Sex Crimes Attorney in Syracuse, NY

A sex crimes attorney defends people accused of rape, sexual abuse, forcible touching and other offenses under New York Penal Law Article 130, and fights sex offender registration. Cambareri & Brenneck, PLLC is a Syracuse, NY criminal defense firm founded by former Onondaga County prosecutors. Call 315-424-8326 for a free, confidential consultation

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A Sex Crimes Lawyer in Syracuse Who Has Seen Both Sides

An accusation is not a conviction. What you do in the next few days matters.

Being accused of a sex crime can turn your life upside down overnight. You may face an order of protection, time away from home, questions at work and talk in your community, all before you have seen a single piece of evidence. But the law still presumes you innocent. The prosecution has to prove every element of the charge beyond a reasonable doubt.

Many sex crime cases have no physical evidence. They turn on one person’s account, on text messages and timelines, and on what was said to police. That makes the first weeks critical. Detectives often call and ask you to “come in and give your side,” or set up a recorded phone call with the accuser. Anything you say can become the center of the case.

Cambareri & Brenneck is made up of former Onondaga County prosecutors. We know how sex crime investigations are run in Syracuse, how these cases are charged, and where they go wrong. Melissa K. Swartz leads our work on these cases. She served as trial counsel in the Onondaga County DA’s Office, won an acquittal on two counts of first-degree rape, and helped clear Anthony Broadwater’s wrongful conviction. As your sex crime attorney, we protect your privacy, test every part of the accusation, and fight for the best possible result.

A detective called about a sex crime allegation. What should I do?

Don’t agree to an interview.

Be polite. Say, “I want to speak with a lawyer before I answer any questions,” and stop. You have that right whether or not you have been arrested. (Read: why speaking to police without a lawyer is risky.)

Don’t contact the accuser.

No calls, texts, apologies or explanations, and don’t ask friends to reach out for you. Police sometimes record these calls with the accuser’s help. Contact can also break an order of protection.

Don’t post or delete anything.

Stay off social media about the case. Save texts, photos, call logs and location data. Deleting them can look like hiding evidence and can be a separate crime (PL §215.40).

Write down what you remember.

Dates, places, who was there, and who you talked to afterward. Give this to your lawyer only.

Call a sex crimes attorney before you do anything else.

Many people are not arrested right away. That window is when a lawyer can do the most. Call 315-424-8326. (See also: what to do after a criminal arrest in Syracuse.)

Can I be charged if there's no physical evidence?

Yes. In New York, a person can be charged and convicted on testimony alone for most sex offenses ( PL §130.16 corroboration rule). That doesn’t make the case strong. Without physical evidence, the case depends on the accuser’s account, and the defense can test that account against texts, timelines, witnesses, prior statements and the investigation itself.

Will there be an order of protection against me?

Almost always. At arraignment, the judge usually issues a temporary order of protection that bars contact with the accuser and may keep you out of your home (CPL §§530.12, 530.13). Follow it exactly, even if the accuser contacts you. A violation is a new crime. See our criminal contempt and order of protection violation page. Your lawyer can ask the court to change terms that keep you from work, school or your children.

What if the accuser is a partner, ex, classmate or coworker?

Most sex crime accusations involve people who know each other. That brings history: messages, shared friends, breakups, custody fights or school disputes. These facts can matter a great deal. We look at what was said before and after the alleged incident and why the accusation came when it did. If you are a college student, your school may open its own case. See our Title IX and university discipline page.

Is my case confidential?

Yes. What you tell your lawyer is protected by attorney-client privilege once you consult with us about representation. We do not discuss your case with anyone without your permission. In court, we can ask for protective orders over sensitive discovery (CPL §245.70).

How a Sex Crime Defense Attorney Fights the Charge

Every case is different, but we test each of these points:

The accuser’s statements. We compare every version: the first report, the police interview, any medical history, texts, and grand jury testimony. Inconsistencies matter. Prior statements must be turned over in discovery.

