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 almost impossible.
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, Matthew Galluzzo, who is a recognized expert on sex crimes investigations.