The Former County Prosecutors & Highly Skilled Hudson County Sex Assault Lawyers At Our Jersey City Criminal Firm Are Available To Discuss Your Charge Now
Our criminal defense attorneys have extensive experience defending charges for sexual assault, also referred to as sexual assault, rape, and statutory rape, at the Hudson County Superior Court in Jersey City. It is important that you retain someone with the skill to mount a thorough defense to your sexual assault charge since failure to secure an acquittal results in a lengthy prison sentence and registration as a sex offender under Megan’s Law. Retaining a Jersey City sex assault attorney with years of trials under their belt is crucial since a much higher percentage of these cases end up having to be tried. You, therefore, need to take the time to determine the extent of a lawyer’s actual qualifications (e.g., years in practice, sex assault trials, etc.) before you make your selection.
The team of Hudson County sex crimes lawyers at our firm, the Law Offices of Jonathan F. Marshall, unquestionably possess what you need for success. We are a team of former prosecutors with over 150 years of combined experience and countless sex assault trials on behalf of clients standing in similar shoes to you. Do not settle for rhetoric and puffery as to qualifications – take a close look at the actual credentials of the attorneys you are considering (e.g. when they were licensed if they have any sexual assault trials, etc.). There is no guesswork among the members of our firm, as most have over 15 years of individual experience and have participated in many jury trials during their tenure. You would certainly be shocked to learn just how many do not have these types of essential characteristics, so make sure you ask the right questions about qualifications to get the answers you really need when your liberty is at stake.
If you are looking for a Jersey City, NJ, sexual assault attorney because of an arrest in Union City, Hoboken, Weehawken, Bayonne, West New York, North Bergen, or another Hudson County town, we are here to help. Contact our Jersey City Office across from the county courthouse at 201-309-0500 to speak to one of our lawyers now.
Jersey City, NJ Sexual Assault Lawyers
The criminal offense of second-degree sexual assault, as well as the enhanced charge of aggravated sexual assault, is set forth at N.J.S.A. 2C:14-2. Subsections (b) and (c) of the statute are directed at the second-degree crime of sexual assault and are triggered when there is either sexual contact or sexual penetration under certain circumstances. The following are some of the more frequently encountered questions from individuals facing a sexual assault charge in Hudson County.
What Does “Sexual Contact” Mean Under The Sexual Assault Law?
The term “sexual contact” is defined in N.J.S.A. 2C:14-1 and means intentionally touching by the victim or the accused their intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. The key point to remember in this regard is that a second-degree crime for sexual assault based on sexual contact can be established by virtue of the defendant’s contact with the victim or prompting of the victim to touch their own intimate parts.
How Is “Sexual Penetration” Defined Under 2C:14-2?
“Sexual penetration” includes not only vaginal and anal intercourse but also oral sex and manual manipulation with the finger, hand, or any other object with the anus or vagina.
Can Someone Be Charged With Sexual Assault Even Though Sexual Penetration Did Not Take Place?
Yes. When sexual contact is made with someone who is under 13 years old or prompts someone under 13 years old to touch their own private parts, an actor commits a sexual assault in violation of 2C:14-2b. You should also know that the offense is committed if the accused makes sexual contact with himself in the presence of someone under 13.
Does Sexual Penetration Have To Be With Force To Constitute Sexual Assault?
No. Most sexual assaults occur without a “rape” type incident. You may be convicted of sexual assault if you have sexual penetration and: (1) the victim is on probation or parole and the actor is in a supervisory or disciplinary position; (2) the victim is at least 16 but less than 18 years old, and the actor is either related to the victim, in a supervisory or the disciplinary position over the victim or the guardian of the victim; or (3) the victim is at least 13 but less than 16 and the actor is at least 4 years older.
What Are The Penalties For Sexual Assault?
As previously stated, sexual assault is a second-degree crime that can result in a wide range of penalties at the time of sentencing in Jersey City. If you are found guilty of a sexual assault in North Bergen, Secaucus, Union City, Hoboken, Bayonne, West New York, Jersey City, or elsewhere in Hudson County, you are exposed to five (5) to ten (10) years in state prison, a fine of up to $150,000, Megan’s Law Registration, Nicole’s Law Registration, parole supervision for life, community supervision for life and potential civil commitment. In addition, sexual assault is also subject to the No Early Release Act, which requires a defendant to serve at least 85% of their sentence before they can become eligible for parole.
Can Someone Be Convicted Of Both Sexual Assault And Endangering The Welfare Of A Child?
Yes. If the defendant is a family member who commits a sexual act that results in both a charge for endangering the welfare of a child and sexual assault, he/she is subject to conviction for both offenses. If the defendant is not a family member in the same position, he/she cannot be convicted of both because the endangering the welfare of a child offense merges into the sexual assault.
What Is The Statute Of Limitations For The Hudson County Prosecutor’s Office To File A Complaint or Secure an Indictment for Sexual Assault?
There is no statute of limitation. N.J.S.A. 2C:1-6 allows a charge for sexual assault to be filed at any time.
Jersey City, NJ Sexual Assault Defense Attorneys
A defendant convicted of sexual assault in Jersey City not only faces a lengthy state prison sentence but also a slew of other life-altering collateral consequences, including registration as a sex offender under Megan’s Law and Parole Supervision for Life. Someone charged with violating 2C:14-2 should never, therefore, compromise when selecting a lawyer. Representation by an attorney who has significant trial experience is an absolute must. The defense attorneys at our Jersey City firm have the pedigree you need, with countless jury trials and sex assault cases during their tenure. If you or a loved one was arrested and charged with sexual assault by the police in a local municipality like Harrison, Guttenberg, Bayonne, Union City, or Secaucus, the lawyers at the Law Offices of Jonathan F. Marshall are ready to ensure that you enjoy the defense that you deserve. Call (201) 309-0500 to speak to a sexual assault attorney in Jersey City at our firm.
