Child Molestation Attorney in Rochester

Former Monroe County Prosecutors Defending the Accused in Rochester

A child molestation accusation can trigger an arrest, a Child Protective Services investigation, and lasting public consequences before a single fact is tested in court. What happens in the first days matters enormously. Our attorneys at DeCarolis Defense began their careers prosecuting these cases at the Monroe County District Attorney’s Office. That background means we understand how these accusations are built, how investigators think, and where the weaknesses in a case can be found and challenged.

We’ve tried hundreds of cases and are recognized as Top 100 Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Sex crime accusations, including child pornography and child molestation charges in Rochester, are among the most serious matters we handle. Consultations are free, and we’re reachable 24/7.

Don’t speak with police or investigators before talking to us. Call our Rochester child molestation attorneys at (585) 639-3111 for a free, confidential consultation any time of day.

What New York Law Actually Charges

New York doesn’t have a standalone statute called “child molestation.” It’s a colloquial label covering several offenses under New York Penal Law Article 130, and the charge you face depends on the ages involved and the nature of the alleged conduct.

Understanding the charge range matters from day one:

• Sexual abuse in the third degree (NY Penal Law 130.55) is a Class B misdemeanor
• Sexual abuse in the second degree (130.60) is a Class A misdemeanor, applying when the alleged victim is under 14
• Sexual abuse in the first degree (130.65) is a Class D felony, applying when the child is under 11, or under 13 when the defendant is 21 or older
• Course of sexual conduct against a child (130.75 and 130.80) applies when alleged conduct occurred repeatedly over time rather than in a single incident
• Predatory sexual assault against a child (130.96) is a Class A-II felony carrying a minimum of 10 to 25 years and a maximum of life imprisonment, charged when the defendant is 18 or older and the alleged victim is under 13

Convictions under most of these statutes trigger mandatory registration under New York’s Sex Offender Registration Act (SORA). SORA classification levels determine how long registration lasts and how broadly the conviction is disclosed to the community. The consequences extend well beyond prison time: employment, housing, and family relationships can all be permanently affected.

Why These Cases Move Quickly & Unpredictably

New York’s mandated reporter laws require teachers, school employees, medical staff, daycare workers, and social service professionals to report any reasonable suspicion of child abuse to the New York State Central Register of Child Abuse and Maltreatment. A single report to that registry can open parallel investigations by Child Protective Services and law enforcement simultaneously. Anyone who works closely with children faces heightened exposure to accusations because of that proximity.

Physical evidence isn’t required for an arrest. Allegations involving claimed conversations or exposure to sexual material can generate criminal charges. Accusations also arise in custody disputes and family conflicts, making the credibility of the person making the accusation a central defense issue. Early intervention matters because statements made before an attorney is involved often become damaging evidence in a case.

How We Defend Child Molestation Cases in Monroe County

Our defense work on these cases typically involves:

• Independent investigation using private investigators and expert witnesses to examine timelines, statement inconsistencies, forensic testing methods, and how evidence was collected
• Credibility analysis of the accuser’s statements over time, including changes in the account and the circumstances under which the disclosure was made
• Constitutional challenges to how evidence was obtained, whether searches were lawful, and whether statements made by the accused are admissible
• Expert review of psychological or forensic interview methods used during the investigation, which can sometimes produce unreliable results
• Age-proximity provisions under New York law, which may apply as a partial defense in cases involving parties close in age

Because our attorneys prosecuted sex offense cases at the Monroe County District Attorney’s Office before switching sides, we know how these investigations are structured and where they tend to be vulnerable. Some cases in Monroe County can be resolved through negotiations that may reduce charges or limit registration requirements. Others are best taken to verdict in Monroe County Court or Rochester City Court. As recognized trial attorneys, we’re prepared for both. The right path depends entirely on the facts, and we don’t commit to a strategy until we understand yours.

What to Do Right Now If You’ve Been Accused

The steps you take before hiring an attorney can significantly affect your defense. Don’t speak with police, detectives, or prosecutors about the allegations under any circumstances. Texts, emails, and social media posts discussing the situation can become evidence. Avoid any contact with the complaining party or anyone connected to the case.

Preserve anything relevant to your whereabouts or conduct: messages, travel records, receipts, or other documentation. Don’t delete anything. We can get involved while an investigation is still ongoing, before charges are ever filed. In some cases, our attorneys can communicate directly with the prosecution during the charging process to provide context that may affect how charges are brought.

Talk to a Child Molestation Lawyer in Rochester Today

Consultations are free, confidential, and free of judgment. We listen to your account first, ask the right questions, and build a strategy around your specific situation. DeCarolis Defense serves clients in Rochester and throughout Monroe County.

Reach us at (585) 639-3111 or through our online contact form. We’re available 24 hours a day and explain our fees upfront so there are no surprises.