New York Attempted Sexual Offense In The Second Degree Lawyer — What Are Your Defense Options?
An attempted sexual offense in the second degree under NY Penal Law § 130.67 is a serious felony charge in New York County (Manhattan). A conviction can result in significant prison time and mandatory sex offender registration. As a New York attempted sexual offense in the second degree lawyer, Law Offices Of SRIS, P.C.
What Is Attempted Sexual Offense in the Second Degree in New York?
In New York, an attempted sexual offense in the second degree is defined under NY Penal Law § 110.00 and § 130.67. It involves taking a substantial step toward committing a sexual offense in the second degree, which itself is defined as engaging in sexual conduct with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. The attempt charge does not require completion of the act; the prosecution must prove you had the intent to commit the crime and took a direct, overt act toward its commission.
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 § 130.67 (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
Attempted sexual offense charges in Manhattan are typically prosecuted as felonies. The case begins with an arrest and arraignment. The District Attorney’s Office will present evidence to a grand jury for an indictment. If indicted, your case proceeds in New York County Supreme Court. The court handles all felony sex crime cases, and proceedings are governed by strict rules of evidence, including New York’s rape shield law.
- Arraignment & Bail Hearing: You will be formally charged and a bail determination will be made at the New York County Supreme Court.
- Grand Jury Indictment: The prosecution presents evidence to a secret grand jury to secure a felony indictment.
- Pre-Trial Motions: Your sexual offense defense lawyer will file motions to dismiss the indictment, suppress evidence, or challenge the admissibility of statements.
- Discovery & Negotiation: The prosecution must disclose evidence. Your attorney will review it and may engage in plea negotiations.
- Trial: If no plea agreement is reached, the case proceeds to a jury trial in Supreme Court.
- Sentencing & SORA: If convicted, sentencing follows. A separate hearing will determine your Sex Offender Registration Act (SORA) risk level.
Potential Penalties for Attempted Sexual Offense in the Second Degree
In New York County (Manhattan), an attempted sexual offense in the second degree is a Class D violent felony, carrying a potential state prison sentence and lifelong consequences.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Attempted Sexual Offense 2nd Degree | Class D Violent Felony | Up to 7 years in state prison | Up to $5,000 | N/A | Mandatory SORA registration (min. 20 years), possible post-release supervision, loss of professional licenses, housing restrictions, immigration consequences. |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your Sex Crime Defense
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our firm-wide record includes over 4,739 case results with a favorable outcome rate exceeding 93%. We provide “Advocacy Without Borders,” offering a dedicated, case-specific approach to sex crime defense in New York. Our team understands the high stakes and the nuanced strategies required to defend against serious sexual offense charges.
Our Approach to Sex Crime Cases in Manhattan
Our defense strategy begins with a meticulous investigation. We scrutinize the prosecution’s evidence, including witness statements, digital forensics, and any physical evidence. We challenge the legality of the arrest and the admissibility of any statements you may have made. For an attempted charge, we aggressively attack the element of intent and whether the alleged actions constitute a “substantial step.” We work with independent experts when necessary to counter the prosecution’s case. Our goal is to secure the best possible outcome, whether through dismissal, acquittal at trial, or a negotiated reduction in charges.
Results may vary. Prior results do not aim for a similar outcome.
Local Presence for Manhattan Clients
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
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Our New York location serves clients facing charges at the New York County Supreme Court in Manhattan. We are accessible via all major subway lines, the FDR Drive, and the West Side Highway. We provide representation for individuals throughout Manhattan, including Midtown, Lower Manhattan, the Upper East Side, Upper West Side, Harlem, Greenwich Village, SoHo, Tribeca, Chelsea, Hell’s Kitchen, East Village, the Financial District, Chinatown, Washington Heights, and Inwood. Contact us for a 24/7 phone consultation at (888) 437-7747; all meetings are by appointment only.
Frequently Asked Questions: New York Attempted Sexual Offense Charges
What is the difference between an attempt and a completed sexual offense?
Yes. An attempt charge requires proof of intent to commit the crime and a substantial step toward its completion, but the act itself need not be finished. The penalties for an attempt are often less severe than for the completed crime, but still very serious.
Can an attempted sexual offense charge be reduced or dismissed?
It depends. A skilled sex crime defense lawyer can challenge the evidence of intent, the legality of the police investigation, or witness credibility. Pre-trial motions may lead to dismissal of evidence or the entire charge. Negotiations may also result in a reduction to a lesser offense.
What does “substantial step” mean in an attempt case?
It depends on the facts. New York law defines a substantial step as conduct that strongly corroborates the defendant’s criminal intent. It must go beyond mere preparation. A sex charges lawyer will argue that the alleged actions did not meet this high legal standard.
Will I have to register as a sex offender if convicted of an attempt?
Yes. A conviction for attempted sexual offense in the second degree is a registerable offense under New York’s Sex Offender Registration Act (SORA). You will be assigned a risk level (1, 2, or 3) at a hearing, which determines the duration and public disclosure of your registration.
Should I speak to the police if I am under investigation?
No. You have the right to remain silent and the right to an attorney. Politely decline to answer questions and immediately request to speak with a sexual offense defense lawyer. Anything you say can be used against you, even if you are innocent or believe you are explaining the situation.
Related Pages: For broader information, see our New York Sex Crime Lawyer hub. For defense in other counties, consider our Albany County sex crime attorney or Broome County sex crime attorney. For other legal needs in Manhattan, we also handle DUI defense and business law.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current legal guidance.