Local Criminal Defense Lawyer for Sex Crimes

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If you are being investigated or charged with a sex crime in New York, you absolutely need a criminal defense lawyer right away. 

The Law Office of Michael J. McConnell is available to take your call 24/7 if you are facing a felony sex offense case in Yonkers, White Plains, Mount Vernon, the Bronx, or elsewhere in the NYC area. 

Call (914) 810-0510 to request a free consultation or schedule one by clicking here: Book a Free Consultation with NY Criminal Defense Lawyer Michael J. McConnell.

When you hire Michael J. McConnell as your criminal defense lawyer, you get a former NYC prosecutor who knows how these cases are built and proven in court. He uses that knowledge today to protect his clients’ rights from day one, including from the moment they are contacted by police. 

So whether you’re under investigation for rape, sexual abuse, forcible touching, or any other sex offense in New York, make the Law Office of Michael J. McConnell your first call before agreeing to speak with law enforcement or turn yourself in. 

If a Special Victims detective calls you, don’t answer questions without a lawyer. Instead, politely ask for their name and phone number. Then tell them you want to speak with a lawyer first.

Resist the temptation to try to explain or defend yourself. Now is not the time to “tell your side.” That can be done later by your lawyer.

The Law Office of Michael J. McConnell is available 24/7 to answer your call if you’ve been contacted by a detective about an alleged sex crime in New York. Contact us for a free consultation today so that we can protect your rights from day one. 

Yes. In many New York sex crime cases, an arrest can happen based on one person’s allegation against you. 

Police don’t always need physical evidence or other witnesses to just make an arrest. One person’s word is generally enough to establish probable cause for an arrest. 

Of course, once the case gets into court, the standard of proof is much higher. The prosecutor must have enough evidence to prove their case beyond a reasonable doubt. 

The key thing to understand, however, is that all it takes for an arrest to be made is just an allegation that gives the police probable cause. The problem with that is the criminal legal system then moves very quickly against you. Police and prosecutors put blinders on, which often causes them to try to secure convictions at all costs—perhaps even ignoring evidence that shows you’re innocent. 

This is why it is critical to have a strong criminal defense attorney from the start when you’re charged with something like rape or sexual abuse in New York. A proactive criminal defense attorney like Michael J. McConnell can move quickly to preserve key evidence that might be essential for your defense.

For example, a good sex crimes defense lawyer will immediately seek to preserve things like: 

· Text messages

· Dating App communications (e.g., Tinder, Bumble, Hinge, etc.)

· Social media posts (e.g., Instagram, Facebook, Snapchat, etc.)

· Video surveillance (from bars, nightclubs, residential buildings, etc.)

· Witness statements

Getting these things from the start can often go a long way in getting charges dropped or solidifying a strong defense at trial.

So although an allegation alone might be enough to justify an arrest in New York, a skilled NYC criminal defense lawyer can take immediate action from day one on your case to build a strong defense designed to win in court where it really matters. 

Sadly, false allegations do happen in rape and sexual assault cases in New York and throughout the United States. 

Sometimes the issue is mistaken identity, and there have been a number of well-documented examples of wrongful convictions in rape cases where DNA later exonerated someone who was simply mistaken as the perpetrator maybe because they looked similar in appearance.

In other cases, false allegations can occur due to countless other reasons such as faulty memory, misunderstandings, external pressure, or even outright lies. 

Some examples of how these cases come about include: 

· People who met on dating apps

· Two adults who met at a bar

· College students after a party

· Short dating relationships that ended badly

· Divorce or custody battles

· High school students

· Teachers accused by students

· Healthcare workers accused by patients

· Step-parents or family members accused during family conflict

· Adults engaged in an extramarital affair

Every case is different and should always be judged on its own facts. There is no doubt that it is generally very difficult for victims to come forward is sexual assault cases. Nor is there any doubt that the psychological and emotional impact that survivors of sexual violence experience is significant and often lasts forever. 

