New York Criminal Attorney Blog
One set of tools that defendants can use throughout the course of their litigation is psychological testing and accompanying expert opinion. For some defendants, if a qualified expert can testify that the defendant is not at high risk of re-offending, the court will sentence the defendant more leniently. In one recent case before the Appellate Division, Third Department, the court decided that the defendant’s test results should have resulted in a downward departure of his sex offender registration (SORA) risk level. The case marks a win for the defendant, who asked the court to keep his psychological test results in mind when making a decision.
Originally, the defendant pled guilty to four counts of felonious sexual assault as well as misdemeanor charges related to the provision of alcohol to a minor. The trial court sentenced him to time in prison, and when he was released, the Board of Examiners of Sex Offenders classified him as a risk level two sex offender under the Sex Offender Registration Act. The defendant appealed, arguing he should have been classified as a level one offender, which would indicate to the public that he was not at high risk for reoffending.
The court agreed with the defendant that level one would have been more appropriate. The court’s reasoning rested on results of the defendant’s psychometric testing and of the testers’ expert opinions. Two professional evaluators tested the defendant, one a clinical social worker and the other a psychologist. According to both test results, the defendant was at a low risk of reoffending. The defendant had strong familial support, he was undergoing a difficult time when he originally offended, and he did not have a tendency to inappropriately act on feelings of anger.
The higher court ruled that the lower court should have more strongly considered these test results when deciding the defendant’s risk level. Accordingly, the court granted the defendant’s appeal and moved him down from a level two to a level one.
When executed correctly, psychological tests can offer a huge benefit to defendants who are facing convictions and punishments for their convictions. There is a wide variety of options available, and an expert New York sex crimes attorney should be able to help you figure out what kind of test would make sense for you. Through a psychological test, the trial court can gain more insight into the entirety of a defendant’s circumstances, and this can work out positively for those hoping to tell more of a holistic and convincing story in their defense strategy.
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