Legal Question in Criminal Law in New York

oral sex

Will I get prison time for a first offense? I am 18 and received oral sex from a 14-year old girl on her own free will and I was charged with a felony complaint of Criminal Sex Act 2ND, and a Misdemeanor of Endangering The Welfare Of A Child. If guilty Will I get prison time even with a clean record?


Asked on 8/04/06, 9:16 pm

1 Answer from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: oral sex

The fact that you have bo previous record can be beneficial but depending on the crime it may also be inconsequential for sentencing and the possibility of jail time is very real in these circumstances. Some things that are real positives in your case are primarily the fact that there is less than five years of difference between the two of you, which new york state looks at in determinations of statutory rape. The fact that she has consented means NOTHING - in New York state she has no right to consent as she is legally under the age of majority to make such decisions, this will not really help you very much. Your best option is to ensure you have a good attorney who can work out a good deal, or represent you at trial properly, and ensure that you get a deal that involves no time. Please feel free to contact my office regarding this, or any other, matter #2127098303.

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Answered on 8/05/06, 11:11 am


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