At the same time, it is critical to recognize that cases of mistaken identity happen. In such cases, the trauma the victim endured is very real, but the person accused is not the one who did it. And in such cases, we can all agree that people who are wrongfully accused of sexual offenses certainly deserve a strong defense to protect their innocence. 

So too do cases exist where allegations are based on mistakes, misunderstandings, incorrect memory, and sometimes malicious falsehoods. For example, there have been countless well-documented examples where children have been pressured by family members to accuse another family member of a crime they didn’t commit as part of an ongoing family conflict. 

What a diligent criminal defense lawyer will do when representing someone falsely accused of rape or another sex crime is explore every single angle of the case. 

Being able to see the case from the perspective of the complainant, their family, their friends, the police, the prosecutor, and countless others involved is essential. Through that process, a strong defense can be prepared to attack the prosecution’s so-called evidence in court. 

So if you’ve been falsely accused of sexual abuse or any other sex crime in New York, you can call the Law Office of Michael J. McConnell right now at (914) 810-0510 to speak with a dedicated criminal defense lawyer who knows how to see a case from all angles to protect your presumption of innocence. 

Article 130 of the Penal Law in New York defines various sex offenses, including rape. 

In New York, there are three degrees of rape. All are serious felonies, but first degree is the most serious. 

Here’s a helpful and simplified explanation of the three degrees of rape in NY:

Rape in the 1st Degree is defined under PL § 130.35 and is considered a class B felony. It most often applies when there is vaginal, oral, or anal sexual contact “by forcible compulsion” or with someone “who is incapable of consent by reason of being physically helpless . . . or . . . who is less than eleven years old . . . or who is less than thirteen years old and the actor is eighteen years old or more.” 

For example, if you’re accused of using forcible compulsion to have sexual intercourse with someone, you’ll be charged with Rape in the 1st Degree. Soo too would you be charged with Rape in the 1st Degree if you are over 18 years old and have sex with someone less than 13 years old. 

A conviction for 1st Degree Rape in New York carries lengthy mandatory prison time and post release supervision upon conviction even if you’ve never been arrested before. If you have prior convictions, that can increase your prison sentence significantly. 

Rape in the 2nd Degree is defined under PL §130.30 and is a class D felony. It usually applies in one of two ways.

1) You’re eighteen or more years old and are accused of engaging in vaginal, oral, or anal sexual contact with someone “less than fifteen years old.”

or

2) You have vaginal, oral, or anal sexual contact with someone who “is incapable of consent by reason of being mentally disabled or mentally incapacitated.”

Here are two examples of Rape in the Second Degree:

· Example 1: You are 22 years old and are accused of having sex with a 14 year old.

· Example 2: You have sex with someone who has a mental disability that causes them to be unable to consent. 

With respect to 2nd Degree Rape in New York, an important affirmative defense according to PL § 130.30 applies when you’re accused of having sex with someone less than 15 years old but are yourself “less than four years older than the victim at the time of the act.” If you fall within that criteria, you have a defense against this crime.

A conviction for 2nd Degree Rape in NY can also carry significant prison time and post release supervision even for a first-time offender, though for such individuals it is possible to get probation and avoid prison under certain circumstances. Individuals with prior qualifying felonies are subject to mandatory prison sentences and post-release supervision. 

Rape in the 3rd Degree in NY is defined by PL 130.25 and is a class E felony. This charge usually applies in one of three ways:

1) You’re accused of vaginal, oral, or anal sexual contact with someone “incapable of consent by reason of some factor other than being less than seventeen years old.” 

2) You’re 21 years old or more and are accused of vaginal, oral, or anal sexual contact with someone “less than seventeen years old.” 

3) You’re accused of vaginal, oral, or anal sexual contact with someone “without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.” 

So, for example, if you are a 21-year-old college student in New York and have sexual intercourse with a 16-year-old girlfriend, you could find yourself charged with Rape in the Third Degree. 

