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

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,
  • "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 Level 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.

Criminal Defense Attorney P. Adam Militello, Esq.
P. Adam Militello, Esq.

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)

Feel free to email me or call (585) 485-0025 to schedule an appointment. I look forward to helping you.

10.0P. Adam Militello
P. Adam MilitelloReviewsout of 30 reviews

Militello Law Firm
2480 Browncroft Blvd.
Rochester, NY 14625

1 University Drive
Geneseo, NY 14454

(585) 485-0025
Fax: (585) 286-3128