Our Team of Former County Prosecutors Are Highly Skilled In Defending Aggravated Sexual Assault Charges Throughout New Jersey
The most serious sex crime someone can face in New Jersey is aggravated sexual assault, also referred to as “rape.” The aggravated sexual offense is a first-degree crime that carries the possibility of decades in state prison and dire collateral consequences such as registration as a sex offender under Megan’s Law and Parole Supervision for Life (“PSL”). An individual can be charged with aggravated sexual assault if they engage in sexual penetration without the victim’s consent under one of seven (7) circumstances outlined in N.J.S.A. 2C:14-2(a).
Given the nature of the issues confronted in these types of rape cases, as well as the severity of the penalties involved, they tend to be some of the most complex and highly contested charges that a NJ criminal attorney can encounter. It naturally follows that aggravated sexual assault is a criminal charge that not only requires representation by a defense lawyer but also one who is extremely accomplished. The stakes are clearly extreme, so there is no room for anything short of someone who is exceptionally skilled.
The attorneys at the Law Offices of Jonathan F. Marshall have the qualifications that you need to ensure the most favorable outcome is achieved in your sexual assault case. Our team can offer you:
- Over 200 years of combined experience defending complex sex crimes throughout NJ
- 11 lawyers that practice exclusively in the area of criminal law
- Former county prosecutors who have served in positions where they gained invaluable insight into the defense of aggravated sexual assault cases, such as Director of Major Crimes, Special Operations, Juvenile Unit, and even an entire Trial Division
- Certified criminal trial attorneys
If you are under investigation for aggravated sexual assault, including allegations of molestation of a child, or have already been arrested, you cannot compromise when it comes to your selection of an attorney. You need someone who is unquestionably experienced, possesses a proven track record of success, and has tried many sex cases. Contact us at 855-450-8310 for a free consultation with one of our lawyers anytime, 24/7.
Aggravated Sexual Assault Offense in New Jersey
There are seven (7) scenarios that can result in aggravated sexual assault under 2C:14-2a. A prerequisite under each scenario is sexual penetration. The offense has been committed when this act occurs under the following circumstances:
- Victim Less Than 13 Years of Age;
- Victim Is At Least 13 But Less Than 16 Years of Age, and the actor: (i) Is related to the victim by blood; (ii) Had supervisory or disciplinary power over the victim; or (iii) Is a resource family parent, a guardian, or stands in loco parentis within the household;
- Committed the penetration during the course of a robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
- Committed penetration while armed with a weapon or what appeared to be one and the item was used to threaten the victim;
- Used physical force or coercion and was aided or abetted by one or more third parties;
- Caused severe personal injury to the victim; or
- Committed the penetration to a victim who was physically helpless or incapacitated, intellectually or mentally incapacitated.
Penalties for Aggravated Sexual Assault in New Jersey
Aggravated sexual assault is a first-degree crime under 2C:14-2. The standard penalties at sentencing for a first-degree crime include 10-20 years in prison, a $200,000 fine, registration under Megan’s Law, and Parole Supervision for Law. You should also know that the No Early Release Act (“NERA”) applies. This sentencing provision requires that a defendant serve at least 85% of their sentence before becoming eligible for parole.
Enhanced Consequences If The Victim Is Under 13
The penalties for aggravated sexual assault are enhanced when the victim of an aggravated sexual assault is under thirteen (13) years old. The prison term is increased under the Lunsford Act to 25 years to life. The prosecutor is permitted, in the interest of the victim, to make a pre-indictment plea offer of fifteen (15) years.
Victim Participation in Resolution
The law requires that the victim be consulted in any resolution of the aggravated sexual assault charge. While prosecutors continue to enjoy discretion and the authority to negotiate a plea, they are instructed to speak to a victim before consummating a plea. The victim should also be afforded the right to speak at sentencing.
Statute of Limitation
There is no statute of limitations for filing a complaint or indictment for aggravated sexual assault.
Restraining Order
When someone accused of aggravated sexual assault is released from custody, a sexual assault restraining order is typically issued. This order bars any and all contact with the victim.
Defenses to an Aggravated Sexual Assault Offense
There are a host of potential defenses that can be raised in an aggravated sex assault case in New Jersey. The headings in this subsection outline some of the more populated defenses for someone charged with raping or molesting someone.
The Incident Did Not Happen
Unfortunately, innocent people are regularly accused of criminal wrongdoing. Some even lose years of priceless freedom as their lives are ruined forever because they are wrongly convicted of crimes they did not commit. The criminal justice system is imperfect. The possibility is that you may be accused of a crime you did not commit. It is not uncommon in sexual assault cases for victims to make false allegations because of a personal motive based on a past or current relationship with the accused. Although wrongfully accused, you may have an alibi placing you at a different location when the alleged crime occurred. You also may have witnesses who can confirm your presence in a different place at the time in question.