A conviction of 3rd Degree Rape for a first-time-offender doesn’t require mandatory prison time in NY, so probation could be an option. With that said, a judge still has discretion to impose prison for a first offender convicted of Rape in the 3rd Degree, and if they do the sentence can be up to 4 years. Of course, if you’re convicted of Rape 3 but have one or more felony convictions that make you a predicate for sentencing enhancements, you will face mandatory prison time and post-release supervision upon conviction. 

Finding the right lawyer to fight your rape case is critical in New York. Beyond possible prison time, a felony conviction could mean loss of a job, expulsion from school, harm to your reputation, and deportation if you’re not a citizen. Plus, if your convicted of any degree of rape in New York, you’ll be required to register as a sex offender. 

Don’t leave your freedom and your future to chance. Contact the Law Office of Michael J. McConnell if you’ve been accused of rape in Yonkers, White Plains, New Rochelle, Mount Vernon, the Bronx, or elsewhere in the NYC area.  

Possibly, but it depends significantly on a number of factors. A good criminal defense lawyer who knows how to evaluate the strength and weaknesses of a sex crimes case can help you better understand your options. 

In general, however, the following factors tend to be the most influential in determining whether someone is sentenced to incarceration for a sex crime in NY: 

First, you only get jail or prison time if you’re actually convicted of a crime. So if your lawyer can get your case dismissed or convince the jury to find you not guilty at trial of all charges, that can be the key to avoiding incarceration even if what you were charged with was incredibly serious such as Rape in the 1st Degree. 

Second, even if you’re convicted (whether through guilty plea or jury verdict), the charge that you are actually convicted of matters. Some carry mandatory prison time while others don’t, which means a judge might have discretion to give you something other than incarceration. 

Third, the facts of your case matter too. The worse your conduct looks, the less likely a judge might be willing to offer a degree of leniency. Beyond that, in plea negotiations it is very common for prosecutors to weigh heavily the overall level of culpability of your conduct. 

For example, a young person who did something completely out of character due in part to excessive alcohol consumption might be more likely to receive a favorable deal from a prosecutor than someone who engaged in a long course of conduct that was clearly and unequivocably wrong. 

At the Law Office of Michael J. McConnell, the focus is always on helping clients charged with serious felony offenses avoid prison and a lifelong criminal record. We have successfully defended such individuals throughout the NYC and Westchester County area, but it’s important to know that each case is different and past results shouldn’t be considered a guarantee of future outcomes. 

If you are worried about the consequences of a sex offense charge in New York, the Law Office of Michael J. McConnell is ready to take your call 24/7 to schedule a free and confidential consultation where you will be met with compassion and understanding. 

If convicted, the answer is usually that yes you will need to register under New York’s Sex Offender Registration Act (SORA). Depending on which level you are registered at, this registration can last many years or even for the rest of your life. 

Registration can affect:

· Where you live

· Where you work

· Your reputation (since the public can typically access this information about you online)

The level of registration (Level 1, 2, or 3) depends on a risk assessment process. Your attorney will fight for the lowest possible risk level.

Intoxication raises complex issues in sex cases in New York. Depending on the level of intoxication, an alleged victim may be considered incapable of consent (e.g., they were physically helpless). However, mere alcohol use alone doesn’t always mean someone cannot consent.

Sex crimes cases involving alcohol always require a very careful and fact-sensitive analysis. This is why the Law Office of Michael J. McConnell thoroughly investigates these cases from the start to pin down the narrative of what actually happened. This early action and attention to detail can often make all the difference. 

Where we most commonly see the issue of intoxication come up in sexual assault cases are those involving the following scenarios: 

· College students

· Fraternity or sorority parties

· Dating app meetups

· Nightclubs or bars

· After-prom or graduation parties

When a sexual assault allegation results from one of these types of situations, it is very important to have an attorney who is willing to put in the work. This might include interviewing witnesses, visiting the scene, preserving video footage, and much more. Beyond that, in depth interviews between the attorney and their client can make a major difference in setting the case up for success. 

The Law Office of Michael J. McConnell routinely represents college students and young adults in Westchester County and NYC who are charged with serious felony offenses, including sex crimes. So if you’re a college student in New Rochelle, the Bronx, Queens, or Manhattan, you can count on us to understand the challenges you face and the importance of protecting your freedom and your future.

