What are Sex Offender Risk Levels? – Petitioning for a Reduction

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When I was arrested and charged with two Misdemeanors, I was not only stunned but pretty scared too. I had never been arrested before and knew nothing of the process. Adam defended me with passion, non-judgment and thorough knowledge and experience of the law that I would have been utterly lost without. My record will be clean and I couldn't be happier. Myself, my family, friends and community are eternally grateful. THANK YOU, ADAM!! *****

Innocent and Facing Charges That Would Have Ruined My Life

"I had just recently graduated from law school and was awaiting my bar exam when I was charged with 3 class D felonies. Adam was incredibly invested and attentive from the beginning of my case. He greatly exceeded my expectations in how often he took the time to come visit me in jail with updates. He calmly talked my wife through the issues and helped her understand what was going on. Adam believed in me and took the case to jury trial in Monroe County Court. His courtroom performance was excellent, combined with a solid grasp of litigation procedures and law. The jury verdict was not guilty on the 3 counts. I WAS DISCHARGED AND ACQUITTED ON ALL COUNTS. Worst-case scenario I was looking at 21 years in prison, and instead today I have my life back."

When a person is convicted of a sex crime, they are assigned a sex-offender risk level.

"1" is the lowest level of risk of re-offending, "2" indicates a moderate level of risk for re-offending, and "3" indicates a high level of probability that the person will re-offend, and that the person poses a risk to society as a result.

For level 2 and 3 sex offenders, their name, photo, home address, and conviction information is posted in a Public Registry of Sex Offenders. With each increase in the risk level, there are more onerous terms of monitoring and more lengthy periods of time during which the person must be monitored.

The NYS Corrections law Section 168-o, allows for a petition to be filed, seeking a court order to lower the level of risk:

Any registered sex offender or district attorney may petition the sentencing court or the court which made the determination regarding the level of notification for an order modifying the level of notification (risk level). Correction Law §168-o sets forth the procedures to follow when a registered sex offender or the district attorney wishes to file a petition to modify an offender's risk level.

If you are seeking to file a petition to reduce your risk level, we can assist you. Not everybody who is a convicted sex offender is a violent rapist or career child pornographer. There are countless cases of 20-year-olds who have been labeled a "sex offender" because they had sexual contact with somebody who is more than 4 years and one day younger than them.

We attempt to reduce your Risk Level by first looking at how you scored on the Risk Assessment Instrument (RAI) that was used to set your Risk Level. Then we complete a new Risk Assessment Instrument using the Risk Assessment Guidelines and Commentary to look at where we might be able to shave off points and successfully argue for a reduction. This is what the RAI looks like: SORA Risk Assessment Instrument (RAI)

If you would like to meet with me, there is an initial consultation fee of $250.00 during which you come to the office and we discuss your case. As of the date of this post, the typical flat fee for such a case is $4,000.00, but that can vary based on circumstances and is subject to change. Feel free to email me or call (585) 485-0025 to schedule an appointment. I look forward to helping you.

The Militello Law firm
2480 Browncroft Boulevard
Rochester, New York 14625
Phone: (585) 485-0025 Fax: (585) 286-3128