Recently, we have encountered several people wrongfully arrested by the
police for allegedly groping or grinding people in the Times Square area.
Typical charges for these types of arrests include the Class A misdemeanor
Forcible Touching (PL 130.52) and Class B misdemeanor Sexual Abuse in
the Third Degree (PL 130.55). Sometimes individuals arrested for these
charges receive Desk Appearance Tickets and are told to come back to court
on a later date, and sometimes they spend a night in jail before seeing
a judge for their arraignment.
Times Square is obviously very crowded with pedestrian traffic, and individuals
often bump into each other accidentally. This is especially so near the
“kiss-cams” and associated video screens in Times Square,
as people often clamor and jockey for position so that they can see themselves
on the giant screens up above. Police officers monitor these areas in
view of the cameras and have seemingly made several wrongful arrests of
individuals who were simply trying to see themselves on the screen and
inadvertently brushed into someone else. Fortunately, these cases can
be defended at trial, as there is frequently no videotape to corroborate
police officer observations, and the crowds make clear viewing angles
These charges can be extremely serious, however. As much as one year of
jail time is a possible result, as is potential registration as a sex
offender. Moreover, these charges can have very serious negative consequences
or non-citizens, such as deportation.
If you or a loved one have been arrested and charged with a Forcible Touching
or Sexual Abuse case stemming from an incident in the Times Square area,
you should strongly consider contacting the
experienced criminal defense attorneys at Galluzzo & Arnone LLP. Their team of former prosecutors routinely defends individuals charged
with these sorts of crimes and includes a former sex crimes prosecutor,
who is a recognized expert on sex crimes investigations.
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