Consent and capacity. Was there consent? If the charge claims the person couldn’t consent (for example, because of intoxication), is there real proof of that, and could you have known?

Forcible compulsion. Higher-degree charges require proof of force or threat [PL §130.00(8)]. Without it, the top count may not stand.

Identity and DNA. We check how samples were collected, stored and tested, and whether DNA proves contact or only presence.

Digital evidence that helps you. Texts, social media, location data, ride-share records and photos can show where you were and what was said. We collect them lawfully and quickly, before they disappear.

Your statements. Were you in custody? Were you read your rights? Was a “pretext” phone call or interview handled lawfully? Statements taken in violation of your rights can be suppressed [CPL §710.20(3)].

Motive to fabricate. Custody disputes, breakups, school discipline and money can all give a reason for a false report. The jury can hear this when it is relevant.

The right charge and the right law. For conduct before September 1, 2024, the old rape and criminal sexual act statutes apply; after that date, the new rape statutes apply. A charge under the wrong version, or the wrong degree, can be challenged.

Sex Crime Charges and Penalties in New York

Here are the most common sex offense charges under Penal Law Article 130 and related articles.

Swipe to see all columns →

Offense	Statute	Class	Possible sentence
Sexual abuse, 3rd degree	PL §130.55	B misdemeanor	Up to 3 months
Forcible touching	PL §130.52	A misdemeanor	Up to 1 year
Sexual misconduct	PL §130.20	A misdemeanor	Up to 1 year
Sexual abuse, 2nd degree	PL §130.60	A misdemeanor	Up to 1 year
Persistent sexual abuse	PL §130.53	E felony	Up to 4 years
Rape, 3rd degree	PL §130.25	E felony	Up to 4 years
Aggravated sexual abuse, 4th degree	PL §130.65-a	E felony	Up to 4 years
Sexual abuse, 1st degree	PL §130.65	D violent felony	2 to 7 years
Rape, 2nd degree	PL §130.30	D violent felony	2 to 7 years
Course of sexual conduct against a child, 2nd degree	PL §130.80	D violent felony	2 to 7 years
Aggravated sexual abuse, 2nd degree	PL §130.67	C violent felony	3½ to 15 years
Rape, 1st degree	PL §130.35	B violent felony	5 to 25 years
Course of sexual conduct against a child, 1st degree	PL §130.75	B violent felony	5 to 25 years
Sex trafficking	PL §230.34	B felony	Up to 25 years
Predatory sexual assault	PL §130.95	A-II felony	Minimum 10 to 25 years, up to life

Sentences from Penal Law §§70.00, 70.02 and 70.15 for a first offense . Felony sex offenses also carry post-release supervision, often 3 to 20 years [PL §70.45(2-a)]. Most of these convictions require sex offender registration [ Correction Law §168-a]. Prior convictions raise the ranges. This table is general information, not legal advice about your case.

Sex Crimes Defense Attorney for Every Article 130 Charge

These are the sex offense charges we defend most often in Syracuse and Central New York. Each has different elements and different weak points

Rape charges — rape defense lawyer (PL §§130.25–130.35)

Rape is charged in three degrees. The degree depends on claims of force, the ages of the people involved, or an inability to consent. Since September 1, 2024, rape includes vaginal, oral and anal sexual contact, and penetration is no longer required. The old “criminal sexual act” crimes were folded in. As a rape defense attorney, we start with which law applies and what the prosecution can actually prove.

Sexual abuse and sexual assault defense lawyer (PL §§130.55–130.70)

Sexual abuse covers sexual contact without consent, including touching through clothing [ PL §130.00(3)]. It ranges from a B misdemeanor to a B felony. People often search for “sexual assault,” but New York charges these cases as sexual abuse, aggravated sexual abuse or rape. The charge name matters, because each one has different elements.

Forcible touching (PL §130.52)

Forcible touching is an A misdemeanor. It covers intentionally touching another person’s intimate parts without consent to degrade or abuse them, or for sexual gratification. These cases often come from crowded places, workplaces or nights out, and they turn on witnesses and video. A conviction can still require registration.

