Forcible Touching (PL § 130.52) Defense Lawyer - NYC
What is forcible touching?
Forcible touching is when someone intentionally, and for no legitimate
purpose, forcibly touches the sexual or intimate parts of another person
for the purpose of degrading or abusing such person, or for sexual gratification,
or, with the same intentions, subjects someone to sexual contact on mass transit.
Forcible touching is often charged with Sexual Abuse in the Third Degree
and both are misdemeanor sex crimes in New York. Sexual abuse is, generally,
subjecting someone to unwanted sexual contact. Forcible touching is punishable
by up to 364 days in jail, and, if the victim was a minor or if there
is a prior sex offense conviction, sex offender registration would be required.
Forcible touching penalties:
- Up to 364 days in jail
- Probation for 6 years
- $1,000 fine per misdemeanor
- Possible sex offender registration
- Permanent criminal record
- Immigration consequences
Forcible touching cases in NYC
We have successfully defended numerous forcible touching cases throughout
New York City. Arrests for this offense are more common in Manhattan because
the police target crowded subway trains which are more common in Manhattan.
The Manhattan District Attorney aggressively prosecutes forcible touching
cases as the public has voiced significant alarm over the prevalence of
sex offenses committed in the subway and other crowded places in public.
It is not uncommon for the District Attorney to fight for a jail sentence
even if it is someone’s first time being arrested. In defending
cases like these, we first try to set up a case evaluation to go over
the specifics of each and every case. Because winning a case in criminal
court comes down to revealing a source of reasonable doubt, our analysis
targets discrepancies and weaknesses in the prosecutor’s case. We
seek police records, witness statements, and investigate the allegations
to see what the prosecutor claims our client did and, from there, we build
a defense that will maximize ways to get it dismissed. In a single case,
we may review hundreds of documents, images, and court filings to pursue
the best possible defense strategy. We have obtained dismissals based
on lack of proof beyond a reasonable doubt, prosecutorial error, and on
other grounds. If dismissal isn’t possible, we pursue any and all
possible ways to negotiate an outcome that avoids jail, a criminal record,
and sex offender registration. If you or a loved one has been charged
with forcible touching or any other New York City sex crime, contact us
today for a case evaluation.
§ 130.52 Forcible touching.
A person is guilty of forcible touching when such person
intentionally, and for no legitimate purpose:
1. forcibly touches the sexual or other intimate parts of another
person for the purpose of degrading or abusing such person, or for the
purpose of gratifying the actor's sexual desire; or
2. subjects another person to sexual contact for the purpose of
gratifying the actor's sexual desire and with intent to degrade or abuse
such other person while such other person is a passenger on a bus,
train, or subway car operated by any transit agency, authority or
company, public or private, whose operation is authorized by New York
state or any of its political subdivisions.
For the purposes of this section, forcible touching includes
squeezing, grabbing or pinching.
Forcible touching is a class A misdemeanor.