Every case is different and will depend on the exact offense being charged as well as the precise factual allegation. Here are some of the most common defenses that criminal defense lawyers will explore in these cases: 

1. Consent: If the alleged act was consensual, that can be a defense to many of the most common charges under Penal Law Article 130. 

2. Lack of Forcible Compulsion: In cases that require this as an element, a defense attorney can challenge the prosecution’s evidence to show that there was neither force nor a threat of force present. 

3. Age Gap Defense: While lack of knowledge about the alleged victim’s age might not be a defense, the law does permit an affirmative defense for certain charges where the age gap is small (see the discussion on Rape in the 2nd Degree above). 

4. Lack of Knowledge of Incapacity: If someone was allegedly mentally incapacitated or physically helpless, the law allows a defense if the accused did not know.

5. False Accusation: A good sex crimes lawyer will explore motives for the complainant to lie such as jealousy, revenge, job disputes, school disciplinary issues, or other family disputes or custody battles. 

6. Insufficient Corroboration: In certain mental incapacity cases, New York law requires independent corroborative evidence.

In every case, the Law Office of Michael J. McConnell thoroughly investigates each possible defense and builds a strategy tailored to the facts.

Defending clients accused of sex crimes is among the most important work that we do. These clients are often accused of terrible things that have caused great harm to their reputation in the community. On top of that, the potential consequences of a conviction—including the possibility of mandatory prison time in some cases—put their lives, freedom, and future at stake.

The approach the Law Office of Michael J. McConnell takes to zealously representing individuals accused of sexually based offenses is driven by our commitment to our three core values of: 1) non-judgment; 2) clear communication; and 3) thorough preparation. 

These clients in particular need an attorney who they can be confident is on their side. Someone who will meet them with compassion and nonjudgment. Especially during a time where everyone else has rushed to judgment and condemned them prematurely, they need to know that their attorney has their back and that they are welcome to speak openly and honestly with their attorney in a private and confidential setting. 

In addition to non-judgment and compassion, our clients receive clear communication. They need to understand not only the seriousness of what they are charged with but also the range of possible outcomes. Not all is hopeless in these cases—and clients need to know that from the start as well.

As I always say, my job as a criminal defense attorney is to make sure you are fully informed, which means my job is neither to needlessly scare you nor to sugarcoat things. I need to tell you the good, the bad, and everything in between, including what the most realistic outcome might be based on the totality of the evidence. Only then can a client fully understand the decisions they need to make and how to move forward. 

Last but not least, it is imperative to have an attorney defending your case who is thoroughly prepared. Sex crimes cases in particular demand not only a lot of overall work but also a ton of upfront work. The Law Office of Michael J. McConnell has consistently been praised by clients for how proactive we are. Never is this proactive approach more important than in cases where clients are facing serious charges such as rape. 

These core values guide everything that we do from the first consultation through the conclusion of the case. Spend just a few minutes with local criminal defense attorney Michael J. McConnell on a free consultation and you’ll see that for yourself right away. 

Experience on both sides matters. It allows your attorney to see the case from every angle and anticipate the DA’s next move.

For example, a former prosecutor understands how these cases are screened to determine what chares to bring in the first place. That can often help inform many strategic decisions we make when a client is initially contacted by law enforcement. 

We also know how grand juries work, what types of things matter most in plea negotiations, how cases are prepared for trial, and how witnesses are prepped by the DA’s Office. 

Being accused of a sex crime can feel overwhelming. You may feel isolated. You may feel ashamed. You may feel angry or confused.

You are not alone.

The Law Office of Michael J. McConnell provides strong, strategic, and compassionate defense for individuals accused of sex offenses throughout New York.

Call (914) 810-0510 today for a free and confidential consultation. Your future is too important to wait.

Disclaimer: This page is for informational and educational purposes only. It is not legal advice. If you need legal advice, contact a lawyer and speak with them privately about your unique situation. Prior results don’t guarantee future outcomes.