Our Former County Prosecutors & Certified Criminal Trial Attorneys Are Ready To Discuss Your NJ Sex Assault Charge
In New Jersey, “sexual assault” is the legal term for the crime of rape. A criminal charge may become aggravated sexual assault in certain circumstances, such as use of a weapon or if the victim is a child. Punishment can include up to 20 years in prison and having to register with the state as a sex offender.
The seriousness of sexual assault charges in New Jersey cannot be overstated. If you face such a charge, the defense attorneys Marshall Criminal Defense can provide the aggressive legal representation you need to avoid being punished for the rest of your life. No matter the circumstances of the charges you face, we can help you seek the most positive resolution to the case available under New Jersey law.
Our legal team consists of former New Jersey prosecutors and public defenders with decades of experience throughout the state. We understand what the law requires and how prosecutors conduct a sexual assault case. Our firm also has the resources necessary to develop a solid defense against sexual assault charges.
The Law Offices of Jonathan F. Marshall is recognized for creative defense strategies. Also, because of the time we have spent in New Jersey courts, prosecutors know us well enough to work with us—to find paths to lesser charges or sentences, or for charges to be dismissed when warranted.
If you have been arrested or indicted for sexual assault in New Jersey, speak to an attorney from Marshall Criminal Defense as soon as possible. We can meet with you at any of our nine New Jersey locations for a free legal consultation. Call or fill out our online form today to schedule a meeting about the legal options for protecting you from the potentially devastating consequences of sexual assault charges.
There is no doubt that we possess extremely unique experience and skill in this area of law, including:
- A team of 15 lawyers whose practices are dedicated exclusively to criminal defense
- Over 200 years of combined experience defending sexual assault and other sex crimes in New Jersey
- Former County Prosecutors and Attorney Generals that have served in the highest positions such as Director of Major Crimes, Special Operations, Juvenile Unit and even an entire Trial Division
- Certified criminal trial attorneys on staff
- Literally hundreds of jury trials successfully completed
When you are facing a NJ criminal charge as serious as sexual assault, you cannot afford to hire an attorney who lacks trial experience. Indeed, a very high percentage of these cases cannot be resolved through a plea so it is exceptionally important that you hire a lawyer who has actually tried a sex case. Unfortunately, we find that most of the attorneys prevalent on the internet either have zero actual trial experience defending a New Jersey sex assault offense or extremely little. You cannot make the mistake of being duped into retaining someone that lacks this key ingredient. Don’t be fooled into presuming that someone has actually defended someone through trial — ask the important questions in your search — how many sex assault cases have you actually tried to verdict. At our firm, we have seasoned criminal attorneys who have everything needed to help you avoid a conviction. Call us now at 855-450-8310 for a free consultation.
The attorneys at Marshall Criminal Defense defend sexual assault charges throughout NJ, including in Bergen County, Hudson County, Union County, Monmouth County, Middlesex County, Burlington County, Mercer County, Ocean County and elsewhere.
How Does New Jersey Law Define Sexual Assault?
Criminal charges of sexual assault in New Jersey require “an act of sexual penetration with another person,” which may occur under a variety of circumstances to make the act illegal.
The crime is considered sexual assault if:
- The perpetrator uses physical force or coercion, but the victim is not severely injured.
- The perpetrator 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 perpetrator is related to the victim by blood or affinity to the third degree (related by marriage, such as a “step” or “in law”).
- The perpetrator has supervisory or disciplinary power of any nature or in any capacity over the victim.
- The perpetrator is a resource family parent, a guardian, or stands in loco parentis (“in the place of a parent”) within the household.
- The victim is at least 13 years old but not yet 16, and the perpetrator is at least four years older than the victim.
An act of sexual penetration with another person is aggravated sexual assault 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 perpetrator is related to the victim by blood or affinity to the third degree (related by marriage, such as a “step” or “in law”).
- The perpetrator has supervisory or disciplinary power of any nature or in any capacity over the victim.
- The perpetrator is a resource family parent, a guardian, or stands in loco parentis (“in the place of a parent”) within the household.
- The act is committed during the commission or attempted commission of robbery, kidnapping, homicide, aggravated assault on someone else, burglary, arson or criminal escape.
- The perpetrator 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, but not limited to, being incapable of providing consent.
