Criminal Defense Lawyers

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

A person has committed course of sexual conduct against a child in the first degree, if within a three month-period, they engage in at least 2 acts of sexual conduct with a person under the age of 11 years old, or the person is at least 18 and engages in at least 2 acts of sexual conduct with a child who is under 13 years old. This crime is a serious offense and a class B felony. If convicted, this crime has a 25-year prison sentence. Not only is imprisonment a consequence of a conviction, you will have to register as a sex offender.

Definition of the Offense

This crime is designed to punish people who repeatedly commit sexual crimes against a child. If you commit one act with a child, or several sex acts against a child during a time period that is more than three months, you will not be charged with this crime. However, it does mean that you be charged with other sex crimes like criminal sexual act, forcible touching, rape, or aggravated sexual abuse.

Sexual Conduct

Under New York Law, sexual conduct is defined as oral sexual conduct, sexual intercourse, anal sexual conduct, sexual contact, or aggravated sexual conduct. Oral sexual conduct is contact between the penis, vagina, vulva, anus and the mouth. Sexual intercourse is the penetration of a vagina by a penis. Penetration must occur, but the amount of penetration can be minimal. Anal sexual conduct is contact between the anus and penis. Sexual contact is defined as the touching of another person’s intimate parts for sexual gratification. This can include ejaculating on someone whether the person is unclothed or clothed.

Lack of Consent

Not receiving consent to engage in a sexual act is the basis for every sex charge. If the other person gave consent, then not crime was committed. However, children who are under a certain age, are not capable of giving consent to any sexual activity. In regards to the crime of sexual conduct in the first degree, children under the age of 11, or, a child under the age of 13 if you are at least 18, there is no is consent to the sexual activity.

Defenses

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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Google rating score: 4.9 of 5, based on 736 reviews

There are defenses to the charge of course of sexual conduct against a child in the first degree. The possible defenses are:

The sexual conduct did not occur within a three-month period
There was not more than one act
Challenge the fact that any sexual conduct occurred, or
You are married to the victim

This crime has a five years statute of limitations. Meaning, if you are not prosecuted within five years of the incident, the prosecutor cannot prosecute you for the crime. This rule changes if the victim was under 18 at the time of the incident. The statute of limitations does not being until the victim reaches age 18, or the incident gets reported to the police.

Sentencing

This crime is a Class B felony. If convicted you will face a minimum prison sentence of 5 years. The minimum sentence is a mandatory sentence. The maximum sentence you could face is 25 years. You won’t be eligible for parole until you have served 6/7 of the sentence.

Anyone convicted of a crime of this nature will have to register as a sex offender. Depending on your level of risk, you could remain on the registry for 20 years or the remainder of your life.

The crime of course of sexual conduct against a child in the first degree is classified as a violent felony. Being charged with this crime can have significant life consequences. If you or someone you know has been charged with this crime, it’s important that they contact an attorney. The attorneys at Spodek Law Group have experience representing people who have been charged with sex crimes. Please contact us at 888-997-4071.