Age-based charges

Some charges depend only on age, even when both people agreed. New York’s age of consent is 17 [ PL §130.05(3)(a)]. Charges such as rape in the third or second degree can apply based on the ages of the two people . Close-in-age situations can be treated differently, so the exact ages and dates matter. (Device-based cases, such as images or online chats, are handled on our child pornography defense page.)

Course of sexual conduct and predatory sexual assault

These are among the most serious charges in New York. They often involve claims of repeated conduct over months or years, made long after the fact [ PL §§130.75, 130.80, 130.95, 130.96]. Delayed reports raise real questions about memory, influence and timing, and they need a careful, experienced defense.

Falsely accused of a sex crime? A false accusation lawyer can help

False and mistaken accusations happen. They can come from a breakup, a custody fight, a school dispute or a misunderstanding. Don’t try to fix it yourself. We gather the evidence that shows what really happened, and, where it helps, present it to the prosecutor before charges are filed

Sex trafficking and prostitution-related charges

Sex trafficking is a B felony [ PL §230.34].. Related charges include promoting prostitution and patronizing a person for prostitution [ PL Art. 230]. These cases often rely on online ads, phone records and undercover work. Federal trafficking charges are also possible; see our federal crimes defense page

How a Sex Crime Case Moves Through Syracuse Courts

Here is the usual path for a case in Onondaga County. Timing varies with the charge

Investigation.

Many cases start with a report to the Syracuse Police Department, the Onondaga County Sheriff’s Office, the State Police or a town police department. Detectives may ask you to come in, or set up a recorded call with the accuser. This is the best time to hire a lawyer.

Arrest and booking.

People arrested in Syracuse are usually booked at the Onondaga County Justice Center.

Arraignment.

State cases start in Syracuse City Court (505 South State Street) or the town or village court where the arrest happened. The judge decides release or bail and issues a temporary order of protection.

Felony hearing or grand jury

A felony must be presented to a grand jury and indicted before trial, unless you waive that right [ CPL Art. 190, §195.10]. If you are held in custody, the law sets short deadlines [ CPL §180.80]. You may have the right to testify in the grand jury. That choice should only be made with your lawyer [ CPL §190.50].

Onondaga County Court.

After indictment, the case moves to Onondaga County Court at the Onondaga County Courthouse, 401 Montgomery Street. Misdemeanors stay in City Court or the town court. Our office at 300 South State Street is a short walk from both downtown courts

Discovery.

The prosecution must turn over its evidence under CPL Article 245, including statements, medical records it holds, lab reports and digital evidence

Motions and hearings.

We file motions to suppress statements and evidence, to limit what the jury can hear, and to dismiss defective counts [ CPL Art. 710; CPL §60.42].

Resolution.

The case ends in dismissal, a negotiated plea, or a trial. If you are convicted of a registrable offense, the court holds a separate SORA hearing to set your risk level [ Correction Law §168-n].

Outside Onondaga County

Auburn cases go to Auburn City Court, then Cayuga County Court. Oswego cases go to Oswego City Court, then Oswego County Court

Sex Offender Lawyer for SORA Hearings and Risk Levels

Registration is often the consequence people fear most. It is decided at a separate hearing, and it can be fought.

After a conviction for a registrable offense, the Board of Examiners of Sex Offenders scores you on a Risk Assessment Instrument and recommends a level [ Correction Law §168-l]. The judge then holds a SORA hearing. The prosecution must prove each point by clear and convincing evidence, and you have the right to a lawyer, to challenge the points and to ask for a downward departure [ §168-n(3)]. Our team includes appellate lawyers, so we build the hearing record with an appeal in mind. See our criminal appeals page.

