New York Federal Sex Crimes Lawyer
Most criminal accusations are alleged violations of state laws. For the most part, the federal government allows states to charge, try, and convict offenders according to their own laws and punishments. However, some acts are covered by both state and federal statutes. A prime example of these are sexual offenses. The federal government has a unique interest in punishing sex offenses, especially those that involve children.
As a result, a defendant may be facing charges in both state and federal courts stemming from the same alleged conduct. New York federal sex crimes lawyers represent those accused in both Federal District Courts and New York state courts against all forms of sex crimes. It can be critical to speak with an established federal crimes attorney right away.
Examples of Federal Sex Crimes
As a New York federal sex crimes lawyer knows, all crimes against the federal government must be specifically defined under the United States Code. Sex crimes specifically are enumerated under Title 18. Prominent examples of these include aggravated sexual abuse and the sexual exploitation of children.
What is Aggravated Sexual Abuse?
Aggravated sexual abuse, otherwise known as rape, this offense requires the prosecution to prove that the defendant knowingly caused another person to engage in a sexual act through the use of force or the threat of serious bodily injury. A defendant can also be charged under the statute if they take a child under the age of 12 across state lines with the intent to engage in a sexual act. The potential penalties for these acts are serious with lifetime prison terms being applicable.
Defining Child Exploitation Offenses
The sexual exploitation of children are charges involve the act of employing, enticing, or otherwise coercing any child to engage in any sexually explicit conduct for the purpose of creating child pornography. Any parent who allows their child to engage in this conduct or pushes them to do so is guilty. The statute also applies to the publishers of the content. People convicted for the first time under this statute are subject to a minimum prison sentence of 15 years up to a maximum of 30 years. Repeat offenses increase the penalties to a minimum of 25 years up to a maximum of 50.
Federal sex crimes are treated very seriously with mandatory harsh penalties. Any person convicted under these statutes faces time in federal prison. This is in addition to any simultaneous charges that a defendant is facing in state court.
Defending the Rights of the Accused
It is important to remember that the procedures in federal court cases are similar to those in state court cases. A defendant has all of the same protections provided in the Constitution in both courts and the same basic rules of evidence apply. The government always bears the burden of proof and the defendant must be found guilty by a jury beyond all reasonable doubt.
Defendants’ attorneys also have the absolute right to examine all of the evidence to be brought at trial and to cross-examine all witnesses. New York federal sex crimes lawyers use every tool at their disposal to contest the charges from arraignment to a final trial.
Help From an Attorney
Facing a federal sex crime charge is considered a serious matter. Any person facing a federal sex charge should obtain representation that is ready and able to fight for them. New York federal sex crimes lawyers help people who are charged in federal courts to clear their names and preserve their reputations. Through extensive evidentiary examination and diligent trial work, we strive to achieve desirable results possible for those accused of sex crimes.