There is a constant stream of media coverage about family members, friends, teachers and caregivers who have been accused of sexual assault. Unfortunately, many of these allegations are false, and once a complaint is filed against an individual, there is no way to get the charges dropped, which can have lasting impacts on their lives – both physically and emotionally.
The Consequences of Sexual Assault Charges
Once a person is convicted of committing sexual assault, it becomes a criminal offense that can result in jail time and steep fines. In addition, individuals convicted of sexual assault will need to register as sex offenders with local and state agencies for a period of time depending on the crime committed.
Generally, a person can be charged with a misdemeanor or felony depending on the specifics of the crime. Misdemeanors are less serious than felonies, and a conviction for a misdemeanor could lead to anywhere from 6 months to 1 year in jail and up to $2,000 in fines.
A felony conviction will have far more severe penalties including up to 4 years in state prison and up to $10,000 in fines. Often, these types of convictions also trigger sex offender registration requirements that can negatively impact the life of the defendant, their family and friends.
The most serious type of sexual assault is first-degree CSC, which is rape. This is a class A felony in New York, and a conviction for first-degree CSC can mean a prison sentence of at least 10 years. In addition, a conviction for first-degree CSC will have an effect on the life of the defendant for the rest of their lives.
There are many defenses available for a sexual assault case, but one of the most common is consent. The law does not clearly define what constitutes consent in a sexual assault case, and a defendant will need to prove that their conduct was indeed consensual. A defendant can also use an insanity defense, which argues that the offender is mentally ill and therefore did not have the capacity to know they were committing a crime.
Some states also have a sex offender registry system, which requires all convicted of sexual assault to register with that agency and undergo a certain amount of counseling as part of the probation or parole process. Having these types of sex offender registrations on your record can have long-lasting negative effects on your life, including hindering you from getting jobs or housing opportunities.
It is possible to have sexual assault charges dropped, but this requires a strong, experienced, and aggressive lawyer. A skilled attorney will be able to fight the charges, minimize any damage and clear your name, allowing you to move forward with your life. If you have been accused of a sex offender offense, don’t hesitate to contact us for a free consultation. We are dedicated to fighting for the rights of all our clients in both state and federal court. We have a proven track record of success helping our clients win their cases and we are confident that we can do the same for you.
Is it possible at all to have sexual assault charges dropped? This is a difficult question to answer definitively, as the legal process varies greatly depending on the jurisdiction and the particular circumstances of the case.