Cuomo could face these charges if arrested on Brittany Commisso allegations

The New York attorney general’s report on alleged sexual harassment by Gov. Andrew Cuomo was the result of a civil investigation, but it has since led to law enforcement officials opening criminal investigations with the possibility of Cuomo being arrested.

The big question is what – if anything – could the governor be charged with? On Sunday, Albany County Sheriff Craig Apple hinted at a possible result in the case involving Brittany Commisso, the executive assistant who brought the most serious allegations against the governor.

"It would probably be a misdemeanor, possibly a couple," Apple said during a news conference.

Criminal defense attorney and former Brooklyn prosecutor Julie Rendelman agreed with that assessment, based on Commisso’s allegation that in one instance Cuomo grabbed her butt while they took a selfie and on another occasion reached under her blouse and cupped her breast over her bra.

"Assuming a thorough investigation by the district attorney’s office supports Ms. Commisso’s allegations, Governor Cuomo is potentially looking at two misdemeanor charges, forcible touching and sexual abuse in the third degree," Rendelman told Fox News.

According to the statutory language, forcible touching is when someone "forcibly touches the sexual or other intimate parts of another person for the purpose of degrading or abusing such person, or for the purpose of gratifying the person’s sexual desire[.]"

Sexual abuse in the third degree is when someone "subjects another person to sexual contact without the latter's consent." Sexual contact is defined as "any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party … whether directly or through clothing."

As for possible punishments, forcible touching is a class A misdemeanor with a maximum penalty of one year in jail, and sexual abuse in the third degree is a class B misdemeanor that carries a maximum of 90 days.