Criminal Sexual Act Lawyer New York — What Are Your Defense Options?
A criminal sexual act charge under NY Penal Law Article 130 is a serious felony with severe penalties. As a Criminal Sexual Act Lawyer New York, Law Offices Of SRIS, P.C. provides a focused defense for charges in New York County Supreme Court. Our criminal attorney team understands the complex legal and personal stakes involved. We offer 24/7 phone consultations at (888) 437-7747.
What Is a Criminal Sexual Act in New York?
In New York, a “criminal sexual act” is defined under NY Penal Law § 130.45 and related statutes. It involves engaging in oral or anal sexual conduct with another person without their consent. The severity of the charge depends on factors like the use of force, the victim’s capacity to consent, and the age of the parties involved. These charges are prosecuted aggressively in New York County Supreme Court.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Official Legal Resources
For the official text of the law, refer to NY Penal Law § 130.45 (official New York State Senate). Court procedures and forms can be found at the New York County Supreme Court website.
Local Court Process for Sex Crime Charges in Manhattan
Sex crime felonies in Manhattan begin with an arrest and arraignment. The case then proceeds to a grand jury for indictment. If indicted, the case is heard in New York County Supreme Court. The process is formal and complex, requiring precise legal filings and strategic motions from the outset.
- Arraignment & Bail Hearing: Your first court appearance where charges are formally read and bail is set.
- Grand Jury Presentation: The prosecution presents evidence to a grand jury to secure a felony indictment.
- Pre-Trial Motions & Discovery: Your defense lawyer files motions to challenge evidence and compels the prosecution to share its case.
- Plea Negotiations or Trial: Your attorney negotiates with the District Attorney’s office or prepares for a jury trial.
- SORA Hearing: If convicted, a separate hearing determines your Sex Offender Registration Act (SORA) risk level.
Potential Penalties for a Criminal Sexual Act Conviction
In New York County, a criminal sexual act conviction carries severe penalties including lengthy prison terms and mandatory sex offender registration.
| Offense (NYPL) | Classification | Prison | Post-Release Supervision | Registration |
|---|---|---|---|---|
| Criminal Sexual Act 1st Degree (§ 130.50) | Class B Violent Felony | 5-25 years | 5-20 years | Life (SORA Level 3) |
| Criminal Sexual Act 2nd Degree (§ 130.45) | Class D Violent Felony | Up to 7 years | 3-10 years | 20 years to Life |
| Criminal Sexual Act 3rd Degree (§ 130.40) | Class E Felony | Up to 4 years | 1.5-3 years | 20 years |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience in New York Sex Crime Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our defense lawyers bring a combined 120+ years of legal experience to every case. We approach each criminal sexual act charge with a detailed, case-specific strategy, recognizing the significant impact these allegations have on your life, reputation, and future.
Contact Our New York County Defense Team
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (838) 292-0003
By appointment only.
Our New York location serves clients at New York County (Manhattan) courts, accessible via all subway lines and major highways. We are a criminal sexual act lawyer near Manhattan communities including Midtown, Lower Manhattan, Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, Financial District, Chinatown, Washington Heights, and Inwood. We offer 24/7 phone consultations — (888) 437-7747 — with meetings by appointment only.
Frequently Asked Questions
What is the difference between rape and a criminal sexual act in New York?
Yes, there is a legal distinction. Under NY Penal Law, “rape” specifically refers to vaginal sexual intercourse without consent. A “criminal sexual act” refers to oral or anal sexual conduct without consent. Both are serious felonies with similar severe penalties and require an immediate defense.
Can I be charged if the other person initially consented?
It depends. Consent must be ongoing and can be withdrawn at any time. If you continue after consent is withdrawn, or if the person is incapable of consent due to intoxication or disability, you can face charges. A skilled criminal court lawyer can investigate the specific facts regarding consent in your case.
What is a SORA hearing?
A SORA (Sex Offender Registration Act) hearing is a separate proceeding after a conviction. A judge determines your risk level (1, 2, or 3), which dictates how long you must register as a sex offender and what information is made public. Level 3 requires lifetime registration and community notification.
Should I speak to the police if I’m under investigation?
No. You have the right to remain silent. Anything you say can be used against you. Politely decline to answer questions and immediately request to speak with a criminal sexual act lawyer. Contact our defense team at (888) 437-7747 before speaking to any investigators.
What are possible defenses to a criminal sexual act charge?
Potential defenses include mistaken identity, false accusation, proof of consent, lack of evidence, or violations of your constitutional rights during the investigation. An experienced criminal charges defense attorney will analyze all evidence, including digital records and witness statements, to build the strongest defense strategy for your situation.
For more information, see our New York Sex Crime Lawyer hub page. We also assist clients in Albany County and with DUI charges in Manhattan.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.