Among the several offenses against public sensibilities in New York is the crime of indecent exposure. As much as it is often classified as a misdemeanor, the public’s perception of it makes it feel like a highly heinous crime.

But the fact is that your life and career can suffer the blow of such a conviction. There are various approaches to fighting an indecent exposure charge, but the success of your defense depends on the legal expert you choose to work with. A Long Island criminal justice attorney can use their expertise to defend you and keep your record clean.

What Constitutes Indecent Exposure in Long Island?

Indecent exposure is often confused with acts of lewdness. But indecent exposure is simply showing up in public and exposing your genital parts. On the other hand, lewdness involves further offensive actions in addition to being exposed. The offense can graduate to sexual assault if you go ahead and touch an onlooker.

Also, people that facilitate other people to show off their private parts can be found guilty of indecent exposure. Women are forbidden from showing the breasts from the area below their upper areola. Therefore, showing some cleavage is not illegal in New York.

Breastfeeding mothers are excluded from these charges. People in performing arts are also excluded depending on the restrictions of the county or city governments. A Long Island indecent exposure attorney can enlighten you on whether you are subject to those restrictions.

Can I be Convicted if I Was Not in Public Place?

New Yorkers are forbidden from exposing their private genitals anywhere a substantial group of people or the public has access. So, you cannot be convicted if the exposure happened in a personal space. It will be easier to build your defense if you weren’t arrested in a:

  • Lobby
  • Hallway
  • Playground
  • Park
  • Place of amusement
  • School
  • Transportation facility
  • Highway

How Can I Defend Myself if it Was a Mistaken Identity?

It is possible to be mistaken and charged for indecent exposure in New York. If the victim mistakenly identified you as the perpetrator, you could produce evidence that disputes their allegations. A Long Island indecent exposure attorney can guide you on gathering the proof, depending on the situation.

It would help if you showed that the victim’s perception of what really happened is unreliable under the circumstances. For example, this can apply in cases where the person had no clear vantage point to identify the person that exposed themselves correctly.

What if I Did Not Expose My Genitals?

A person’s definition of what is decent and what is not varies depending on their cultural and religious beliefs. Therefore, it is common for people to accuse you of indecent exposure when your actions don’t meet the legal definition.

Note that you cannot be convicted for wearing revealing clothing, showing your underwear, or the body part above your waist. As long as your actual genitals are not exposed to public view, you might not be found guilty of this offense.

What Punishment Awaits Me if I Lose in My Defense?

First-time offenders risk being charged with a misdemeanor, punishable with less than a year in jail. A recidivist can be charged with a felony that attracts up to a year in prison. Other issues that determine the severity of charges include:

  • The nature of exposure
  • The length of the exposure
  • Whether the exposure was directed at children

Apart from lengthy jail terms, other implications of a weak defense include:

  • Higher education limitations
  • Hiring difficulties
  • Legal penalties and fines
  • Permanent criminal record
  • Sex offender registration
  • Immigration and travel consequences

Why is Indecent Exposure Involving Children More Difficult to Beat?

When children are involved in your case, stories can be misconstrued. For instance, if a child acts out, a concerned but overzealous professional can suspect possible child molestation and report it to authorities.

The jury might be partially biased towards a child than an adult in a trial. What’s more, a child can be easily manipulated by the prosecution or other family members. Beating allegations of indecent exposure in such instances might not be easy, but a Long Island indecent exposure attorney can help.

What Action Can I Take if I’m Being Investigated for Indecent Exposure in Long Island?

If you are being investigated for indecent exposure, your life and reputation are at stake. So, avoid doing things that can implicate you for the crime. Discussing the incident or justifying your innocence with the police can do more harm than good.

Remember to remain polite with the investigating officers, but do not forget to invoke your rights to an attorney. You also have the liberty not to speak about the incident. After that, contact a Long Island indecent exposure attorney that will speak on your behalf and defend you to the end.

How is an Attorney Beneficial to My Case?

Luckily, most initial consultations in Long Island are usually free. In this session, a legal expert will listen to your side of the story and examine the evidence against you. But, of course, the outcome of your case significantly depends on the attorney you decide to retain to represent you.

A firm with extensive experience can give you the best chance of a favorable outcome. They can use their expertise to uncover mistakes buried in the prosecutors’ case and stand up against common strategies used in indecent exposure lawsuits.

Aggressive New York Criminal Defense Attorneys Fighting for The Accused

Criminal accusations can be upsetting and confusing at the same time. There is much to lose if you think of the worst possible possibilities of a sexual-related crime. A conviction can ruin your reputation, and you might lose the trust of family, friends, and colleagues.

The lawyers at Mirsky Law Firm will fight for your freedom and your rights as an accused person. We are not only knowledgeable of the laws governing indecent exposure, but we also have decades of experience. Call our offices today to schedule a FREE consultation.