The defendant's attorney argues that his client did not actually penetrate the victim with his penis, so he shouldn't be charged with a felony. However the victim stated he penetrated her vagina with his fingers, which constitutes aggravated sexual abuse in the second degree, a class C felony.
The defendant was being charged with attempted rape in the first degree, a class C felony with a minimum sentence of 3.5 years in prison. Carisi tells him he would take a plea to aggravated sexual abuse in the first degree, which makes no sense because it is a class B felony, which is a more severe crime and has a minimum sentence of five years in prison.