In New Jersey, sexual assault is the legal term for the crime of rape. Sexual battery is essentially the same crime. A charge of sexual assault or sexual battery may become aggravated sexual assault or battery in certain circumstances, such as with the use of a weapon or if the victim is a child.
If you have been charged with sexual battery in New Jersey, the seriousness of your situation cannot be overstated. You could face harsh punishments that could affect the rest of your life. You need the protection and guidance of an experienced N.J. criminal defense attorney as soon as possible.
A sexual assault defense lawyer from the Law Offices of Jonathan F. Marshall can provide the experienced and aggressive legal representation you need to defend your rights. Regardless of what led to the charges, you are presumed innocent until proven guilty. Our attorneys can help you seek the most positive resolution to the case that New Jersey law makes possible.
The criminal defense lawyers at the Law Offices of Jonathan F. Marshall are former New Jersey prosecutors and public defenders with decades of experience throughout the state. We thoroughly understand New Jersey’s sex crime laws and how prosecutors conduct sexual battery cases. Our firm has offices across the state, which we support with the personnel and resources necessary to develop a solid defense against sexual battery charges.
The Law Offices of Jonathan F. Marshall offers you the wisdom and dedication of a seasoned legal defense team consisting of:
- 15 lawyers whose practices are dedicated exclusively to criminal defense, including certified criminal trial attorneys
- Over 200 years of combined legal experience defending clients accused of sexual battery and other sex crimes in New Jersey
- Former county prosecutors and attorneys general who have served in policy-making criminal justice roles, including former directors of Major Crimes, Special Operations and Juvenile divisions, and even an entire Trial division
- Criminal defense attorneys who have succeeded in hundreds of jury trials.
The Law Offices of Jonathan F. Marshall can ensure that you are represented by a team of seasoned criminal defense attorneys who have everything they need to help you seek a favorable resolution of charges involving sexual battery or aggravated sexual battery in New Jersey. Call us now at 877-534-7338 for a FRE consultation.
Sexual Battery Charges in New Jersey
New Jersey sexual assault laws state that a criminal charge of sexual battery in New Jersey requires an act of sexual penetration, which may occur under several circumstances that make the act illegal.
Under the law, battery is generally the unlawful use of force directly or indirectly against another person that is offensive contact or that causes bodily injury. An attempt or threat of battery is “assault.”
If a person commits an act of sexual contact (i.e., not penetration) with a victim who is less than 13 years old and the actor is at least four years older than the victim, this may be charged in New Jersey as a crime of sexual battery.
An act of sexual penetration with another person constitutes sexual battery under New Jersey’s sexual assault laws when:
- The actor uses physical force or coercion or acts without the victim’s affirmative and freely given permission but does not severely injure the victim.
- The actor has legal, professional, or occupational status that gives them supervisory or disciplinary power over a victim who is on probation or parole or is detained in a hospital, prison, or other institution.
- The victim is 16 or 17 years old and:
- The actor is related to the victim by blood or affinity to the third degree (by marriage, such as a “step” or “in-law”).
- The actor has supervisory or disciplinary power of any nature or in any capacity over the victim.
- The actor is a resource family parent, a guardian, or stands in the place of a parent within the household.
- The actor is a teaching staff member or substitute teacher, school bus driver, other school employee, contracted service provider, or volunteer and has supervisory or disciplinary power over the victim, who is a pupil at least 18 but less than 22 years old and has not received a high school diploma.
An act of sexual penetration with another person is aggravated sexual battery if:
- The victim is younger than 13 years old.
- The victim is at least 13 years old but younger than 16 years old and:
- The actor is related to the victim by blood or by marriage.
- The actor has supervisory or disciplinary power over the victim.
- The actor is a resource family parent, a guardian, or stands in the place of a parent within the household.
- The act is committed during the commission or attempted commission of a robbery, kidnapping, homicide, aggravated assault on someone else, burglary, arson, or criminal escape.
- The actor has a weapon or anything used so the victim will reasonably believe it is a weapon and threatens by word or gesture to use the weapon or object.
- The perpetrator is aided or abetted by one or more other persons and uses physical force or coercion.
- The perpetrator uses physical force or coercion and severely injures the victim.
- The perpetrator knew or should have known the victim was physically helpless or incapacitated, intellectually or mentally incapacitated, or had a mental illness, injury, or disability that made them incapable of understanding the nature of the act, including being incapable of providing consent.
