Legal Question in Criminal Law in New York
i was convicted in 2006 for forcible touching and required to register as a level 1 SO... since I was on probation and not allowed internet access I was uncapable of doing any kind of research and I was informed after almost 3 years by my probation officer that the only way I would ever get off probation early was to violate one of the conditions... so, I did... and went to county jail for a 4 month sentence.. Now that I have been out for about 6 months I have been looking into my case and there are some things that dont make sense..
First, I was charged with forcible touching but on my registration form completed by the courts it states that force was not used... also, it state devient sexual intercourse but there was never any claim of sexual intercourse.
Second, Penal Law Article 130 states that forcible compulsion means to compel by either use of physical force or a threat, express or implied, placing a person in fear of immediate death or physical injury to themself or another person, or immediate kidnapping...
There were no claims of any type of threats, expressed or implied during the case.. The conviction of forcible touching was a plea but my question is how can I be convicted of forcible touching when the courts stated no force was used and there are clearly mistakes in paperwork filed to the state. any way to appeal?
1 Answer from Attorneys
Forcible touching and sexual deviate intercourse have specific definitions when used in the legal context. The definitions can be found in the relevant statute. To best answer your questions you shoould request the examiners paperwork, score sheet and summary as well as a transcript of the SORA hearing. This will have the information the court relied on in making its determination. Also see the SORA statute for resentencing provissions.
Good Luck
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