New York Attempted Sexual Offense In The First Degree Lawyer — What Are Your Defense Options?
An attempted sexual offense in the first degree under NY Penal Law § 130.35 is a Class B violent felony. A conviction carries a mandatory prison sentence of 5 to 25 years, plus lifetime Sex Offender Registration Act (SORA) registration. Law Offices Of SRIS, P.C. provides immediate defense for these serious charges in New York County Supreme Court.
Understanding Attempted Sexual Offense in the First Degree in New York
In New York, an attempted sexual offense in the first degree is a severe charge. The attempt to commit the crime is prosecuted with nearly the same gravity as the completed act. The statute, NY Penal Law Article 130, defines the elements the prosecution must prove beyond a reasonable doubt. This includes the specific intent to commit rape in the first degree and a substantial step taken toward committing that crime.
Last verified: April 2026 | New York County Supreme Court | New York State Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm has over 120 years of combined legal experience handling complex sex crime cases. We understand the high stakes and the aggressive prosecution tactics used in Manhattan courts.
Official Legal Resources
For the official text of the law, refer to NY Penal Law § 130.35 (Rape in the First Degree) on the New York State Senate website. Court procedures and information for the New York County Supreme Court can be found at the New York State Unified Court System website.
Local Court Process for Attempted Sexual Offense Charges in Manhattan
Cases for attempted sexual offense in the first degree in New York County begin with an arrest and arraignment. Because it is a felony, the case will be presented to a grand jury for indictment. If indicted, the case proceeds in New York County Supreme Court. The court is located at 60 Centre Street. The “rape shield law” strictly limits the admission of a victim’s prior sexual history.
- Arraignment & Bail Hearing: You will be formally charged and a bail argument will be made. Securing release is critical for building your defense.
- Grand Jury Presentation: The District Attorney’s office will present evidence to a grand jury to secure an indictment. Your attorney cannot be present, but can advise you beforehand.
- Pre-Trial Motions & Discovery: Your defense lawyer will file motions to suppress evidence, challenge the indictment, or dismiss charges based on legal defects.
- Plea Negotiations: Based on the strength of the defense case, your attorney will negotiate with prosecutors, aiming to reduce charges or secure an alternative disposition.
- Trial: If no acceptable plea is reached, the case proceeds to a jury trial where the prosecution must prove every element beyond a reasonable doubt.
- SORA Hearing: If convicted, a separate hearing will determine your risk level and registration requirements under the Sex Offender Registration Act.
Penalties for Attempted Sexual Offense in the First Degree
In New York County, an attempted sexual offense in the first degree is a Class B violent felony carrying a mandatory prison sentence of 5 to 25 years and mandatory post-release supervision.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Attempted Sexual Offense 1st Degree | Class B Violent Felony | 5 to 25 years (mandatory prison) | Up to $5,000 | N/A | Lifetime SORA registration, possible civil commitment as a Sexually Violent Predator, loss of professional licenses, housing restrictions, firearm prohibition. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Sex Crime Defense
Law Offices Of SRIS, P.C. was founded in 1997. Our team brings a former prosecutor’s insight to building a strong defense. We focus on challenging the prosecution’s evidence, particularly the proof of specific intent and the alleged substantial step, which are often the weakest links in an attempt case. We prepare every case as if it is going to trial to maximize our negotiating position.
Case Results and Client Advocacy
Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. While specific results in New York County are protected by confidentiality, our approach is consistent: we conduct immediate investigations, retain qualified experts (including forensic and psychological experts common in sex crime cases), and build defenses focused on reasonable doubt.
Results may vary. Prior results do not aim for a similar outcome.
Sex Crime Defense Lawyer Near New York County (Manhattan)
Our New York location serves clients facing charges at the New York County Supreme Court complex at 60 Centre Street. We represent individuals from all Manhattan neighborhoods, 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.
Law Offices Of SRIS, P.C.
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.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: New York Attempted Sexual Offense Charges
What is the difference between “attempted” and “completed” sexual offense in the first degree?
The penalties are nearly identical. Both are Class B violent felonies with 5-25 year prison sentences. The key difference is the evidence required: for an attempt, the prosecution must prove you specifically intended to commit rape and took a “substantial step” toward doing so.
Can an attempted sexual offense charge be reduced or dismissed?
It depends. A skilled sex crime attorney can file pre-trial motions to suppress evidence or dismiss the indictment. Challenging the proof of intent or the alleged “substantial step” can lead to charge reduction or dismissal before trial, especially if physical evidence is weak.
What is a SORA hearing?
If convicted, a Sex Offender Registration Act (SORA) hearing determines your risk level (1, 2, or 3) and registration duration (20 years to life). A Level 3 (high-risk) designation brings the most severe public notification. A sexual offense defense lawyer can advocate for the lowest possible risk level.
Do I need a local New York City sex crime attorney?
Yes. An attorney familiar with New York County Supreme Court judges, prosecutors, and procedures is critical. Local knowledge affects bail arguments, motion practice, and plea negotiations. Our firm provides this essential local court insight.
What should I do if I am arrested for this charge?
Remain silent and ask for a lawyer immediately. Do not discuss the case with anyone except your attorney. Contact a sex charges lawyer from our firm at (888) 437-7747 for a 24/7 consultation. We will guide you through the arrest and arraignment process.
If you are under investigation or charged with attempted sexual offense in the first degree in Manhattan, contact a New York attempted sexual offense in the first degree lawyer from Law Offices Of SRIS, P.C. immediately. Early intervention by a skilled sex crime defense attorney is your most important advantage.
Page last verified: 2026-04. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.