New York Criminal Attorney Blog
In a recent case involving a New York Sex Crime , the defendant successfully appealed his conviction of predatory sexual assault against a child. The defendant was originally found guilty in November 2016, after he went through a jury trial based on his charges and received an unfavorable verdict. He was sentenced to time in prison, but he successfully appealed the decision.
Facts of the Case
According to the opinion, the defendant sexually abused several children below the age of 13 at his residence in New York. The year before he was charged, the defendant watched the children various times in his home, given that the children’s parents were neighbors of his and used the defendant as a babysitter when they had to leave the building. On several different occasions, the children’s parents had dropped them off at the defendant’s home, and he had committed some kind of predatory sexual assault on the children during these visits.
The Opinion
The defendant was convicted of two counts of predatory sexual assault as well as endangering the welfare of a child. On appeal, the defendant argued that the predatory sexual assault conviction should be reversed, and the court ended up agreeing with his argument. According to the defendant, an individual is only guilty of predatory sexual assault against a child in the first degree when he commits the crime at least twice over a period of three months or more. Here, said the defendant, while there was evidence that he had assaulted the children in question, there was insufficient evidence to support the claim that this activity had happened over a period of at least three months. Thus, the defendant’s actions did not align with the definition of the crime, and his conviction should be reversed.
The court considered the defendant’s argument and ultimately agreed with him. Looking at the trial record, the court noted that the prosecution had not brought forth any evidence regarding the time period over which the sexual abuse was said to have occurred. Given the fact that the time period of three months is an essential element of this claim, the indictment and sentence needed to be reconsidered. Without proof of the time period over which this crime had been committed, said the court, this particular count of the indictment should be dismissed. It is important to note that under New York Criminal law the burden is on the prosecution to prove every element of every crime beyond a reasonable doubt
While the defendant’s conviction of endangering the welfare of a child was upheld, his first conviction was reversed and the sentence imposed was adjusted accordingly.
Have You Been Charged with a Sex Crime in New York?
If you are facing sex crime charges in New York, call our office at Tilem & Associates. Our attorneys offer the personalized legal solutions and attention you need because we recognize that every case has its own set of circumstances and thus requires its own plan of attack. For the effective and persuasive representation that you deserve, call us today and receive a free and confidential consultation. We can be reached at 914-415-6688.