Course of Sexual Conduct Against a Child Defense in Westchester County

Former Prosecutors Defending You Against New York Article 130 Accusations

An accusation involving a child can quickly lead to police contact, court appearances, family strain, employment concerns, and damage to your reputation. What you say and do early in an investigation may also affect the criminal case.

Child molestation is a commonly used phrase, but it isn’t the name of a standalone offense under New York law. Depending on the allegations, prosecutors may pursue course of sexual conduct against a child, sexual abuse, aggravated sexual abuse, or another offense under New York Penal Law Article 130.

We defend clients during pre-charge investigations and after an arrest or formal accusation. Our attorneys include former prosecutors who understand how investigators and prosecutors may collect evidence, assess allegations, and present a sex-offense case.

If investigators have contacted you or charges have been filed, call (914) 840-5104 before making statements or taking action that could affect your defense.

New York Charges Related to Child Molestation Allegations

The statutory charge matters because each offense has distinct elements, sentencing exposure, and potential registration consequences. A charging document may allege one incident, multiple acts over time, or several offenses arising from the same accusations.

Charges associated with these allegations may include:

• Course of sexual conduct against a child in the first or second degree
• Sexual abuse or aggravated sexual abuse
• Rape or a criminal sexual act
• Predatory sexual assault against a child
• Incest
• Offenses involving a child’s sexual performance under Article 263

We analyze the accusatory instrument, the formal document stating the charges, rather than relying on labels used by police, witnesses, or the public. The ages involved, alleged conduct, number of acts, and claimed duration can determine which statute applies.

How We Test the Evidence Behind an Article 130 Charge

No defense theory fits every case. We examine the prosecution’s proof, identify unsupported allegations, and determine whether law enforcement obtained statements or evidence in violation of constitutional protections.

Depending on the facts, our review may address:

• Witness accounts: Inconsistencies, changing timelines, interview methods, and reliability concerns.
• Digital records: Messages, call records, social media activity, photographs, location information, and device evidence.
• Physical evidence: Forensic material, medical records, collection procedures, and the connection between the evidence and the accusation.
• Alternative evidence: Alibi information, mistaken identity, or records that contradict the alleged timeline.
• Constitutional issues: Suppression motions asking a court to exclude statements or evidence obtained unlawfully.
• Statutory elements: Whether the available proof addresses every fact New York law requires the prosecution to establish.

Preserve potentially relevant communications, records, calendars, photographs, and device data. Don’t delete material, contact the accuser, or disregard an order of protection. We can advise you on preserving evidence and responding to investigators.

The Criminal Case Process in Westchester County

A case may begin with an investigation, arrest, or request to speak with law enforcement. Later stages can include arraignment, discovery, motion practice, plea discussions, hearings, trial preparation, trial, and sentencing. The sequence and duration depend on the charges, evidence, court schedule, and legal strategy.

We review discovery, appear in court, prepare appropriate motions, assess proposed resolutions, and prepare for trial when necessary. Orders of protection, witness-contact restrictions, and electronic evidence may require attention early in the proceedings.

A criminal accusation may also overlap with child-protective, Family Court, school, employment, or professional-license concerns. These are separate proceedings governed by different rules. Representation in a criminal case doesn’t automatically include any related proceeding, so the scope of representation should be confirmed directly.

Registration, Probation, & Post-Plea Proceedings

Certain convictions can trigger obligations under New York’s Sex Offender Registration Act. An accusation alone doesn’t require registration. Any obligation depends on the conviction offense, statutory classification, sentence, and applicable law.

Our representation can continue through a probation interview and a Sex Offender Registration Act hearing, where a court determines the registration risk level. These stages require careful preparation because statements, records, and disputed information may affect supervision or the court’s assessment.