Legal Question in Criminal Law in New York

Sexual Abuse First Degree

A while ago i asked a question about a friend that got charged with sexual abuse where the victim did not want to continue with the case but the prosecutor did. Well at this point the prosecutor has decided to send the case to a lower court as a misdeamanor charge, is there any possibility that at this point the case might just be dismissed outright as they dont have any evidence besides the girls accusation plus they dont have the cooperation from the victim? Is the fact that the prosecutor did not present the case to a grand jury mean anything like maybe he does not have enough evidence for an indictment let along a conviction in a trial down the road? Will it be the same prosecutor that will handle the case in the lower court or will they assign a new one?


Asked on 1/14/08, 2:03 pm

3 Answers from Attorneys
Steven Czik CZIK LAW PLLC

Re: Sexual Abuse First Degree

Your best bet would be to have legal counsel representing you so that all the accused's rights would be preserved and it would give him the greatest chance for a substantial reduction or dismissal of the charges. This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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Answered on 1/14/08, 2:53 pm
Tanya Gendelman Law Offices of Tanya Gendelman, P.C.

Re: Sexual Abuse First Degree

In general, there is a good possibility of having the case dismissed without testimony from the victim. The Prosecutor will try to drag it out in order to have a plea, but at the end, they don't really have a strong enough case without the witness herself. It would be more appropriate to have a defense attorney to deal with this matter.

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Answered on 1/14/08, 6:29 pm
NEAL SPECTOR, ESQ. NEAL S. SPECTOR, P.C.

Re: Sexual Abuse First Degree

Don't "misunderestimate" the charge. It is still a crime with serious, possibly long term consequencess. Consult an attorney.

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Answered on 1/15/08, 7:18 am


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