We understand that being accused of a sex offense can have life-altering consequences, particularly for professionals whose careers and reputations are on the line. In a recent victory in Suffolk County District Court, our firm secured a full acquittal after trial on behalf of a physician charged with Forcible Touching (Penal Law § 130.52).
The defendant was represented at trial by attorneys David A. Arpino and Stacey Pennetti, who successfully challenged the prosecution’s theory of the case and obtained a verdict of Not Guilty on the only charge before the court, Forcible Touching.
The Allegation
The case arose from an incident at a Suffolk County hospital involving two employees. The prosecution alleged that our client intentionally engaged in unwanted sexual contact with a co-worker while both were working in the hospital’s emergency department.
The allegation carried serious consequences. A conviction for Forcible Touching can result in:
- A criminal record
- Potential jail exposure
- Significant professional licensing consequences
- Damage to personal and professional reputation
- Potential immigration consequences for some individuals
For a physician who had spent years building a medical career, the stakes could not have been higher.
The Defense
Throughout the trial, the defense maintained that the incident was not sexual in nature and that our client had mistaken the complainant for a close friend and colleague who worked at the hospital.
The defense presented testimony demonstrating:
- The interaction lasted only a matter of seconds.
- The incident occurred in a brightly lit, public area of the hospital.
- Numerous staff members and patients were nearby.
- There was no evidence of prior inappropriate conduct between the parties.
- The defendant immediately acknowledged that his conduct was inappropriate for the workplace but denied any sexual intent.
The defense argued that while the interaction may have been misguided and unprofessional, the evidence did not establish the criminal intent required for a conviction under New York law.
The Verdict
After hearing the testimony and reviewing the evidence, the court found our client:
NOT GUILTY
The acquittal resulted in a complete victory for the defense.
Final Outcome
✅ Not Guilty after trial
✅ No criminal conviction
✅ No impact to professional license
✅ No penalties imposed
Why Trial Experience Matters
Many criminal cases are resolved through negotiations, but some allegations can only be properly addressed at trial.
A criminal conviction requires proof beyond a reasonable doubt. When the evidence does not establish every element of the offense, an acquittal is the appropriate result.
This case demonstrates the importance of experienced trial counsel willing to thoroughly investigate the facts, challenge the prosecution’s evidence, and present a complete defense before the court.
Charged With a Crime in Suffolk County?
If you have been accused of a crime in Suffolk County or anywhere on Long Island, early intervention and experienced trial representation can make a significant difference in the outcome of your case.
David Arpino, Stacey Pennetti, and the criminal defense team at Arnold A. Arpino & Associates, P.C. fight to protect the rights, reputations, and futures of our clients.
📞 Call (631) 724-5251