Sexual Assault Defense in Nassau County
Contacted by Police About an Article 130 Allegation? Speak With Former Prosecutors First
If detectives want to question you about a sexual assault allegation, you can seek legal advice before answering substantive questions. An investigation may lead to an arrest, arraignment, order of protection, or formal charges, and statements made early in the process can become part of the prosecution’s case.
New York doesn’t use sexual assault as the name of a single criminal charge. Allegations may instead involve rape, sexual abuse, forcible touching, aggravated sexual abuse, or another offense under New York Penal Law Article 130. We represent people across Nassau County who are under investigation, have been arrested, or face formal charges. Preserve relevant text messages, social media content, location data, photographs, and other records. Follow any order of protection, and avoid contacting the complainant directly or through someone else.
Call (516) 586-0383 for a confidential consultation with our sexual assault defense lawyers before speaking with investigators.
Current Charges Under New York Penal Law Article 130
The statutory name and degree of the charge matter. Article 130 changed effective September 1, 2024, including amendments to its terminology and treatment of conduct formerly charged under criminal sexual act provisions. Older records and online materials may still use those legacy labels, but current allegations must be evaluated under the law that applies to the alleged conduct.
Current Article 130 offenses include:
- Rape: Rape in the first degree, rape in the second degree, and rape in the third degree.
- Sexual abuse: Sexual abuse and aggravated sexual abuse in multiple degrees.
- Contact offenses: Forcible touching and sexual misconduct.
- Child-related offenses: Course of sexual conduct against a child and related charges based on age and alleged conduct.
- Other offenses: Facilitating a sex offense with a controlled substance and predatory sexual assault.
The prosecution must prove every element of the charged offense beyond a reasonable doubt. Those elements may involve the nature of the alleged conduct, lack of consent, forcible compulsion, age, incapacity to consent, use of a controlled substance, or an alleged pattern of conduct. Each charging document requires careful review because the applicable elements and potential penalties depend on the specific offense and degree.
How an Article 130 Case Moves Through the Courts
An investigation can begin well before an arrest. Detectives may request an interview, seek digital records, speak with witnesses, or collect medical and forensic evidence. We advise clients during investigations and evaluate what police are requesting before a client makes a statement or consents to a search.
After an arrest, arraignment is the first court appearance. The court addresses the charge, considers release conditions, and may issue an order of protection restricting contact or communication. We explain the conditions imposed, upcoming deadlines, and the next procedural decisions.
A defense evaluation may examine:
- The accuracy, consistency, and context of witness statements.
- Communications relevant to consent, identity, timing, or the relationship between the parties.
- Medical and forensic evidence, along with relevant digital records.
- The complainant’s legal capacity to consent under the alleged circumstances.
- Whether police questioning, searches, or seizures complied with constitutional requirements.
- Whether motions can challenge evidence or address legal defects.
Discovery, motion practice, negotiations, and trial preparation depend on the charge, evidence, and procedural stage. We handle felony and misdemeanor defense cases through court proceedings, negotiations, and trial preparation. If sentencing or appellate issues arise, we assess the available options under the record and applicable law.
Two Former Prosecutors With More Than 70 Years of Combined Experience
Our father-daughter defense team, Richard Lerner and Kimberly Lerner, brings more than 70 years of combined experience in New York criminal courts. Both are former prosecutors. That background informs how we assess witness accounts, charging theories, negotiations, and the evidence the government may present at trial.
Kimberly Lerner has appeared as a legal correspondent on MSNBC, CNN, and Fox News. Members of our team have received Super Lawyers recognition, and our firm holds an AV Preeminent rating from Martindale-Hubbell. We apply that experience to explaining the allegations, tracking deadlines, and preparing clients for each stage while preserving the distinction between an accusation and a conviction.
Where Article 130 Cases Are Heard in Nassau County
The court depends on the charge and procedural stage. Nassau County District Court has trial jurisdiction over misdemeanors and preliminary jurisdiction over felonies. Nassau County Court conducts felony trials.
The Nassau County District Attorney’s Special Victims Bureau prosecutes cases involving sexual offenses, child abuse, domestic violence, and abuse of vulnerable people. A defendant may need to address release conditions, orders of protection, discovery, and court appearances while the allegations are evaluated or prosecuted. We serve people throughout Long Island, including Elmont, Hempstead, and Syosset.
Get Guidance Before Your Next Statement or Court Date
If police have contacted you, you’ve been arrested, or you’ve received charging documents, contact us to discuss the allegation and your immediate obligations. A confidential consultation allows you to share sensitive facts directly with counsel rather than making unnecessary statements to investigators or others.
Our attorneys are available 24/7 to speak with people seeking criminal defense counsel across Long Island. We can review the status of the investigation or case, explain the next legal decision, and help you prepare for an upcoming interview or court appearance.
Call (516) 586-0383 to request a confidential consultation with Lerner & Lerner, P.C..
