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
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.