Monmouth County Sex Crimes Lawyers

Types of Sex Crime Cases Our Law Firm Handles

During our decades as prosecutors and public defenders at the county courts in Freehold, and now criminal defense attorneys, we have handled a wide range of sex crime cases. The types of sex crime charges our law firm defends in Monmouth County include:

Being accused of a sex crime is a very serious matter. If you are convicted, you will likely face jail or prison time, high fines, and could be required to register as a sex offender. This can have a major impact on your life, making it difficult to find employment or housing.

You should also know that the risk of life-altering consequences is only enhanced if you were arrested by local authorities, the New Jersey State Police, or the Monmouth County Prosecutors Office for any form of child sexual abuse or molestation or production/manufacturing of child pornography. Whether the prosecution is being undertaken by the Attorney General or county prosecutor, they are extremely aggressive with these types of cases so absolutely need the type of muscle that our law office and former veteran prosecutors can provide.

As a result, it is essential that you take steps to protect your rights. One of the best ways to do this is to engage an experienced Monmouth County criminal defense attorney. A skilled lawyer will be able to review the evidence against you and build a strong defense. This could make the difference between a conviction and an acquittal.

To set up a free initial legal consultation and start a strong legal defense with a sex crime lawyer at Marshall Criminal Defense, contact us in Freehold or Middletown New Jersey.

Sex Crime Penalties in New Jersey

Depending on the sex crime you are being charged with, you could be facing extremely harsh punishment under New Jersey law.

On one end of the spectrum is aggravated sexual assault, a first-degree crime, that carries up to 20 years in prison. If the alleged victim is under thirteen (13) years old, the Lunsford Act takes the period of potential incarceration for aggravated sexual assault even further to 25 years to life in New Jersey State Prison. Certain child pornography charges can also escalate to first degree crimes, for example, causing or permitting a child to create child pornography, possessing over 100,000 images, or distributing more than 1,000 images.

Sexual assault (non-aggravated), which is probably the most common sex crime encountered in Monmouth County, is generally a second-degree crime that carries a maximum 10-year prison sentence. This would also be the case for Endangering the Welfare of a Child involving sexual misconduct and most instances of child pornography distribution (e.g. participating in a file sharing network with respect to child sexual abuse material).

Further down the scale, lewdness (exposing of the genitals for purposes of arousal) is a disorderly persons offense in most cases, but may be a fourth-degree crime if a person allegedly exposes themselves or flashes someone who is younger than 13 and the actor is at least four years older than the child, or flashes a person who because of mental disease or defect is unable to understand the sexual nature of the actor’s conduct.

Under New Jersey criminal law, the standard penalties for sex crimes are:

• A first-degree offense is punishable by 10-20 years in prison and a fine of up to $200,000.
• A second-degree offense is punishable by 5-10 years in prison and a fine of up to $150,000.
• A third-degree offense is punishable by 3-5 years in prison and a fine of up to $15,000.
• A fourth-degree offense is punishable by up to 18 months in prison and a fine of up to $10,000.
• A disorderly persons offense is punishable by a fine of up to $1,000.
• A petty disorderly persons offense is punishable by a fine of up to $500.

Most offenses involving sex charges also trigger collateral consequences such as registering with the State of New Jersey as a sex offender under Megan’s Law and Parole Supervision for Life (PSL). Failure to register as required results in a separate felony criminal offense. Lastly, someone arrested and/or charged with a sex crime is exposed to the possibility of a restraining order under Nicole’s Law.

If you are facing sex crime charges and the possibility of penalties as serious as those described, don’t take chances with your freedom and future. Contact our office to ensure you have an experienced advocate on your side.

Sex Offender Registation

The vast majority of sex offenses set forth in the NJ criminal code result in mandatory registration under Megans Law. It is also common for the same charges to trigger Parole Supervision for Life, commonly referred to as PSL or CSL (i.e. Community Supervision for Life). The following convictions require registration under Megan’s Law:

• Sexual assault
• Statutory rape
• Aggravated criminal sexual contact
• Endangering the welfare of a child (sexual contact with a minor)
• Child pornography distribution, production, etc.
• Luring or enticing a minor
• Criminal sexual contact with a minor
• Kidnapping of a minor (and you are not the parent)
• Criminal restraint of a minor (and you are not the parent)
• False imprisonment of a minor (and you are not the parent)

Registering as a sex offender requires the convicted individual to report to local police, at a minimum. In some situations, schools and other organizations near the convicted individual’s home and work may have to be notified as well. There is also a possibility that an individual is listed in a sex offender registry that is posted on the internet and open to the public. If someone is deemed extremely prone to sex compulsivity, he/she can even be placed on electronic monitoring.

If a defendant is required to register under Megan’s Law, the Monmouth County Prosecutor’s Office will classify the registrant as either Tier I, Tier II, or Tier III based on a graded scale of the risk they pose. This Tier rating will determine who must be notified of the registrant’s status.

Tier I is for low-risk offenders, requiring notification of law enforcement agencies.