What Are The Penalties for Sexual Assault In New Jersey
Sexual assault is a second-degree offense in New Jersey, punishable by 5 to 10 years in prison and a fine of up to $150,000.
Aggravated sexual assault is a first-degree offense in New Jersey, punishable by 10 to 20 years in prison and a fine of up to $200,000.
In addition, a person convicted of sexual assault or aggravated sexual assault is required to register under Megan’s Law. This requires the offender to report to local police and may include notifying schools or other organizations near their home and place of business of their status. Names of high-risk offenders on the N.J. sex offender registry are made available to the public on the internet.
Another collateral effect of a sex assault conviction is community supervision for life. What this essentially means is that you will be subject to supervision by parole office unless and until you secure removal. The minimum period that must be served on supervision before a motion to removed from Megan’s Law and CSL may be filed is fifteen (15) years.
Given the severity of penalties for sex assault in NJ, it is imperative that you remain silent and not speak to police or prosecutors if you are arrested or indicted for second degree sexual assault in New Jersey.
The sooner you engage Marshall Criminal Defense for representation in a sexual assault case, the faster one of our attorneys can step in to protect your rights and begin to develop a defense for you.
How Our N.J. Sexual Assault Attorneys Defend This Charge
The nonconsensual sexual penetration of another person, or rape, is rightly seen as a serious criminal offense that is severely punished in New Jersey. Regardless, anyone charged with sexual assault or aggravated sexual assault has the constitutional right to a robust legal defense. Without a guilty plea, prosecutors must prove their charges beyond a reasonable doubt.
Marshall Criminal Defense defends individuals charged with sexual assault in New Jersey and other sex crimes such as aggravated sexual assault and endangering the welfare of a child. If you have been charged with this variety of criminal offense, our attorneys can ensure the courts uphold your rights as we fight to rebut the charges against you.
First, if you are being held, we will obtain your release from custody. Then we will meet with you to go over the charges and learn from you what led to your arrest or indictment. We will also investigate further to determine the evidence and strength of the state’s case against you.
Our investigation may reveal evidence that supports motions to dismiss or reduce charges, or creates a legal defense, such as:
- Police misconduct, like an illegal arrest or search and 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 allegedly occurred
- Mistaken identity, such as faulty suspect lineups
- Unreliable or faulty witness testimony
- Racial, ethnic, socio-economic, gender, age, sexual orientation or other bias on the part of authorities or witnesses
- Faulty forensic testing or “chain of custody” issues with handling of evidence, such as rape kit DNA evidence
Eventually we will be allowed to examine and question statements by the prosecution’s witnesses, including the alleged victim.
Sexual assault charges typically stem from intimate acts involving only two people who know what really happened. The question of consent is often at the center of a sexual assault charge.
In some cases, the defendant admits to the sex act alleged, but claims the accuser consented. Sometimes the alleged victim of a sexual assault changes their story as the potential consequences of his or her allegations become more apparent.
Because a sexual assault case in NJ often comes down to whose version of events is more credible, there may be an opportunity to negotiate downgraded charges. When the prosecution’s case does not hold up under our scrutiny, we may be able to get charges dismissed. If it is necessary to go to court, we will do so prepared to closely challenge the prosecution’s case and vigorously defend you.
But such a defense requires a seasoned New Jersey defense attorney on your side who understands what our state’s sexual assault laws require, and who has the professional relationships with prosecutors that can make a deal happen.
Being arrested or indicted for sexual assault 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 attorneys from Marshall Criminal Defense are defending you.
Contact Our New Jersey Sex Assault Defense Lawyers Today
If you have been arrested or face indictment for sexual assault in New Jersey, contact Marshall Criminal Defense as soon as you can. Our New Jersey Sex crimes defense attorneys have the knowledge, experience and reputation in New Jersey’s legal community needed to protect you from the severe punishment and lasting harm of a guilty verdict.
Don’t face the harsh consequences of a guilty verdict or plea to New Jersey sex assault charges without the solid legal defense we can provide. Contact Marshall Criminal Defense at any of our twelve New Jersey locations now for a free initial consultation about legal options for protecting you.
Sexual Assault
How Does NJ Define Statutory Rape?
A New Jersey statutory rape charge involves sexual penetration between two consenting individuals but where the victim is either below the age of consent (i.e. at least 13 but less than 16) or, while of consenting age, has a relationship with the adult defendant that renders consent defective (e.g. the actor has parental, school, or similar supervision over the victim).