New Jersey Penalties for Sexual Battery
Sexual assault is a second-degree criminal offense in New Jersey. If you are convicted, you could be sentenced to 5 to 10 years in prison and ordered to pay a fine of up to $150,000.
Aggravated sexual assault is a first-degree criminal offense in New Jersey. It is punishable by 10 to 20 years of jail time and a fine of up to $200,000.
Under Megan’s Law, a person convicted of sexual assault or aggravated sexual assault in New Jersey must register as a sex offender. This means the offender must report to local police and may be required to notify schools or other organizations near their home and place of business of their status as a sex offender. The law makes names of high-risk offenders on the N.J. sex offender registry available to the public on the Internet.
Sentencing for a sexual battery conviction includes community supervision for life. This is supervision by a parole officer that continues unless you obtain a judgment to end it. After a minimum of 15 years served under community supervision, a former offender may petition to be removed from Megan’s Law and CSL supervision.
The severity of penalties for sexual battery in New Jersey makes it imperative that you remain silent if questioned by police or prosecutors and contact a criminal defense attorney at your first opportunity.
The sooner you engage a New Jersey sexual battery attorney from the Law Offices of Jonathan F. Marshall to represent you in a sexual assault or battery case, the faster one of our attorneys can act to protect your rights and develop a defense for you based on your specific circumstances.
Potential Defenses Against N.J. Sexual Battery Charges
Anyone facing charges of sexual battery or aggravated sexual battery has the Constitutional right to a robust legal defense and the court’s presumption of innocence. Without a guilty plea, prosecutors must prove guilt beyond a reasonable doubt.
The N.J. sexual battery lawyers at the Law Offices of Jonathan F. Marshall defend individuals charged with sexual battery or aggravated sexual battery in New Jersey and other sex crimes.
If you are in custody, we will seek to obtain your release. We will go over the charges with you and discuss with you what led to your arrest or indictment. We will investigate to determine what evidence the state is relying on and the strength of the case against you.
As we compile evidence to build your defense, the evidence may support motions to dismiss or reduce charges or allow us to mount a legal defense for you.
Sexual battery charges typically stem from sexual activity or intimate acts involving two people, and only they know what really happened. The question of consent is often at the center of a sexual battery case.
Eventually, we will be allowed to examine statements by the prosecution’s witnesses, including the alleged victim. In some cases, the defendant admits to a sexual act but asserts that the accuser consented. Sometimes the alleged victim of sexual battery changes their story as the potential consequences of their allegations become more apparent.
A defense may be based on:
- Police misconduct, such as illegal arrest, search or seizure, or failure to advise of your Miranda rights against self-incrimination,
- An alibi, such as your ability to establish that you were somewhere else when the incident in question occurred,
- Faulty forensic testing or chain of custody issues with handling of evidence, such as rape kit DNA evidence,
- Mistaken identity, such as occurs with faulty suspect lineups,
- Unreliable or faulty witness testimony,
- Racial, ethnic, gender, age, sexual orientation, socio-economic, or other bias on the part of authorities or witnesses.
Because a sexual battery case in N.J. often comes down to whose version of events is more credible, it’s not unusual to negotiate a plea agreement involving reduced charges. If the prosecution’s case does not hold up after our investigation, we will seek to have the charges dismissed. If it is necessary to go to trial, we will do so prepared to question the prosecution’s case and defend you.
Ensuring that you have a rigorous defense when facing sexual battery charges requires you to engage a seasoned New Jersey defense attorney who understands what New Jersey’s sexual battery laws require.
Being arrested or indicted for sexual assault or battery in New Jersey is only the start of a lengthy and complex criminal process. It need not end in a finding of guilt or a lengthy prison sentence. You have reason to be optimistic when the experienced New Jersey sexual battery defense attorneys from the Law Offices of Jonathan F. Marshall are defending you.
Facing a Sexual Battery Charge in New Jersey? Call Us Today
If you have been arrested or face indictment for sexual assault or battery in New Jersey, contact the Law Offices of Jonathan F. Marshall as soon as possible. Our New Jersey sex crimes defense attorneys have the knowledge, experience, and reputation in New Jersey’s legal community necessary to build a strong defense and protect you from a verdict that leads to severe punishment and lasting damage to your life.
Don’t face New Jersey sexual battery charges and the harsh consequences of a guilty verdict without a solid legal defense. Contact the Marshall criminal defense team at any of our 12 New Jersey locations now for a free initial consultation about the legal options available to protect you.
