Child Molestation Attorney in Nassau County
Former Prosecutors Defending Sex Crime Allegations in Nassau County
A charge or accusation involving a child carries consequences unlike almost any other criminal matter. Careers, families, and freedom can be affected before a single court date. Lerner & Lerner, P.C. is led by Richard Lerner and Kimberly Lerner, a father-daughter team of former prosecutors with over 70 years of combined criminal law experience. We handle sex crimes in Nassau County with urgency and strict discretion.
If you or someone you know is facing an accusation or charge in this area, contact us now for a free consultation. Call (516) 586-0383 to speak with our team.
What “Child Molestation” Means Under New York Law
“Child molestation” isn’t a defined offense in the New York Penal Code. It’s a term that describes a range of sex crimes in which the victim is a minor. Under New York law, a person under the age of 17 can’t legally consent to a sex act, and sexual contact is defined as touching the sexual or intimate parts of another person for purposes of sexual gratification.
Several distinct Penal Law offenses can be charged under this general term:
- Sexual Abuse in the First Degree (Penal Law § 130.65): Applies when sexual contact involves a victim under eleven years old, or a victim under thirteen when the actor is twenty-one or older
- Sexual Abuse in the Second and Third Degree: Cover additional age and circumstance combinations involving unlawful sexual contact
- Course of Sexual Conduct Against a Child: Addresses repeated acts of sexual conduct over a period of time
- Predatory Sexual Assault Against a Child: Charged when an offender eighteen or older commits certain first-degree sex offenses against a victim under thirteen
- Criminal Sexual Act, Rape, and Forcible Touching: May also be charged depending on the specific allegations and the ages involved
Felony Classifications & Sex Offender Registration
The penalties attached to these charges are severe. Sexual Abuse in the First Degree is a class D felony carrying up to seven years in prison. Predatory Sexual Assault Against a Child is a class A-II felony with a minimum sentence of ten years and a maximum of life imprisonment. These aren’t charges where a wait-and-see approach is advisable.
Beyond incarceration, a conviction on a registrable sex offense triggers mandatory registration under New York’s Sex Offender Registration Act (SORA). Registration obligations continue long after any prison sentence ends and can affect where a person can live and work.
How Nassau County Prosecutes These Cases
The Nassau County District Attorney’s Office has a dedicated Special Victims Bureau that handles sexual assault, domestic violence, and child abuse cases. These prosecutors are experienced and work closely with police and forensic interviewers, often as part of a multidisciplinary team, before charges are formally filed.
Felony arraignments begin at Nassau County District Court in Hempstead. When a grand jury returns an indictment, the case moves to Nassau County Court in Mineola. Our background in prosecuting cases in this county gives us firsthand knowledge of how that process unfolds at every stage.
Defense Strategies in Child Sex Crime Cases
Every case turns on its own facts. Many allegations in this area rest heavily on credibility and the circumstances under which the accusation arose. We examine how an accusation developed, whether forensic interviews were conducted properly, and whether physical or digital evidence supports or undermines the charge.
Depending on the facts, additional defenses may apply:
- False Accusation: Allegations in these cases sometimes stem from family conflict, misunderstanding, or other factors unrelated to any criminal conduct
- Romeo and Juliet Exception: New York law carves out certain sex offense statutes where the individuals involved are close in age and the contact was otherwise consensual
- Statutory Marriage Defense: Applies to certain New York sex offense charges involving minors under specific circumstances
Why Clients Facing These Charges Come to Lerner & Lerner, P.C.
Our former-prosecutor background is directly relevant here. We understand how the Nassau County District Attorney’s Special Victims Bureau builds these cases because we’ve been on that side of the table. That knowledge shapes how we investigate, negotiate, and argue on your behalf.
Both Richard and Kimberly Lerner hold the AV Preeminent rating from Martindale-Hubbell, the highest distinction available through that peer-review process. Kimberly Lerner was selected for the 2013 Super Lawyers Rising Stars list and is a recognized legal correspondent on MSNBC, CNN, and Fox News. We treat every sex crime matter with strict confidentiality, advising clients on privacy concerns and working to limit unnecessary exposure of personal details.
Start with a Free, Confidential Consultation
Time matters in these cases. The earlier we can review the facts and advise on how to respond, the more options may be available. We’ll listen to your situation and explain what to expect going forward.
Your first consultation is free. Call (516) 586-0383 to reach Lerner & Lerner, P.C. and take the first step toward protecting your rights.
