Child Molestation Lawyer in Westchester County

Protecting Your Rights & Reputation - Our Commitment

At Riebling & Payton, PLLC, we understand the stress and uncertainty that can accompany a child molestation charge. Being charged with such a serious crime can be daunting and life-changing, impacting your reputation and personal life. 

Having legal representation that not only understands the complexities of New York law but also views you as more than just a case number is critical. Our child molestation attorneys are here, in Westchester County, not just to navigate the legal intricacies but to offer you the support you need during such a challenging time.

With nearly 50 years of combined experience, our attorneys, Stephen Riebling and Marcia Payton, are dedicated to providing comprehensive legal defense. Our focus is on offering personalized service and diligent representation, ensuring that your voice is heard and your story is told with the credibility it deserves.

Facing a serious charge? We offer payment plans and free consultations. Call (914) 712-6878 or contact us online to speak with a child molestation lawyer in Westchester County today.

Understanding Child Molestation Laws in New York

In New York, the laws governing these offenses are found primarily in the New York Penal Law, Article 130, which deals with Sex Offenses. The state does not use the specific term "child molestation" but prosecutes these offenses under a variety of statutes, such as Sexual Abuse, Aggravated Sexual Abuse, and Course of Sexual Conduct Against a Child. 

The law categorizes these crimes into different degrees based on the circumstances of the offense, such as the victim's age, the nature of the sexual contact, and the use of force. A knowledgeable child molestation lawyer in Westchester County will meticulously analyze the specific statute under which you are charged to find any weaknesses in the prosecution's case.

To secure a conviction for a sex crime involving a minor, the prosecution must prove several key elements beyond a reasonable doubt:

• Sexual Contact: The state must prove that you engaged in sexual contact with a minor. This is broadly defined as any touching of a person's sexual or intimate parts for the purpose of sexual gratification.
• Lack of Consent: The state must prove that the sexual contact occurred without the victim's consent. In cases involving minors, the law presumes that a child under a certain age cannot consent to a sexual act.
• Victim's Age: This is the most crucial element. The state must prove that the victim was under the legal age of consent, which in New York is 17. The penalties are more severe if the victim is younger, such as under 11.

The prosecution's case often relies heavily on the testimony of the alleged victim, other witnesses, and complex forensic evidence. As a seasoned Westchester County child molestation attorney, we will challenge the government's evidence at every turn, scrutinizing the methods used to collect and analyze the evidence and questioning the credibility of their witnesses.

Classifications and Penalties for the Offense in Westchester County

In New York, child molestation offenses are almost always prosecuted as felonies, with the penalties increasing significantly with the severity of the charge. The victim's age is the most important factor in determining the degree of the offense.

• Sexual Abuse in the First Degree (Class D Felony): This is a serious felony. A person commits this offense if they subject another person to sexual contact by forcible compulsion or if the victim is incapable of consent. The penalties can include a prison sentence of up to seven years and mandatory sex offender registration.
• Aggravated Sexual Abuse (Class B Felony): This is a more serious felony. A person commits this offense if they commit a sexual act with another person by inserting a foreign object into the victim's body. The penalties can include a prison sentence of up to 25 years and mandatory registration as a sex offender.
• Course of Sexual Conduct Against a Child (Class B Felony): This is a serious felony that applies when a person engages in sexual conduct with a child under the age of 11 on two or more occasions. The penalties can include a prison sentence of up to 25 years and mandatory sex offender registration.
• Endangering the Welfare of a Child (Class A Misdemeanor): This is a lesser offense that can be a lesser-included charge of child molestation. It involves knowingly acting in a manner likely to be injurious to the physical, mental, or moral welfare of a child.

A knowledgeable child molestation lawyer in Westchester County will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Collateral Consequences

A criminal record for a sex crime can follow you for the rest of your life, making it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and sex offenders are often barred from living in certain areas, such as near schools and daycares.

Additionally, a sex crime conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

Building a Strategic Defense Against Child Molestation Charges

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. 

As a seasoned Westchester County child molestation attorney, we will leverage every possible defense, including:

• False Accusations: We can argue that the alleged victim fabricated the accusations out of anger, jealousy, or a desire for revenge. This is a common defense in cases where the accuser and accused know each other.
• Insufficient Evidence: The prosecution must prove its case beyond a reasonable doubt. We will argue that the evidence presented is not sufficient to meet this high standard, either because the witness testimony is inconsistent or the forensic evidence is flawed.
• Mistaken Identity: We can argue that you have been misidentified as the person who committed the crime. This defense is particularly strong when the identification is based on a flawed witness lineup or a single, fleeting observation.
• Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.
• Lack of Sexual Intent or Contact: The prosecution must prove that the contact was sexual and that you had the intent to commit a sexual act. We can argue that the alleged act, while possibly inappropriate, was not sexual in nature.

Empowerment Through Experience & Communication—Why Clients Choose Us

When you choose us, you work with our leading attorneys from the start. This allows us to offer insights derived from our years of success in representing clients in complex legal matters. We pride ourselves on maintaining open, transparent communication, ensuring that you always feel supported and informed. 

Taking the time to understand your personal circumstances not only helps bolster your defense but also allows us to advocate more effectively on your behalf in court. We employ experts, when necessary, to support your case and provide additional perspective. Our legal team meticulously examines evidence and seeks weaknesses or errors in the prosecution's case. 

Here’s what you can expect from our process:

• Initial Consultation: A confidential and comprehensive evaluation of your situation.
• Case Analysis: Detailed examination of evidence, witness statements, and legal documentation.
• Defense Strategy Development: Crafting a personalized legal plan considering all nuances of your case.
• Representation in Court: Diligent and vigorous defense throughout all court proceedings.
• Communication: Regular updates and clear explanations of your legal options and status.

Contact Us Today to Start Your Defense Journey

Facing a child molestation charge is daunting, but you do not have to face it alone. At Riebling & Payton, PLLC, we are committed to providing you with professional and compassionate legal support. Our firm’s dedication to client communication, strategic criminal defense planning, and personalized service means that your needs are at the forefront every step of the way.

Contact us at (914) 712-6878 or reach out online to schedule your free consultation today and begin the process of reclaiming control and clarity in your situation.