Nassau County forcible touching attorney Russ Kofman (https://www.lebedinkofman.com/what-is-forcible-touching-in-new-york/) of Lebedin Kofman LLP has recently shared insights into New York’s laws concerning forcible touching, addressing the challenges of these charges and the importance of legal defense. Forcible touching is a criminal offense under New York Penal Law Section 130.52, often arising from incidents in public transportation and other crowded spaces. With the growing frequency of such allegations, Kofman emphasizes the need for individuals accused of this crime to seek skilled legal representation promptly.
In a recent article, Russ Kofman explains that forcible touching occurs when someone intentionally and without a legitimate purpose touches another person’s sexual or intimate parts. The purpose behind such an act must be either for the perpetrator's sexual gratification or to degrade or abuse the victim. Kofman, a Nassau County forcible touching attorney, underscores how easily these situations can arise, especially in dense, crowded areas such as subways and buses.
According to Kofman, the law was amended in 2015 to criminalize acts of forcible touching on public transportation specifically. This adjustment was aimed at deterring individuals from exploiting the crowded nature of public transport to commit inappropriate acts. As the Nassau County forcible touching attorney points out, while this amendment offers reassurance to the commuting public, being falsely accused of forcible touching can have devastating personal and legal consequences.
“A wrongful accusation of forcible touching can severely impact a person's reputation and future,” states Kofman. “The penalties for forcible touching are serious, and even if the incident was accidental or a misunderstanding, the accused may face significant legal consequences.”
Kofman elaborates that forcible touching is classified as a Class A misdemeanor in New York. If convicted, an individual could face up to one year in jail, along with potential probation, community service, and other penalties. Even a first-time offender may not escape the serious ramifications that come with such charges, which can include a permanent criminal record and registration as a sex offender under certain conditions.
New York Penal Law 130.52 sets strict criteria for proving forcible touching, requiring that the prosecution demonstrate the following elements: the defendant must have intentionally made physical contact with the victim’s sexual or intimate parts, without consent and for an improper purpose. These accusations frequently arise in situations where victims claim to have been touched inappropriately in public spaces, such as subways, buses, and other crowded environments. Kofman, an experienced Nassau County forcible touching attorney, is aware of how crucial it is to discern between accidental and intentional contact in such cases.
A key aspect of defending against forcible touching charges is proving the absence of intent. According to Kofman, establishing that the act was unintentional and accidental can significantly impact the outcome of a case. New York law stipulates that for a forcible touching charge to stand, the act must be proven to be intentional, without legitimate purpose, and done with the intent of degrading or sexually gratifying the perpetrator.
Aside from intent, consent is another pivotal factor in these cases. Under New York law, if it can be shown that the contact was consensual or misunderstood, the defense may have grounds to challenge the allegations. Kofman stresses the importance of mounting a solid defense strategy and consulting a knowledgeable forcible touching attorney who can offer professional insights on sex crimes such as forcible touching.
“The stigma of being accused of forcible touching can be overwhelming, both personally and professionally,” Kofman remarks. “However, an experienced forcible touching attorney can help defend against these charges and work toward achieving the best possible outcome.”
While forcible touching is considered a lesser offense compared to felonies such as rape or sexual assault, the repercussions of a conviction can still be severe. Kofman explains that beyond the immediate penalties, such as jail time or probation, those convicted may also face lasting damage to their personal and professional lives. In particular, repeat offenders or individuals who commit forcible touching against minors may be required to register as sex offenders under New York’s Sex Offender Registration Act.
Kofman urges those who are accused of forcible touching to seek legal assistance immediately. The team at Lebedin Kofman LLP has extensive experience defending clients against sex crime charges, including forcible touching. With a deep understanding of New York's legal system and a commitment to protecting the rights of their clients, Kofman and the team can offer strong representation for those facing these difficult situations.
About Lebedin Kofman LLP:
Lebedin Kofman LLP is a law firm based in Nassau County, New York, well-versed in criminal defense. With a reputation for providing skilled legal representation, the firm can handle a wide range of cases, including sex crimes, forcible touching, and other criminal charges. The team at Lebedin Kofman LLP is dedicated to defending their clients' rights and achieving favorable outcomes.
Email: info@lebedinkofman.com
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Lebedin Kofman LLP
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Russ Kofman
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Garden City
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New York
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11514
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https://www.lebedinkofman.com/nassau-county-criminal-lawyer/
