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What is the standard sentence for second degree sexual assault under NY criminal code?

New Windsor, NY |

Someone was accused of rape but found not guilty of first degree sexual assault but guilty of second degree sexual assault

Attorney Answers 2


Not likely. There is no sexual assault statute. He could have been found guilty of Sexual Abuse, aggravated sexual abuse, Sexual act or course of sexual conduct against a child all in the second degree.

Sentencing for these crimes range from probation to many years in Prison, depending on the crime charged.

Generally there is no "standard" sentence for any crime in NY. There are mandatory minimums and there are maximums but no standard. With that said, Sentencing often depends on a myriad of things including the relationship between the actor and the victim, the age of each and the age difference. The acts and the issue of "consent". The background of the individual who is accused and the recommendation of the victim and the probation officer as well as any expert the defense offers on these issues.

The best way to help your friend is to gather letters of support, help his attorney gather information about his background, family, work and school experiences and ask the lawyer what else they feel they need to help your friend get a fair and favorable sentence.

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As Mr. Colleluori has already stated, there is no such crime of sexual assault in NY. There is a vast range of sex related offenses which all can be found under Article 130 of the Penal Law. It would be helpful to find out what crime was actually charged. Sentence ranges have a broad range depending on different factors including the age of the defendant, prior felony convictions and class of the charge.

DISCLAIMER: This answer to a short question is provided solely for general informational purposes and based on general legal principles and court practice. This answer does NOT constitute legal advice, create an attorney-client relationship, or constitute attorney advertising

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