Back to Practice Area: Criminal Defense

Sexual Assault and Sex Crimes

Sexual assault, rape, and other sex crimes are extremely serious charges, carrying severe legal and personal consequences. A conviction can permanently alter every aspect of your life, including your liberty, employment, family dynamics, and reputation. At Hacker Murphy, we understand the high stakes and approach these sensitive cases with the experience, tenacity, and discretion they demand.

Sexual Assault Charges Under New York Penal Law

Sexual assault charges range in severity, with penalties varying based on the specific charge and circumstances.

Sentencing for sexual assault crimes in New York is determined by the offense’s classification and circumstances. For example:

  • Class A-II Felony: Life imprisonment.
  • Class B Felony: Up to 25 years in prison.
  • Class D Felony: up to 7 years in prison.
  • Class E Felony: Up to 4 years in prison.
  • Class A Misdemeanor: Up to 1 year in jail.

Additionally, individuals convicted of sexually motivated crimes face mandatory registration as a sex offenders under New York’s Sex Offender Registration Act.

Defenses to Sexual Assault Charges

Our experienced attorneys carefully investigate all aspects of your case to identify potential defenses, which may include:

  • Consent: Evidence that the act was consensual.
  • Mistaken Identity: Challenging the accuracy of witness testimony or physical evidence.
  • Improper Conduct by Law Enforcement: Highlighting procedural errors or constitutional violations during the investigation.
  • Lack of Corroboration: Demonstrating insufficient evidence to support the charges.

Why Hire Hacker Murphy for Your Defense?

  1. Thorough Investigation: Comprehensive exploration of evidence and mitigating factors.
  2. Client-Centered Approach: Personalized strategies tailored to each case.
  3. Respected Reputation: A track record of success and respect in courts across Upstate New York.

When facing any criminal charge, you should hire the best attorney you can afford. This is all the more critical if accused of a sex crime. Hacker Murphy attorneys treat every case as if it may go to trial and exhaust all avenues to defend against sex crime charges including rape, predatory sexual assault, forcible touching, cyber crimes, and aggravated sexual abuse. Our attorneys have obtained acquittals at trial for clients accused of the most serious sex crimes. We have defended clients accused of sex crimes in every county in the Capital District as well as clients accused of federal sex crimes in the Northern District of New York including cyber crimes, failure to register, aggravated sexual abuse, and criminal sexual abuse of a minor.

Sex Offender Registration

In addition to defending clients against criminal sex crimes, we regularly represent clients in the civil classification proceeding under New York’s Sex Offender Registration Act following a conviction for a qualifying sex offense.

Under New York law, an individual convicted of a qualifying sex offense has the right to a hearing before the sentencing court to determine his or her risk level. A risk level is the court’s determination about the individual’s likelihood to commit another sex offense. New York classifies qualifying offenders as Risk Level 1, 2, or 3, ranging from the least to most restrictions on an individual. These restrictions include annual registration and may require community notification and a publicly accessible listing in an online directory maintained by the Division of Criminal Justice Services.

Our experienced attorneys vigorously defend clients at their SORA hearings to challenge the prosecutor and Board of Sex Examiner’s proposed risk level. Should a client receive an adverse decision we have appeared before appellate courts on appeal of the trial court’s risk level determination.

We have also successfully reduced a client’s existing risk level by commencing a proceeding before the sentencing court.

Act Quickly

The sooner you engage legal counsel, the stronger your defense will be. Time is of the essence in gathering evidence, interviewing witnesses, and building your case.

Contact us today to schedule a confidential consultation at one of our offices in Albany, Schenectady, Troy, or Saratoga Springs. Our attorneys are available 24/7 to provide immediate assistance. Call us at (518) 284-3183—we’re here to help.