Other evidence may be available such as surveillance footage, GPS records, and other documentation supporting your alibi. You will still need to present and assert all this evidence in a court of law to establish that you are not guilty of the criminal offense you are charged with. Any available DNA evidence can help establish with a high degree of certainty whether you were involved or even present at the scene of the alleged criminal offense. In a criminal case, the government is burdened to prove guilt beyond a reasonable doubt. Insufficient forensic evidence will make it difficult for the prosecution to prove your guilt beyond a reasonable doubt and may lead to a “not guilty” verdict.
Consent Was Given
When there is consent, the purported “victim” isn’t someone who was raped because they voluntarily agreed to have sex.
The sexual act was not done against the victim’s will, so a fundamental element of aggravated assault cannot be established. It is also important to remember that consent can exist without verbal expression. Permission to engage in sexual intercourse is often indicated through physical actions rather than words. Permission is demonstrated when the evidence, in whatever form, is sufficient to demonstrate that a reasonable person would have believed that the alleged victim had affirmatively and freely given authorization for the sexual act.
Proof that the act of sexual penetration occurred without the victim’s permission can be based on evidence of conduct or words based on the surrounding circumstances. These circumstances must demonstrate beyond a reasonable doubt that a reasonable person would not have believed there was affirmative and freely given permission. If there is evidence to suggest that the defendant reasonably believed that such permission had been given, the State must demonstrate beyond a reasonable doubt either that the defendant did not actually believe that permission had been freely given, or that such a belief was unreasonable under all the surrounding circumstances.
Aggravated Sexual Assault Defense Lawyers in New Jersey
Allegations of molestation or some other form of aggravated sexual assault are clearly very harsh. The situation is even more complicated when companion charges like an NJ endangering the welfare of a child offense are involved. There is an absolute requirement that an experienced attorney represent the accused. The defense team members at the Law Office of Jonathan F. Marshall include talented attorneys with decades of handling the toughest sex crime cases. To discuss the allegations against you or your loved one with an attorney anytime, 24/7, call 855-450-8310. We will be happy to deal with issues like a first appearance, a detention hearing, or others involved in your case. The consultation is free.
Frequently Asked Questions In NJ Aggravated Sex Assault Cases
Aggravated Sexual Assault
What Is The Difference Between First Degree and Second Degree Sexual Assault?
We are often asked what makes a sex assault aggravated under New Jersey law. A prerequisite to either offense is sexual assault is penetration of another without consent. The offense escalates from second degree sexual assault to a first degree crime, aggravated sexual assault, where one of the following applies: (1) victim that is under the age of thirteen (13); (2) the victim is under sixteen (16) and the actor is a parent, guardian, or someone responsible for disciplining or supervising the child; (3) the assault was committed during a robbery, homicide, burglary or similar offense; (4) the actor used a weapon; (5) the offender was assisted by another person and involved force or coercion; (6) force was used and resulted in injury to the victim; and (7) the victim was helpless, mentally impaired, or otherwise not able to provide consent
How Many Years In Prison Does Someone Face For Aggravated Sexual Assault?
Typically, the range of imprisonment is 10-20 years for aggravated sex assault. However, New Jersey adopted enhanced penalties in the Lunsford Act that apply where the victim of sexual assault (i.e. child molestation) is under the age of thirteen (13). An individual faces a term of imprisonment of 25 years with the possibility of life in prison when they are convicted of aggravated sexual assault of a victim who is under thirteen (13).
Can Someone Commit Aggravated Sexual Assault By Coercion?
Yes, there are instances where a fully competent individual can be raped even though there was no force. Penetration is accomplished through coercion, there is no voluntary consent thereby giving rise to sex assault. In order for penetration to be procured through coercion, the defendant must have intended to coerce the victim to commit an act of sexual penetration by threatening any of the following: (1) inflict bodily injury on anyone or commit any other offense; (2) accuse anyone of an offense; (3) expose any secret which would tend to subject any person to hatred, contempt, or ridicule, or to impair his or her credit or business reputation; (4) take or withhold action as an official, or cause an official to take or withhold action;(5) testify or provide information or withhold testimony or information related to another’s legal claim or defense; or (6) perform any other act which would not in itself substantially benefit the defendant but which is calculated to substantially harm another person related to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships.
Are There Situations Where Consent Does Not Apply?
In New Jersey, minors, incapacitated individuals, and those suffering from certain mental illnesses cannot “consent”. This limitation applies where the victim is:
- Legally incompetent to authorize the conduct charged as the criminal offense;
- Intoxicated or under the influence of drugs to the extent that they are unable to freely consent;
- Mentally incompetent; or
- Under the age of sixteen (16).
If any of these four (4) circumstances exist, consent is not a defense to a sexual assault charge.
