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Attorney Advertising: Website content for informational and educational purposes only and should not be substituted for speaking with an attorney.  All cases are different, and past results do not guarantee future outcomes. All fees must be finalized in writing and may vary based on the circumstances of a case.

Sex Offenses


Accuser
Statutory Rape
Reduction of Offender Registry and Removal from Offender Registry
Double Jeopardy Exception
Gay, Lesbian, Bisexual, and Transgender

Today, many first offenses—including some misdemeanors—will result in lifetime registration on the New York Sex Offender Registry. Although the sex offender registry was originally designed for serial rapists and molesters, the government has expanded the range of offenses that will place a defendant on the registry. According to many people, placement on this registry is more punishing than a prison sentence.

Few lawyers have experience with these cases, leading to unsuspecting defendants pleading guilty to lesser offenses without understanding the full range of consequences.

It is extremely important for a defendant to hire a knowledgeable lawyer and to stay as far away as possible from the sex offender registry. An experience lawyer will use a number of strategies to avoid the sex offender registry, even in a plea bargain, and to allow the client only to accept pleas to non-sexual offenses. For example, if the prosecutor offers Third Degree Sexual Abuse, a misdemeanor, an experienced lawyer will push for Third Degree Assault. The first crime results in the sex offender registry, the other does not.

Many people do not belong on the sex offender registry or their offender level is way out of line with their sentence. A person’s offender level determines what restrictions apply, and even the lowest offender level creates long-term consequences. A Level 3 Offender will face the most restrictions, may have his information sent to an entire  neighborhood, and must register every 90 days. A Level 2 offender still has an online profile, and a Level 1 offender will not appear on public websites but schools will receive information about these offenders. All three offender levels have other subcategories, rules, and restrictions.

Depending on the offender level, sex offender registration may prevent housing and employment. Due to the harsh consequences of the sex offender registry, a person will need a first rate defense lawyer to navigate through these complex laws and to protect him from the government’s imposition of humiliation, shaming tactics, and harassment, which will continue for decades and perhaps for life.

Most lawyers have little experience with sex offenses. Consequently, these lawyers may treat these cases like any other. Unfortunately, this can lead to a lack of preparation in an area of the law that requires careful investigation, planning, and research. A busy law firm or a series of public defenders may not investigate the circumstances of a sex offense accusation well enough to understand the details and to provide an effective defense. The Law Office of Adam Bevelacqua always investigates the unique facts of each case and uses successful legal strategies for keeping a client away from the sex offender registry.

Accuser

More than in any other type of case, a sex offense accusation rests on the believability and motivations of the accuser. A lawyer must investigate and research an accuser to uncover a possible pattern of false accusations, threats against the defendant, mental instability, a motivation to harm the defendant, or a history of criminal activity and deception. Many false accusations come from ex-wives or ex-girlfriends.

Additionally, child accusers present special problems. Children can be unreliable, mentally disabled, or unduly influenced by an adult. An angry parent may manipulate a child into lying for personal gain. Sometimes, the police put undue influence on a child with leading questions and suggestive methods. In serious cases like sex offenses, the lawyer must take the time to investigate the child’s history, to treat the child sensitively during a hearing or trial, and to reveal the problems or inconsistencies with the testimony.

The most effective lawyer will have Family Court experience and experience working with children and adolescents in legal proceedings. 

Statutory Rape

In the most common cases, an angry parent or ex-girlfriend will file charges against a boyfriend. If the prosecution convicts the defendant of having sex with a technically-underage partner, the defendant may end up on the sex offender registry for 30 years or longer. In these cases, it is important for the defense lawyer to investigate the details closely and to reveal the motivations of the accuser.

The accuser’s credibility plays a central role because the prosecution must prove the exact time of the sex and the exact actions performed, otherwise they cannot prove that the accuser was a minor at the time of the sex or that sex occurred at all.

The Law Office of Adam Bevelacqua will scrutinize each element of an accusation to shield a client from unjust charges.

Reduction of Offender Level and Removal from Offender Registry

Even if a defendant has lost a criminal case, forcing him onto the sex offender registry, the offender level can be lowered or eliminated based on a number of factors, including a clean post-conviction record, employment, close family, community ties, and other evidence of good character. The lawyer must write a detailed report based on information from family, friends, therapists, or doctors, arguing a number of specific points to convince a judge that the client will not reoffend.

The lawyer must coordinate with the judge and the Board of Examiners of Sex Offenders, presenting evidence and recording it on a Risk Assessment Instrument (RAI). An experienced lawyer will argue for a low score on each section of the RAI to reduce the overall offense level.

A petition for adjusting an offender’s status must be carefully argued by a knowledgeable and committed defense lawyer.   The Law Office of Adam Bevelacqua handles all sex offense cases from arrest to trial and all registration adjustments or removals.

Double Jeopardy Exception

Beware: After a prison sentence, probation, or parole, the state can attempt to force a person into a sex offender “colony” by arguing that he is a future danger to society. The state can use any sex offense conviction as the basis for this action. Instead of prison, the defendant will be forced into an upstate mental facility for an indeterminate amount of time, possibly the rest of his life.   Unfortunately, the Supreme Court allows for this exception to double jeopardy, making it all the more important to mount a good defense.

The Law Office of Adam Bevelacqua has experience with protecting clients against the government’s use of the Mental Hygiene Law as a loophole for avoiding double jeopardy.

Gay, Lesbian, Bisexual, Transgender

In recent years, the police have targeted gay men and transgendered persons for sex crime prosecutions. Often, these are petty charges taking place at a bar or a porn shop. Yet, a misdemeanor conviction may result in lifetime sex offender registration. I despise the targeting of any minority group and will fight to keep a client’s record clean.

The Law Office of Adam Bevelacqua will provide a first-rate defense against all sex offenses, including an adjustment of sex offender level and removal from the sex offender registry.  The Law Office of Adam Bevelacqua charges reasonable flat fees based on the number of charges and the details of the case. 

Contact the Law Office of Adam Bevelacqua at (917) 656 - 7076 or bevelacqualaw@gmail.com and speak to a criminal defense lawyer immediately.