Criminal Defense Attorney Defending You Against Sex Crime Charges
More than perhaps any type of criminal charge, sex crime charges can derail your life. A sex crime conviction will come with possible jail time and fines, but sex crime convictions also involve the sex crime registry requirement. Being placed on the sex crime registry means that anyone can see that you have been convicted as a sex offender. This will destroy your reputation in the workforce, in the housing market and in your day-to-day life. It is critical to fight back against sex crime charges aggressively to avoid being listed in the sex offender registry.
Louis C. Mussari, Criminal Defense Lawyer in Buffalo, New York, is here to assist. With nearly a decade of experience as a criminal prosecutor and as a skilled defense attorney, he can help you navigate the legal complexities to steer clear of incarceration and sex offender registration. While outcomes vary by case, collaborating with Louis C. Mussari, Attorney at Law, ensures you’ll have every opportunity to pursue the best possible resolution.
Serious Criminal Charges
While there are some sex crime charges that are filed as misdemeanors, the vast majority of sex crime charges are serious felonies, many of which involve up to 20 years of a hard time in prison, the sex offender registry and other unsavory consequences.
Get the help you need from attorney Louis C. Mussari, who can provide a strong, strategic defense against sex crime charges that include:
- Rape
- Sexual assault
- Sexual misconduct
- Forcible touching
- Criminal sexual acts
- Sexual abuse/aggravated sexual abuse
- Child molestation
- Course of sexual conduct against a child (which involves two or more instances)
- Child pornography
- Predatory sexual assault
- Facilitating a sexual offense with a controlled substance
- Prostitution/solicitation
As a criminal prosecutor for nearly a decade in Erie County, Mr. Mussari knows how these cases are handled. He has a strategic advantage in knowing how to defeat the prosecutor’s methods because he has used those same methods himself.
Defenses Against Sex Crime Charges
In cases involving sexual offenses against adults, consent plays a pivotal role. If the activity was consensual, no crime has been committed. However, it’s essential to recognize that minors cannot legally consent.
Alongside consent, defenses against these charges may involve challenging the credibility of witnesses or the alleged victim. This can include addressing potential tampering with child victims or witnesses, such as coaching them on courtroom behavior and testimony. Legal challenges may also target forensic evidence, illegal search and seizure, and establishing intent.
When facing such charges, Buffalo Criminal Defense Attorney Louis C. Mussari and his legal team are dedicated to exploring every avenue for defense. They meticulously analyze the case to identify viable strategies for protecting your rights and securing the best possible outcome.
Sex Crimes – Legal Overview
The tabs below contain some additional legal information on sex offenses in the State of New York.
- Statutes
- Possible Penalties
- Defense Strategies
At Louis C. Mussari Law Firm, we possess a nuanced understanding of state sex crime statutes, ensuring that you receive compassionate and expert legal representation. Our in-depth knowledge allows us to navigate the intricacies of your case with precision, providing you the best chance for a favorable outcome. We are committed to standing with you, ensuring that you are not alone during this challenging time.
- Penal Law Article 130: Defines various criminal sex offenses including sexual misconduct, rape, sexual abuse, forcible touching, female genital mutilation, and facilitating a sex offense with a controlled substance.
- Executive Law §631(1): Allows victims of sexual offenses to report the crime within a reasonable time to be eligible for an award from the Crime Victims Compensation Board (CVB).
- Civil Practice Law §4510(b): Recognizes confidential communication between a rape crisis counselor and a client.
- Penal Law §130.90: Provides that committing a sex offense by using illegal drugs is a D level felony.
- Criminal Procedure Law §160.45: Forbids requiring a victim of a sexual assault to undergo a polygraph test or psychological stress evaluator examination.
- Criminal Procedure Law §§60.42, 60.43: Bars the introduction of reputation evidence about the sexual history and conduct of the victim unless specific conditions are met.
- Correction Law Article 6-C (§168 et seq.): Requires certain offenders to register with the Division of Criminal Justice Services (DCJS).
Note: Please be aware that relevant statutes may change and are subject to interpretation on a case-by-case basis after an in-depth review of your situation.
At Louis C. Mussari Law Firm, we bring years of specialized experience in sex crime cases to your defense, treating you with the dignity and compassion you deserve. Our deep understanding of the complexities surrounding these sensitive issues allows us to tailor a defense strategy that maximizes your chances for a favorable outcome. We are committed to standing beside you, ensuring that you are not alone during this challenging period in your life.
- Rape and Sexual Misconduct
- First-degree rape: Class B felony
- Second-degree rape: Class D felony
- Third-degree rape: Class E felony
- Sexual misconduct: Class A misdemeanor
- Aggravated Sexual Abuse
- Ranges from Class E to Class B felony, depending on the severity and injuries involved.
- Sexual Abuse
- First-degree: Class D felony
- Second- and third-degree: Misdemeanor
- Forcible Touching
- Class A misdemeanor
- Felony Sentencing
- Class B felony: 5 to 25 years in prison
- Class C felony: 3.5 to 15 years in prison
- Class D felony: 2 to 7 years in prison
- Class E felony: 1.5 to 4 years in prison
- Enhanced Penalties
- For repeat, persistent, and predatory offenders, penalties can be significantly increased, even up to a life sentence for predatory acts.
- Sex Offender Registration Act (SORA)
- Requires most convicted individuals to register with the state, lasting a minimum of 20 years or for life for high-risk offenders.
Note: Please be aware that possible penalties can vary significantly and are determined on a case-by-case basis after an in-depth review of your situation.
