Criminal Defense Lawyers

NYC Criminal Sexual Act in the First Degree Lawyers

According to the New York Penal Code, a criminal sexual act in the first degree is committed when the following occurs:

A person who is at least 18 engages in anal or oral sex with someone under 13 years old.
A person has oral or anal sex with a person who is physically helpless.
A person has oral or anal sex with someone under the age of 11.
A person uses force to engage a person in anal or oral sex.

The offense of criminal sexual act in the first degree is one of the more serious sexual act charges in New York. It’s a class B felony. Iif convicted, you could face up to 25 years in prison. If you don’t receive the maximum punishment allowed by law, because this crime is viewed as a violent felony, a conviction means spending significant time in prison. You will also experience life-changing consequence when released.

Lack of Consent

To be charged with the crime of criminal sexual act in the first degree, the prosecution must prove that there was no consent. There’s no consent if the following conditions occurred:

Age: Consent cannot legally occur in the following situation. Consent can’t happen if the victim is under 11 years old. Or, you were at least 18 years old and the victim was under 13 years old.

Forcible Compulsion: If you used physical force to have oral or anal sex with the victim, you cannot consent. Forcible compulsion can also refer to the implied threat of physical injury or death to the victim.

Physically Helpless: A physically helpless person is a person who is unconscious or can’t express refusal to the sex act. You don’t have to do anything to cause the person to be in a physically helpless state. It’s enough to take advantage of someone who is physically helpless.

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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The Arrest and Arraignment

If you are arrested for criminal sexual act in the first degree, you will be taken to a police precinct for central booking. You will stay there until your arraignment. You will be charged with the crime during the arraignment hearing. It is possible to have additional charges added during this time. You will also have to enter a guilty or not guilty plea.

Bail is assessed during your arraignment. Your chances of getting bail depends on whether the court sees you as a flight risk. The judge then determines the amount of the bail and tells you when your next court appearance will be.

Defenses

There are several defenses to this crime. You can prove that the act was consensual. Another possible defense hinges on intent, if you can prove that you did not intend to commit the crime, you may have a defense. The crime also has a statute of limitations. If you can show that the statute of limitations for the crime has passed, you cannot be convicted.

Again, if convicted of this crime, you could face up to 25 years in prison. If you receive probation, you won’t go to prison but will have to abide by a strict set of rules. Regardless of the time of punishment you receive, if convicted you will have to register as a sex offender.

Being charged with a criminal sexual act in the first degree is a serious crime. You will need to hire an experienced attorney to help you through this process. The attorneys at Spodek Law Group have experience assisting people with their defense for this type of crime. Do not hesitate to contact us at (888) 908-3274 to schedule a free consultation.