Sexual Assault Defense Lawyer in Rochester

Turn to a Rochester Criminal Defense Lawyer for Help

The state of New York has several different levels of sexual assault charges, ranging from a Class A misdemeanor to a Class A-II felony. That’s a range of potential sentences from a maximum of a year to a minimum of 15 to life in prison. How harsh the charges are will depend on a few factors, including the age of the alleged victim—but it also hinges on any prior convictions on the accused’s record.

If you’ve been charged with sexual assault in any capacity, no matter how sure of your innocence you are, you need a lawyer. The Law Office of Frank Ciardi has represented the accused in a variety of sex crimes cases—we understand you may feel like you’ve been declared guilty already, that you’re facing impossible odds.

The court of public opinion and the court of law do not take kindly to sexual assault charges of any kind. It’s our calling to make sure that everyone is given a fair chance to defend their innocence and their freedom. Our role is to take your story and present it fairly, accurately, and with the facts that support your case. If you’re ready to share your story with us, call us for a free legal consultation today.

Call (583) 531-1101 for a free consultation—we’ll discuss your options and get to work on your defense.

How Sexual Assault Is Defined in New York

All sexual assault charges hinge on the concept of consent. Sex acts that are committed without the consent of one of the parties involved is considered sexual assault, whether it is classified as sexual abuse, aggravated sexual abuse, or rape.

Consent is missing in situations that involve any of the following circumstances:

  • Where the victim was forcibly compulsed (through violence or threats)
  • Where the victim was incapable of consenting
  • Where the victim was subjected to abuse or forced touching, or did not express or imply consent.
  • Where the victim of rape in the third degree clearly expressed their withdrawal of consent.

There are two primary factors that determine how harsh the charges are in these cases: the age of the alleged victim and the circumstances surrounding the lack of consent. Incapability to provide consent tends to generate lighter charges, while high-level felony sexual assault is reserved for heinous or severely violent crimes.

People are unable to provide sexual consent when they are:

  • Under the age of 17
  • Mentally disabled
  • Mentally incapacitated
  • Physically helpless
  • In the care of a hospital
  • Imprisoned and the accused is an employee
  • The client of a mental healthcare provider
  • An inpatient at a mental healthcare facility

Do not face your charges alone—there are effective defense strategies that may apply to your case. Find out what they are by contacting our Rochester criminal defense attorney for a free consultation.