Jersey City NJ Criminal Sexual Contact Lawyer
Although criminal sexual contact is a less serious sex offense than many in Hudson County New Jersey, it is nevertheless nothing to take lightly. A conviction for a fourth degree crime such as this results in exposure to state prison and the stigma of a sex related charge on your record. The Law Office of Jonathan F. Marshall has been representing clients charged with criminal sexual contact, lewdness, aggravated criminal sexual contact, sexual assault and aggravated sexual assault in Hudson County for over 150 years between the 10 defense lawyers on our staff. It is pivotal that you retain an attorney with a high level of experience as it will ensure that you have the best opportunity to secure a favorable resolution. A lawyer on our team is available to discuss your arrest in Jersey City, Kearny, Hoboken, Bayonne, Harrison, Weehawken or elsewhere in Hudson County at your convenience. If you would like a free initial consultation with any one of our eight criminal defense attorneys, please contact our Jersey City office at (201) 309-1800.
Criminal Sexual Contact Attorneys in Hudson County, New Jersey
The offense of criminal sexual contact is set forth at N.J.S.A. 2C:14-3(b) and provides that “[a]n actor is guilty of criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in [N.J.S.A.] 2C:14-2(c).” Given the rather sparse nature of this law, there are many questions that are common when someone is facing a charge for criminal sexual contact at the Hudson County Superior Court in Jersey City.
What constitutes “sexual contact” under 2C:14-3(b)? Sexual contact is defined as “an intentional touching by the victim or actor, either directly or through clothing, of the victim’s or actor’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact of the actor with himself must be in view of the victim whom the actor knows to be present.”
How are “intimate parts” defined under this law? N.J.S.A. 2C:14-1(e) provides that intimate parts are “sexual organs, gential area, anal area, inner thigh, groin, buttock or breast of a person.”
Is there anything more than sexual contact with an individual’s intimate parts that is required to obtain a conviction? Yes, one of the circumstances set forth in 2C:14-2(c) is required, including: (1) use of physical force or coercion without severe personal injury to the victim; (2) the victim being on probation, parole, or detained in a hospital, prison or other institution and the actor having supervisory or disciplinary power; (3) the victim is at least 16 years of age but less than 18 years of age and the actor is either related to the victim, has supervisory or disciplinary power of over the victim or is a resource family parent within the household.
What penalties are imposed if someone is convicted of criminal sexual contact? If all of the elements discussed above are present, meaning that a sexual contact occurred within one of the above four circumstances, the actor will be guilty of a fourth degree crime. A fourth degree crime in New Jersey carries with it the potential for up to 18 months in a State prison, as well as fines of up to $10,000. In addition, if the sexual contact is made against a person who is under the age of 18, then the actor will have to register as a sex offender under the provisions of Megan’s Law. With all that being said, if your attorney is able to convince the Judge and the prosecution that you would be a prime applicant for the Pretrial Intervention (“PTI”), you can avoid these penalties provided you successfully complete one year of probation.
Is there a time limit for filing a charge for criminal sexual contact? The statute of limitation is five (5) years from the date of the sexual contact in Hoboken, Weehawken, Secaucus, Bayonne or North Bergen. If a complaint or indictment is filed more than five (5) years of the contact, the offense is barred by the statute of limitation. The only exception to this rule is where the victim is under eighteen (18) when the criminal sexual contact occurs. The statute of limitation is extended to five (5) years from the date the victim reaches eighteen (18) when this is the case.
Jersey City Criminal Sexual Contact Defense Lawyer
Needless to say, given the potential for an extended stay in a State prison and the possibility of having to be a registered sex offender under Megan’s Law for life, you should not try to face criminal sexual contact charges with representation by a skilled defense lawyer. Here at the Law Offices of Jonathan F. Marshall, our attorneys have over 150 years of collective experience defending individuals charged with criminal sexual contact in Hudson County, including West New York, Union City, Jersey City, Harrison and Secaucus. Most of the lawyers on our team also have experience serving as prosecutors. If you would like a free consultation with an experienced attorney to learn what we can accomplish to help you, call (201) 309-0500.
