If you were charged with forcible touching in Queens, Brooklyn, Manhattan, The Bronx, or Staten Island, then contact an experienced attorney at the Law Office of Rochelle S. Berliner.
Although forcible touching is a class A misdemeanor, it also alleges a touching of sexual or other intimate parts. The collateral consequences to the allegations can be devastating.
Attorney for Forcible Touching in Queens
One of the most common defenses is that the touching did not occur, the touching was an accident, or that the complaining witness consented to the touching only to later make a false allegation.
Call 718-261-5600 for a free consultation to discuss the charges, possible defenses and motions that can be filed to fight the charges.
Elements of New York's Forcible Touching Statute
One of the best ways to understand a criminal offense is to read the standard jury instructions for Penal Law Section 130.52.
Under New York law, a person is guilty of Forcible Touching when he or she intentionally, and for no legitimate purpose, 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.
Some of the terms used in this statute have the own special meaning under New York's laws.
"Forcibly touching another includes squeezing, grabbing, pinching, rubbing or other bodily contact involving the application of some level of pressure to the victim's sexual or intimate parts." Penal Law §130.52 and People v. Guaman, 22 N.Y. 3d 678 (2014).
Intent means conscious objective or purpose. Thus a person "Intentionally" forcibly touches the sexual or other intimate parts of another person when that person's conscious objective or purpose is to do so. Penal Law § 15.05 (1).
According to the standard jury instructions, in order for the jury to find the defendant guilty of forcible touching the prosecutor is required to prove, from all of the evidence in the case, beyond a reasonable doubt, each of the following three elements:
- That on or about (date), in the county of (county), the defendant forcibly touched the sexual or other intimate parts of (complainant's name) for the purpose of degrading or abusing him/her, or for the purpose of gratifying the defendant's sexual desire;
- That the defendant did so intentionally and for no legitimate purpose; and
- That the defendant did so without the consent of (complainant's name) in tha he/she did not expressly or impliedly acquiesce to the defendant's conduct.
Enhanced Penalties for Repeat Offenders
Certain enhanced penalties apply under Section 130.53 for an individual accused of forcible touching who also has a prior record of similar offenses. Persistent sexual abuse is a class E felony. Section 130.53 for persistent sexual abuse provides:
A person is guilty of persistent sexual abuse when he or she commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article,
within the previous ten year period, has been convicted two or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree as defined in section 130.55 of this article, sexual abuse in the second degree, as defined in section 130.60 of this article, or any offense defined in this article, of which the commission or attempted commission thereof is a felony.
Punishments for subway grinders equal those of pervs who grope: Court of Appeals - New York's highest court unanimously ruled that rubbing your genitals against another person merits a charge of 'forcible touching.' By Glenn Blain, DAILY NEWS ALBANY BUREAU (February 26, 2014).
Finding an Attorney in Queens for a Charge of Forcible Touching
If you were accused of forcible touching in New York, you will want to be sure that you have experienced legal counsel. Queens criminal defense lawyer Rochelle Berliner has over two decades of experience in the criminal justice system.
The Law Office of Rochelle S. Berliner defends clients accused of sex crimes in all five boroughs of New York City, including the Bronx, Brooklyn, Manhattan, Staten Island, and Queens. Call 718-261-5600 or submit an online form today to schedule a free initial consultation.
Rochelle Berliner grew up in Queens, NY. She started New York Law School in January 1989 and graduated in June 1991. Immediately after law school, she started working at the New York County District Attorney’s Office, where she stayed for approximately 14 years...
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