The specific charge sets the range
New York does not use a single charge called sexual assault. Its Penal Law divides sexual offenses into many separate crimes, from misdemeanors to serious felonies, depending on the conduct alleged and circumstances such as force or the age of the person involved. The possible sentence follows the specific charge and the person's prior record, and federal cases follow federal statutes and the federal sentencing guidelines. Many cases are resolved by a plea to a different count than the one first charged, which changes the range and sometimes the registration consequences. For these reasons, general figures found online often do not fit a particular case.
Consequences that outlast a sentence
A conviction for many sexual offenses requires registration under New York's Sex Offender Registration Act, and a court hearing sets a risk level that affects how long registration lasts and how much information is made public. Prison sentences for felony sex offenses are generally followed by a period of post-release supervision, with conditions that can affect where a person lives, works, and goes online. Courts usually issue orders of protection, which can last well beyond the sentence itself. Non-citizens may face removal and bars to future immigration benefits. Professional licenses, employment, housing, and family court matters can all be affected. For many clients, these consequences weigh as heavily as the sentence.
Where the defense can make a difference
Early decisions often shape the result as much as anything said at sentencing. At the outset we read the charge, the complaint or indictment, and any statements already made to police. We discuss what the prosecution's evidence appears to be and what is missing, which defenses may be available, and how a plea to a different count would change registration and immigration effects. We also explain the order of protection and the importance of having no contact with the complaining witness, directly or through anyone else. If the case is still under investigation, we discuss whether and how to respond to detectives.
