping ecstasy into the drink of the victim. This example doesn’t cover all potential areas that this charge might be brought against a person, however; a drug doesn’t need to be illegal for this crime to have occurred. The 2011 case People v. Stahl involved a defendant who had been accused of administering Xanax, a prescription drug, to the victim without their consent.

The lack of consent is an important part of the crime. New York’s sex offenses statute outlines a variety of ways to illustrate lack of consent. These include forcible compulsion for the administration of the drug. Forcible compulsion is designed as the use of physical force or a verbal threat made against the victim.

After the substance has been administered and the person has become intoxicated, the victim does not have the ability to consent to sexual acts. When people are intoxicated by substances that have been administered without consent, they are mentally incapacitated. A person cannot consent to sexual acts while incapacitated.

When a person has been incapacitated by an intoxicating substance, it’s required that corroborating evidence of sex crimes and sexual assaults. During People v. Blackwood, testimony was provided by the victim’s friends regarding what happened after the victim was administered the ecstasy. Lab tests also proved that ecstasy was in the victim’s system and the defendant’s semen was found in her.

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

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

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

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

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

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

2024-03-12

Very professional, very transparent, over all a great experience

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

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.

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You can still be charged with the facilitation of a sexual offense with a controlled substance even if the sexual offense is not completed. The only necessary qualification is the attempt at committing a sexual offense. This sexual offense doesn’t have to be rape; any felony sexual offense will qualify. You will also most likely have other charges leveled against you related both to the possession of the controlled substance and to the assault.