What Is The Difference Between Sexual Assault & Criminal Sexual Contact In NJ?
The primary difference between these two criminal charges is that the former is based on sexual contact rather than penetration. A criminal sexual contact or aggravated criminal sexual contact offense also involve much lower penalties than charges for sex assault. Please note that sexual contact can mushroom into sexual assault if the sexual abuse involves a victim who is 13 years or younger. Conduct that would otherwise result into a criminal sexual contact charge is transformed into a 2C:14-2 offense where a child of this age is involved.
Is Sexual Harassment The Same Thing As Sexual Assault?
While both terms are based on sexual abuse, that is about as far as the two have in terms of similarities. Sexual harassment generally refers to a civil claim for a form of non-criminal harassment, typically in the workplace, that is of a sexual nature. Pressuring a co-worker to have sex and utilizing employment superiority to accomplish this objective is a common variety of sexual harassment. Conversely, sexual assault is a serious criminal offense based on allegations that the defendant essentially forced the victim to have some form of intercourse.
What Is A Sex Offender Restraining Order?
A restraining order typically arises in a domestic violence setting. New Jersey lawmakers have also created a separate form of restraining order that arises when someone can establish that they are the victim of sexual assault, criminal sexual contact or another former of sex crime. If you are facing a sexual assault or aggravated sexual assault charge, you can also be subjected to a civil proceeding where the victim is attempting to secure a restraining order.
Can A Sexual Assault Offense Be Expunged In NJ?
While many lawyer websites explicitly state that a sexual assault is not expungable, a review of N.J.S.A. 2C:52-2 plainly demonstrates that this is not the case. You will have the opportunity to remove a conviction from your record for sex assault but you will, unfortunately, still be exposed to the registration and reporting requirements of Megan’s Law. Sex offender registration does no terminate unless and until and individual completes at least fifteen (15) years without an violation of the law. The entire process of expungment and Megan’s removal is complex so it is highly advisable that you speak to an experienced criminal lawyer if you are interested in this relief.
What Am I Facing In Terms Of Penalties For Sexual Assault?
Sexual assault is a second degree crime under New Jersey law and expose someone convicted to 5-10 years in prison, up to a $150,000 fine, sex offender registration under Megan’s Law and Parole Supervision for Law (“PSL”). These are obviously extreme penalties that require an expert in defending sexual assault charges like the defense attorneys at our criminal law office.
How Does New Jersey Law Define Sexual Assault?
There are many ways that this term is referred to by individuals such as rape, sexual molestation, and other like. However, the real definition is the commission of sexual penetration without the consent of the victim. This means that the actor must vaginally, anally, digitally, or orally penetrate another person against the will.
Can A New Jersey Sexual Assault Charge Be Dropped?
Unfortunately, it is not the decision of a victim to decide whether or not criminal charge for sexual assault is dropped. Once the police and/or prosecutor make the decision to file a N.J.S.A. 2C:14-2, whether or not the case is dropped prior to trial rests with the prosecutor unless, of course, a dismissal is granted by the court. The victim may make the probability of the state dropping the offense much higher, however, if they refuse to testify in the case.
How Can A New Jersey Sexual Assault Lawyer Help You?
There are many ways that a knowledgeable and skilled criminal defense lawyer can help someone charged with sexual assault in NJ. First and foremost, they can provide you with the best chance of escaping a conviction. This is of paramount importance when you consider that most rape related allegations are normally based on credibility; the classic “he said she said” scenario where it is up to a jury to decide who is telling the truth. There are very few types of criminal charges where trial skills are more important than a New Jersey sex assault case. The second thing savvy NJ sexual assault lawyers can do is tear apart the case so that your exposure, whether via a plea or at trial, are minimized. Third, a persuasive defense attorney will be able to negotiate a favorable plea utilizing their crafty skills. The point is that there are many aspects of your sexual assault charge that can be improved by virtue of your hiring a talented sex assault defense lawyer like those are Marshall Criminal Defense. Unfortunately, individuals are often attracted to the wrong information in selecting attorneys to defend them, for example, big talk on a website rather than a bona fide record of experience handling and trying sex crimes. Don’t be fooled and make this mistake.
