Laws and penalties vary depending upon the state in which the crime is committed and punished. If you are facing charges regarding sexual assault, it is important to know how they are punished within your state. Often the severity of the punishment has to do with the presence of certain factors. Understanding this allows for a greater clarity during the defense-building efforts.
In the state of New York, it is a class D felony to commit assault of a sexual nature. There is a minimum sentence and a maximum sentence limit that the judge is limited to. Within this range what the judge sets is an indeterminate sentence, meaning the judge won’t actually set a specific term. From there, the judge sets his or her own minimum and maximum range in which the defendant has the real possibility of serving the minimum if the convicted person exercises good behavior while in prison, as well as other factors. According to New York, the maximum sentence is 7 years. The minimum is 1 year.
If you have been charged with a sexual crime, then you are at least beginning to understand how important it is for you to procure the assistance of a knowledgeable criminal defense attorney well-versed with New York law and the caveats of sentencing. If your charge cannot be dropped it may be possible for you to receive a minimum sentence as long as it can be demonstrated that you are not a threat and that certain, more offensive factors may be lacking. Your attorney may be able to review the circumstances of your case and present them to the court in a better way.