NYC Desk Appearance Ticket Attorneys

Sexual Assault (PL 130.55, 130.52)

(Sexual Abuse in the Third Degree, Forcible Touching, etc.)

Click here to learn more about Desk Appearance Tickets, generally.

 

Sexual assault charges such as Sexual Abuse in the Third Degree (PL 130.55) and Forcible Touching (PL 130.53) are some of the most serious charges to appear on Desk Appearance Tickets. These two charges are typically both alleged simultaneously and the differences between their elements are subtle; most notably, though, Sexual Abuse in the Third Degree is a Class B misdemeanor and Forcible Touching is a more serious Class A misdemeanor. Generally, they both involve touching people in a sexual manner without their consent.

 

These charges are very serious for defendants because prosecutors routinely refuse to offer plea bargains that do not result in criminal convictions and records. Also, a conviction for one of these charges can potentially result in registration as a sex offender, even for first-time offenders.  Registration as a sex offender is an enormous burden for a defendant to have to suffer and has potentially tragic consequences for one’s employment, travel, and residency. Conviction for one of these charges can also definitely result in immigration consequences for non-citizens. 

 

The maximum legal penalty for a conviction of this Class A misdemeanor charge is one year in prison. One can also be sentenced to three years of probation. There are also a whole host of other potential consequences to these arrests and convictions - see at the bottom of the page for a more exhaustive list, and call us if any of those items may apply to you.  Notably, if you are a non-citizen, a conviction for this crime can have serious negative consequences for you, including potential future inadmissibility or even present deportability. Some seemingly excellent dispositions may also jeopardize your ability to get or renew a visa.  Click here to learn more.  

 

Sexual assault charges contained in Desk Appearance Tickets usually happen at bars or nightclubs or in the transit system. Sometimes the parties involved are acquaintances but most typically they are strangers. 

 

Strategies for Success

Thorough investigation of these cases is key. Surveillance video footage must be obtained whenever possible, copies of 911 recordings should be demanded, and eyewitnesses should be interviewed. Undercover police officers frequently observe the alleged incidents themselves when they occur on subway trains, and those cases can be especially difficult to defend. However, our team of lawyers includes a former Manhattan sex crimes prosecutor that has investigated many sexual assault and forcible touching cases on both sides.  He and his colleagues have been successful in getting dismissals and very favorable plea-bargains for many professionals accused of these crimes, allowing them to avoid negative job consequences, deportation, or registration as sex offenders.    

 

The potential penalties from this Desk Appearance Ticket:

Up to 1 year in jail.

Up to 3 years of probation.

Community service.

Rehabilitation programs like Mustard Seed or behavioral counseling.

Immigration consequences including deportation.

Employment problems.

Orders of protection.

Civil lawsuits for damages may also ensue.

Registration as a sex offender.