Swipe to see all columns →

Level	Risk	How long you register	Public listing
Level 1	Low	20 years	Not on the public website; available by phone inquiry
Level 2	Moderate	Life (may petition for relief after 30 years)	On the public website
Level 3	High	Life	On the public website

Registration periods and listing rules from Correction Law §§168-h, 168-q and 168-o. You can later petition the court to lower your level [ §168-o].

What a Sex Crime Conviction Can Mean for Your Future

Registration.

Address, job and school updates, a photo, and in-person verification on a set schedule [ Correction Law §168-f].

Where you live and work.

Probation or parole conditions can limit where you live, who you see and what jobs you hold. Some people on supervision can’t live or go near school grounds [ Executive Law §259-c(14)].

Orders of protection.

A conviction usually brings a final order of protection that can last for years after the sentence [ CPL §530.12(5)].

Professional licenses and jobs

Teachers, nurses, coaches, drivers and others may lose or be denied a license or job.

Immigration

For non-citizens, many sex offenses are deportable. Talk to us before any plea [ 8 U.S.C. §1101(a)(43)(A)].

School

Colleges can start their own discipline case. See Title IX and university discipline.

Family court

Custody and visitation can be affected, even before the criminal case ends.

Firearms

A felony conviction, and some misdemeanors, end your right to own guns.

Results From Our Attorneys

People v. D.B. — acquitted on two counts of first-degree rape

Handled by Melissa K. Swartz.

People v. Cohen — SORA risk level reduced from Level III to Level II.

Handled by Melissa K. Swartz.

Anthony Broadwater — wrongful rape conviction vacated (exoneration), followed by a $5.5 million settlement.

Handled by Melissa K. Swartz.

Prior results do not guarantee a similar outcome.

MEET THE TEAM

Meet Your Sex Crimes Defense Lawyers

Cambareri & Brenneck was founded by, and is made up of, former Onondaga County prosecutors. Our attorneys have tried felony cases in Onondaga County Court on both sides. In a sex crime case, that means we know how the prosecution prepares its witnesses, and how to test them.

Melissa K. Swartz

Attorney

Trial and post-conviction work in state and federal court; Court of Appeals

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit: weapons, assault, burglary, robbery

Steve Cambareri

Partner

Former ADA, violent felony trial bureau

Joe Centra, Esq.

Attorney

Former ADA, Law & Appeals and Narcotics bureaus

Hon. John V. Centra (Ret.)

Special Counsel

Retired Appellate Division justice, now leading firm mediation.

Michele Previte

Office Manager

Jess Edwards

Administrative Assistant

Melissa K. Swartz

Attorney

Trial and post-conviction work in state and federal court; Court of Appeals

Scott A. Brenneck

Partner, Attorney

Former ADA, Felony Trial Unit: weapons, assault, burglary, robbery

Steve Cambareri

Partner

Former ADA, violent felony trial bureau

Joe Centra, Esq.

Attorney

Former ADA, Law & Appeals and Narcotics bureaus

Hon. John V. Centra (Ret.)

Special Counsel

Retired Appellate Division justice, now leading firm mediation.

Michele Previte

Office Manager

Jess Edwards

Administrative Assistant

WHY CHOOSE US

Why Choose Former Prosecutors as Your Sex Crime Lawyer

Former Onondaga County Prosecutors

We used to build these cases. Now we use that insight to find the weak points in the prosecution's.

Trial-Ready Defense

Sex crime cases often go to trial. We prepare every case as if it will, which gives us leverage in negotiations.

Confidential From the First Call

Your consultation is private. We never discuss your case without your permission.

Free Consultation

Call 315-424-8326 or send a message. Bring any paperwork from police or the court and we'll explain your options.

AREAS WE SERVE

Defending Clients in Syracuse & Central New York

Syracuse, NY

Downtown office at 300 South State Street. Cases in Syracuse City Court and Onondaga County Court.

Onondaga County towns

Clay, Salina, Cicero, DeWitt, Manlius, Camillus, Onondaga and Baldwinsville town and village courts.

Auburn (Cayuga County)

Auburn City Court and Cayuga County Court.

