Since 2002, lead attorney Zachary Margulis-Ohnuma has been representing both people alleged to have committed sex crimes and victims of sex crimes in New York. Sex crimes carry a special stigma, which is only made worse through sex offender registration. Each state has its own registry and a national system share information among law enforcement agencies, tracking people convicted of sex offenses nationally and internationally. The New York Sex Offender Registration Act is especially complicated, with a point scoring system, three “levels” of registration, overrides, departures, and the possibility for modifications. Once convicted, a sex offender is marked for life.
Conviction for a sex crime can be more serious than any other kind of criminal conviction. Long prison terms are normal, even for simple possession of child pornography. After prison, an offender’s name, address, and photograph may be posted on the Internet and publicized by the police. A person convicted of a sex offense is limited in the kinds of jobs he can hold and where he can live. Even a conviction of a sexual misdemeanor will affect you for the rest of your life.
Examples of Successful Outcomes in Sex Crimes Cases
ZMO Law wins sex crime cases. Every case is different and past results are no indicator of future success, In the past several years, our advocacy has led to the following results, among others:
- After a jury trial in New York Supreme Court, we obtained dismissals of five counts and acquittals on three counts in a case where an airline pilot was accused of distributing and possessing illegal child pornography by carrying an iPad into Kennedy Airport from abroad
- In the summer of 2019, our client was acquitted of three counts of sex trafficking after a trial in federal court in the Southern District of New York—two of the counts of acquittal involved allegations that he used force, fraud, or coercion to traffic adult victims; the third alleged sex trafficking a minor victim
- We have resolved separate cases charging possession of child pornography in both state and federal court with no jail or prison time for a former U.S. soldier, a businessman, a young bodega worker, an artist, and others.
- We obtained a six-month sentence in federal court for a U.K. national convicted of possessing child pornography after being charged with a child pornography offense in England years earlier
- After a co-worker accused a foreign doctor we represented of sexual harassment, he was arrested but all charges were dismissed in court so that his immigration status was not affected
- In many cases, our clients have received the lowest level of sex offender registration even after convictions for serious sex crimes including forcible rape of a stranger, child pornography, and statutory rape; Level One registration led to their information being removed from the New York State Sex Offender Registry website
* Past results are no indicator of future outcomes, each case is unique.
Types of Sex Crimes
Sex crimes include possession of child pornography, internet sex crimes and enticement, date rape, statutory rape, sexual assault, sex abuse, domestic violence, prostitution, date rape, and sex trafficking. A person accused of a sex crime in New York needs an experienced New York sex crimes lawyer. Pleading guilty to a sex crime is often a terrible idea. You need a New York sex crimes attorney on your side as early as possible—ideally before charges are even brought.
The most serious sex crimes are violent crimes such as rape, sexual assault and sex-murder. However, patronizing a prostitute, public nudity, and statutory rape (i.e. sex with minors) may also be considered sex crimes and require sex offender registration. Sex crimes can be committed “hands-on,” on the internet, or even by mail.
How are Sex Crimes Prosecuted?
Sex crimes can be investigated by the police—which includes local precinct detectives and specialized units of the New York City Police Department and the New York State Police—or by the FBI, the U.S. Postal Inspectors, or the Department of Homeland Security. For child pornography and other online offenses, investigations are coordinated through federal agencies, task forces, and a non-profit called the National Center for Missing and Exploited Children. Child pornography (known as “sexual performance by a child” under New York law) and other sex crimes can be prosecuted in state or federal court by local district attorneys or federal prosecutors, including both the United States Attorney’s Office and the Department of Justice. In New York City, federal sex offense cases are brought in the Southern District of New York or the Eastern District of New York.
What You Should Do If Accused of a Sex Crime
Immediately call us or another law firm with sex crime defense experience. The links below provide more information on particular types of sex crimes. Our blog posts provide updated information on developments in sex crime prosecutions. We can help, but one caution: determining whether a crime has or has not been committed can be complicated. It’s a legal determination made by lawyers, prosecutors, judges, and—ultimately—juries. The material on these pages is for informational purposes only: only a licensed lawyer for sex crimes can help you figure out whether you might be charged or convicted of a sex crime. Past results are no guarantee of future outcomes.
Defenses to New York Sex Crimes
ZMO Law attorneys work carefully with clients to investigate defenses to sex crimes. Defenses fall into a few categories and are driven by the facts that can or cannot be proven to a jury. For sex assault cases, there may be issues of false identification, consent, alibi, or witness credibility. For child pornography cases, there may be issues with the search, suppression of statements, whether the content is sexually explicit or lewd, and the age of the child depicted. In some sex cases, defenses turn on technology issues, such as whether the prosecutors can prove that the person they are accusing was actually the person using a device containing evidence of a sex crime. Developing defenses to sex crimes requires hard work and persistence, carefully reviewing the evidence and investigating what happened to present the person being accused in the best possible light.
Penalties and Sentencing for New York and Federal Sex Crimes
New York sex crimes statutes vary widely, with penalties ranging from probation to decades of imprisonment. In state courts, if a person pleads guilty sentencing is usually (but not always) negotiated with the prosecutor and presented to the judge for approval. For example, if a person is accused of possession of a sexual performance by a child under the New York Penal Law and offered a sentence of one year in the local jail (which is Rikers Island in New York City), their attorney can ask the assistant district attorney to agree to three months, or six months, or even straight probation without jail time. Often the request is made in a “pre-pleading memorandum,” which is submitted to the prosecutor’s office and presents positive information about the person, and what led him or her to commit the crime. Once the prosecutor and the defense lawyer’s agree, judges usually–but not always–accept the sentence they jointly recommend.
Sentencing in federal court is handled very differently. Federal pleas in the Southern and Eastern Districts of New York do not specify a sentence. They typically calculate a recommended sentence under the U.S. Sentencing Guidelines, but in federal court it is up to the judge to decide the sentence, and the Guidlines are only rarely followed in sex cases. Federal court sex crime sentencing is also driven by mandatory minimum sentences–most of the negotiation prior to a plea involves persuading the federal prosecutor not to require a plea to a mandatory minimum.
Building a Strong Defense Against Sex Crime Charges in New York
At ZMO Law, our New York sex crimes attorneys develop strategic defense plans with the sole purpose of protecting your rights. We challenge the prosecution’s narrative, scrutinize the evidence, and uncover factors that may work in your favor. Every legal option is explored to achieve the best possible outcome.
Sex crime charges carry severe consequences, but with experienced legal representation, you may be able to reduce charges, minimize penalties, or even have the case dismissed. If you’re facing allegations, don’t wait—contact ZMO Law for a confidential consultation today.