At Louis C. Mussari Law Firm, we don’t just represent you; we build a comprehensive sex crime defense strategy designed to protect your rights and secure the best possible outcome. Leveraging our extensive experience, we meticulously analyze every facet of your case to tailor a defense that meets your unique needs. We are here to guide you through this difficult journey, ensuring that you are empowered every step of the way.
- Complete Innocence
- This defense argues that you were not present or had no sexual contact with the alleged victim. Alibis and DNA evidence could be used to support this claim.
- Consent
- In many cases, proving that the victim consented to the sexual conduct can be a viable defense. However, this is not applicable if the alleged victim is a minor.
- Insanity/Mental Incapacity
- If you can prove that you lacked the mental capacity to understand the criminal nature of your actions, this could serve as a complete defense or result in leniency.
- Motivation of the Accuser
- Sometimes, false accusations are made for personal reasons, such as revenge or extortion. Proving the accuser’s motivation could be a defense.
- Suppression of Evidence
- If evidence was obtained illegally or mishandled, it could be suppressed and excluded from the trial.
- Taint
- This defense is used when child witnesses are involved, arguing that someone has influenced the child’s responses to questions.
Note: It’s important to note that defense strategies may change and are tailored on a case-by-case basis after an in-depth review of your specific situation.
At Louis C. Mussari Law Firm, we possess a nuanced understanding of state sex crime statutes, ensuring that you receive compassionate and expert legal representation. Our in-depth knowledge allows us to navigate the intricacies of your case with precision, providing you the best chance for a favorable outcome. We are committed to standing with you, ensuring that you are not alone during this challenging time.
- Penal Law Article 130: Defines various criminal sex offenses including sexual misconduct, rape, sexual abuse, forcible touching, female genital mutilation, and facilitating a sex offense with a controlled substance.
- Executive Law §631(1): Allows victims of sexual offenses to report the crime within a reasonable time to be eligible for an award from the Crime Victims Compensation Board (CVB).
- Civil Practice Law §4510(b): Recognizes confidential communication between a rape crisis counselor and a client.
- Penal Law §130.90: Provides that committing a sex offense by using illegal drugs is a D level felony.
- Criminal Procedure Law §160.45: Forbids requiring a victim of a sexual assault to undergo a polygraph test or psychological stress evaluator examination.
- Criminal Procedure Law §§60.42, 60.43: Bars the introduction of reputation evidence about the sexual history and conduct of the victim unless specific conditions are met.
- Correction Law Article 6-C (§168 et seq.): Requires certain offenders to register with the Division of Criminal Justice Services (DCJS).
Note: Please be aware that relevant statutes may change and are subject to interpretation on a case-by-case basis after an in-depth review of your situation.
At Louis C. Mussari Law Firm, we bring years of specialized experience in sex crime cases to your defense, treating you with the dignity and compassion you deserve. Our deep understanding of the complexities surrounding these sensitive issues allows us to tailor a defense strategy that maximizes your chances for a favorable outcome. We are committed to standing beside you, ensuring that you are not alone during this challenging period in your life.
- Rape and Sexual Misconduct
- First-degree rape: Class B felony
- Second-degree rape: Class D felony
- Third-degree rape: Class E felony
- Sexual misconduct: Class A misdemeanor
- Aggravated Sexual Abuse
- Ranges from Class E to Class B felony, depending on the severity and injuries involved.
- Sexual Abuse
- First-degree: Class D felony
- Second- and third-degree: Misdemeanor
- Forcible Touching
- Class A misdemeanor
- Felony Sentencing
- Class B felony: 5 to 25 years in prison
- Class C felony: 3.5 to 15 years in prison
- Class D felony: 2 to 7 years in prison
- Class E felony: 1.5 to 4 years in prison
- Enhanced Penalties
- For repeat, persistent, and predatory offenders, penalties can be significantly increased, even up to a life sentence for predatory acts.
- Sex Offender Registration Act (SORA)
- Requires most convicted individuals to register with the state, lasting a minimum of 20 years or for life for high-risk offenders.
Note: Please be aware that possible penalties can vary significantly and are determined on a case-by-case basis after an in-depth review of your situation.
At Louis C. Mussari Law Firm, we don’t just represent you; we build a comprehensive sex crime defense strategy designed to protect your rights and secure the best possible outcome. Leveraging our extensive experience, we meticulously analyze every facet of your case to tailor a defense that meets your unique needs. We are here to guide you through this difficult journey, ensuring that you are empowered every step of the way.
- Complete Innocence
- This defense argues that you were not present or had no sexual contact with the alleged victim. Alibis and DNA evidence could be used to support this claim.
- Consent
- In many cases, proving that the victim consented to the sexual conduct can be a viable defense. However, this is not applicable if the alleged victim is a minor.
- Insanity/Mental Incapacity
- If you can prove that you lacked the mental capacity to understand the criminal nature of your actions, this could serve as a complete defense or result in leniency.
- Motivation of the Accuser
- Sometimes, false accusations are made for personal reasons, such as revenge or extortion. Proving the accuser’s motivation could be a defense.
- Suppression of Evidence
- If evidence was obtained illegally or mishandled, it could be suppressed and excluded from the trial.
- Taint
- This defense is used when child witnesses are involved, arguing that someone has influenced the child’s responses to questions.
Note: It’s important to note that defense strategies may change and are tailored on a case-by-case basis after an in-depth review of your specific situation.
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Ask Yourself: Can You Afford Not To Call?
The decisions you make in the next days and weeks are critical. Will you get to keep living your life or will spend time in jail, pay thousands of dollars in fines, and suffer consequences for employment, education and where you live? Make the wise choice and call Louis C. Mussari, Attorney at Law, at 716-430-2147.