Albany Sex Crime Lawyers
What Determines the Level of a Sex Offender?
Sex offenders are categorized by the level of risk they pose to the public as well as given a designation which is openly viewable by the public for their edification.
New York's designations & levels are as follows:
- Level 1 - Low Chance of Repeat Offenses
- Level 2 - Moderate Chance of Repeat Offenses
- Level 3 - High Chance of Repeat Offenses
- Sexual Predator
- Sexually Violent Offender
- Predicate Sex Offender
Almost all designation & levels of sex offenders are mandated to register for the duration of their lives, except for a non-designated level 1 offender who has a registration duration of 20 years.
Distinctions between Types of Sex Crimes
There is a wide variety of sex crimes categorized in the state of New York, which is why the law uses specific attributes to distinguish one crime from another. Some of these factors which have a tremendous bearing on the kind of charge you might face would include the victim’s age, the level of intimacy involved in the relationship, and any use of a weapon or physical force.
Some of the highly common sexual offenses include those related to:
- Offensive touching – Generally, this offense includes willfully touching another individual with one’s own body part or with a separate tool. While the perpetrator normally is aware that such touching would offend or alarm the other person, the fact that no penetration occurs means this is usually classified as a misdemeanor.
- Unlawful or wrongful sexual conduct – This crime is akin to offensive touching, but the physical contact is of a sexual nature. The offense could be designated as a misdemeanor, but depending on the age difference between the two parties, and whether any weapons or force were used, could easily become classified as a felony.
- Rape – This crime specifically involves either penetration of a body part or sexual intercourse between the alleged perpetrator and victim. Factors which aggravate the situation and increase the penalty for the crime include cases where the victim was a minor or a vulnerable person, especially if the victim and the perpetrator had a relationship of trust prior to the deed.
How Do I Get Off a Sex Offender Registry in NY?
Sex offenders are allowed to file a motion to have their registry removed or their risk level lowered:
- Removal - Level 1 or 2 sex offenders without a designation may request to be removed from the registry after 30 years & may petition every 2 years after that.
- Modifications - Any registered sex offender may petition the courts once a year to lower their risk, but must provide a justifiable reason why the court should grant the modification. An example of this would be a level 3 sex offender requesting to a modification to level 2 due to no new offenses, receiving treatment, and/or inability to make a living.
In the United States, sex crimes are viewed as some of the most serious offenses that a perpetrator could do, which is why they are penalized so harshly. Even once a defendant has finally been liberated, that person is then required to be put on the sex offender list, hindering their ability to get housing, find a job, or have custodial or visitation rights to care for their own children. These life-altering changes are why you should seek counsel from our confidential and compassionate advocates at The Kindlon Law Firm, PLLC, who can aggressively fight the allegations of the prosecution and safeguard you from the extreme penalties.
The Kindlon Law Firm, PLLC Sex Crime Legal Counsel
Having your record permanently marked by the stain of an alleged crime is a terrible thing, but it is especially devastating if that crime is a sex offense. A defendant who has been convicted of a sex crime not only is likely to undergo longer imprisonment times – sometimes for life – but also pay higher fines. They will also be put on a sex offender list even after serving their sentence, greatly destroying future opportunities for work and housing, or even denying their ability to visit their children.
Unfortunately, too often these cases only involve the defendant and the supposed victim. To have a chance of redemption or a dismissal of your charges, ranging from rape to battery to inappropriate touching, you need to reach out to our Albany sex crime attorneys immediately. The Kindlon Law Firm, PLLC is prepared to aggressively fight for your liberty and freedom.
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