Oswego (Oswego County)

Oswego City Court and Oswego County Court.

FAQS

Sex Crime Charges FAQs

What qualifies as a sex crime in New York?

Most sex crimes are in Penal Law Article 130. They range from sexual abuse in the third degree, a B misdemeanor, to predatory sexual assault, an A-II felony that can carry life in prison. The main charges are forcible touching, sexual abuse, rape and course of sexual conduct against a child. Related charges, such as sex trafficking, sit in other articles of the Penal Law.

What should I do if I'm accused of a sex crime in Syracuse?

Don’t talk to police, investigators or the accuser about it. Don’t send texts, post online or ask friends to reach out for you. Write down names, dates and where you were, and save your messages, but delete nothing. Then call a sex crimes attorney before any interview or court date. Cambareri & Brenneck offers a free, confidential consultation at 315-424-8326.

A detective wants me to come in and give my side. Should I go?

Not without a lawyer. An invitation to “clear things up” usually means police are building a case and want your statement in it. You have the right to stay silent and the right to a lawyer. A lawyer can find out what the investigation is about, speak to the detective for you, and decide whether any statement would help you. Often it would not.

What changed in New York's rape law in 2024?

For offenses on or after September 1, 2024, New York folded the old “criminal sexual act” crimes into the rape statutes. Rape now covers vaginal, oral and anal sexual contact, and penetration is no longer required. Conduct before that date is still charged under the old statutes. The date of the alleged conduct can change which law applies, so check it with your lawyer.

Can a sex crime charge be beaten when it's one person's word against mine?

Yes. Many cases have no physical evidence and rest on one person’s account. The prosecution must still prove every element beyond a reasonable doubt. We study prior statements, text messages, timelines, witnesses and motive, and we test the account through cross-examination. Inconsistencies and outside evidence often decide these cases. No lawyer can promise a result, but these cases can be defended.

What if I've been falsely accused of a sex crime?

Treat it as seriously as any other charge, because the consequences are the same. Don’t confront the accuser. That can lead to new charges, especially if there is an order of protection. Save messages, social media, location data and receipts that show where you were. A defense lawyer can gather this evidence lawfully and present it to the prosecutor before charges are filed, or to a jury at trial.

Will I be held in jail after a sex crime arrest?

It depends on the charge and your history. Under New York’s bail law, a judge may set bail for many felony sex offenses, while lower-level charges usually lead to release. The judge will almost always issue a temporary order of protection that bars contact with the accuser. A lawyer at your arraignment can argue for release and for conditions you can live with.

Will I have to register as a sex offender, and can my SORA level be lowered?

Most felony sex convictions, and some misdemeanors, require registration under New York’s Sex Offender Registration Act. A judge sets your risk level, 1, 2 or 3, at a SORA hearing after the state makes a recommendation. You can challenge the points and ask for a lower level. Later, you may be able to petition to lower your level or end registration.

How long does the state have to bring sex crime charges in New York?

It depends on the charge. Rape in the first degree and some other serious sex felonies have no time limit. Rape in the second degree has a 20-year limit, and rape in the third degree has 10 years. Most misdemeanors must be charged within two years. When the alleged victim was under 18, the clock may start later.

How much does a sex crimes attorney cost?

The fee depends on the charge, whether it is a felony, whether there is a grand jury or a trial, and whether experts such as DNA or digital forensic reviewers are needed. We explain the cost clearly in a free, confidential consultation before you decide anything. Call 315-424-8326 or send a message to speak with a former prosecutor.

Reviewed by Melissa K. Swartz, former Onondaga County Assistant District Attorney. Last updated November 2026 .

Free Confidential Consultation

Contacted by police or already charged? Tell us briefly what stage you’re at and whether you have a court date. A member of our team will get back to you quickly. You can also call 315-424-8326.

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315-424-8326

info@yourcriminaldefense.com

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300 South State Street 1st Floor, Syracuse, NY 13202

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