Tier II is for moderate-risk offenders, requiring notification of law enforcement agencies, schools, licensed daycare centers, summer camps, and registered community organizations the offender may come into contact with.

Tier III is for high-risk offenders, requiring notification of law enforcement agencies, schools, licensed daycare centers, summer camps, registered community organizations the offender may come into contact with, and members of the public through a website.

All three levels of notification require that the registrant provide the following information:

• Name, description, and photograph
• Home address
• Place of employment or school, if applicable
• A description of the offender’s vehicle and license plate number
• A brief description of the offender’s crime

When grading the registrant, the Prosecutor’s Office is to consider the nature of the offense, the registrant’s criminal history, any rehabilitation or counseling since the offense, and the registrant’s support in the community.

If the Prosecutor’s Office improperly rates and classifies an individual, the individual can appeal the decision with the assistance of a knowledgeable Monmouth County defense attorney.

Megan’s Law also provides for potential removal from registration after 15 years if certain criteria are met.

Sex offender registration is clearly a complex consequence that needs to be dealt with by an experienced sex crimes attorney. The staff at Marshall Criminal Defense has the experience and knowledge to help navigate the sex offender registration process. We will advocate on your behalf to ensure that you are treated fairly throughout the process.

To schedule a free initial legal consultation, call us today at 1-877-328-0980.

Consent In Monmouth County Sex Cases

In most cases, sex crime charges are based on intimate acts between only two people. This can make it difficult to determine what really happened, as there may be conflicting accounts from the two individuals involved. The question of consent is often at the heart of such cases, as a defendant may admit to the sexual act but claim that the accuser consented.

However, New Jersey criminal justice law recognizes that there are certain cases where a person who has engaged in a sex act was unable to legally consent.

A person is unable to consent if:

• They are younger than 16 years old,
• They are at least 16 but less than 18 and are: (1) related to the actor by blood or affinity to the third degree; (2) the actor has supervisory or disciplinary power over them, or; (3) the actor is a resource family parent, guardian or stand loco parentis in the household; or
• They have diminished mental capacity and the actor knew or should have known the alleged victim was physically helpless, mentally incapacitated, or had a mental disease or defect that rendered the victim temporarily or permanently incapable of understanding the nature of the sexual conduct. This includes a victim who was drunk, drugged, high, unconscious, or who has a developmental disability.

Because sex crimes so often come down to one person’s word against another’s, there is ample opportunity to negotiate and convince prosecutors that justice would be served by a lesser charge or sentence. And when the state’s case does not hold up, charges may even be dismissed or defeated in court.

But, you must have a seasoned Monmouth County defense attorney on your side who understands New Jersey law and has a relationship with the prosecution to make a deal happen.

If you have been arrested for a sex crime in Monmouth County, the sooner you get the legal team from Marshall Criminal Defense working on your case, the sooner we can challenge the evidence against you or even how you were arrested.

Contact Our Sex Crimes Lawyers For A Potent Defense To Your Charges

You face prison time, Megan’s law sex offender registration, and PSL if you are convicted of many forms of sex crime at the Monmouth County Superior Court or anywhere else in New Jersey.

Fortunately, the Constitution guarantees that defendants have a right to a zealous defense. A defendant is also presumed innocent until proven guilty. The key for you is to take full advantage of these rights.

At Marshall Criminal Defense, we are steadfast in fighting for the best possible result. We’ll work tirelessly to fight for your rights and ensure that your reputation and future are fully protected. And the sooner we can get involved in your sex case in Monmouth County, the better we can safeguard your rights and make certain that your side of the story is heard. Way too often, the only voice heard is that of the alleged victim; we will make sure your side is also listened to.

Contact us now, so what we can:

• Immediately work for your release at the lowest possible bail if you are being held.
• Start an independent investigation into the charges against you, including examining the prosecution’s evidence used to indict you. Then, we can argue for the exclusion of any disputable evidence.
• Uncover evidence of errors or misconduct in your arrest or the prosecution’s case, such as:
  • Illegal arrest
  • Illegal search and seizure
  • Mistaken identity or faulty lineup of suspects
  • False witness testimony
  • Faulty or fabricated evidence
  • Faulty forensic testing
• Investigate whether there was any profiling or racial, ethnic, religious, socio-economic, gender, or age bias
• Examine and question statements by the prosecution’s witnesses, including the alleged victim
• Seek witnesses who can testify on your behalf

Our primary objective is to have charges dismissed or reduced if possible. If it is necessary to go to trial, our attorneys will be prepared to closely question the prosecution’s case and vigorously defend you.

If you have been arrested for a sex crime in Monmouth County, exercise your right to remain silent and call our experienced criminal defense attorneys as soon as you. Our team will move promptly and work diligently to keep you from facing severe penalties for sex crimes.

Contact us now at 1-877-328-0980 for a free initial legal consultation with an attorney in our Freehold Law Office. This service is provided without obligation so do not hesitate to speak to a lawyer on our team, including a former assistant prosecutor in Monmouth County, about your sex case.