New York Criminal Attorney Blog
In an April 2023 case before an appellate court in New York, the defendant, a convicted sex offender, appealed a lower court’s decision to designate him as a level three sex offender under the sex offender registration act (SORA). After the defendant was charged with and convicted of rape, the State asked for the defendant to be registered as a sex offender in the state of New York. When the defendant thought that the lower court unfairly assessed his risk level to the community, he appealed, and the higher court ultimately agreed with his argument, granting his appeal.
Facts of the Case
According to the opinion, the defendant was originally charged after he raped a woman and threatened violence against her. Apparently, he told the woman that if she did not have sex with him, he would use a machete against her. He claimed that he kept a machete under his bed, although there was no evidence on the record that the defendant actually owned a machete or had one available to him.
The defendant was convicted of rape in the third degree. The State then asked the court to register him according to the Sex Offender Registration Act. This process means that the court must determine the defendant’s risk level to the community, which involves assigning him a numerical value that indicates how dangerous he might be in the future.
The court assigned the defendant 30 points on this registry for use of a dangerous instrument. He promptly appealed this decision.
The Decision
The court had decided the defendant’s number based on several factors, including the use of force and the fact that he was armed with a dangerous instrument. While the defendant admitted that he had used force in the offense, he argued there was no proof he was armed with a dangerous instrument. In fact, said the defendant, he had only threatened to use the machete – there was no reason for the court to think he actually possessed a weapon under his bed.
The court ultimately agreed with the defendant. It would, therefore, deduct points from the defendant’s number because there was no proof that he was armed with a dangerous instrument. Therefore, the defendant’s new number was reduced by 30, indicating to the public that he is at a lower risk for future violence. However, the Appellate Court also decided that there was reason to upwardly depart from the presumptive calculation and kept the defendant as a level 3 sex offender.
Have You Been Charged with a Violent Crime in the State of New York?
At the Law Office of Tilem & Associates, we work hard every day to help our clients preserve the things they value most. We have been representing individuals in criminal cases for over 25 years in New York, and our unmatched experience, as well as our personalized approach to cases, make us uniquely equipped to handle your criminal charges. If you are on the lookout for an attorney, call us as soon as possible. For a free and confidential consultation, we can be reached at 877-377-8666. You can also fill out our online form to have your questions answered and tell us about your case. We handle all types of serious criminal cases, including those involving allegations of rape and other instances of sexual assault.