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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 36125
Experience:  30 years legal experience
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Charges with forcible touching should I try to fight it in

Customer Question

Charges with forcible touching should I try to fight it in court I do not like my chances and if I get convicted will I get charged the full maximum sentence
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.

Good evening,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

Under NY law, forcible touching is defined as follows:

§ 130.52 Forcible touching. A person is guilty of forcible touching when such person 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. For the purposes of this section, forcible touching includes squeezing, grabbing or pinching. Forcible touching is a class A misdemeanor.

While a Class A misdemeanor can get you up to 12 months in prison, unless you are a prior offender it is quite possible that you won't do any jail time.

You certainly don't want to just plead not guilty as that will not allow your and your attorney to review your case or to negotiate for a lesser sentence. So yes, you do want to fight the charges---at least initially.

If you cannot afford an attorney, you will be provided one for your defense. They will assist you in getting a plea deal that you can live with.

And no, just because you may fight the charges and might be found guilty does not mean that you will get the maximum sentence available under the law.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

Expert:  LawTalk replied 1 year ago.

Good morning,

I see that you asked for me yesterday evening after I had already left my office for the day.

You mentioned something about being offered 10 days in jail. Was that a plea deal offer?

Please consider accepting my offer of the phone call. I believe that you can get all of your questions answered much more easily by phone, and for just $16 more than you deposited for this question.

Doug