Defending Aggravated Sexual Assault Charges Throughout New Jersey

Posted By user, Uncategorized On November 18, 2020

Our Team Attorneys is Highly Skilled In Defending Aggravated Sexual Assault Charges Throughout New Jersey

The first degree offense for aggravated sexual assault is a serious crime that necessitate representation by a highly skilled NJ criminal defense attorney. The most heinous crime a person can face in New Jersey is aggravated sexual assault, also known as “rape”. This is a first degree crime that carries the possibility of decades in state prison and horrible collateral consequences, including registration as a sex offender under Megan’s Law and Parole Supervision for Life (“PSL”). A person can be charged with aggravated sexual assault if they engage in sexual penetration without the victim’s consent under one of seven (7) circumstances listed 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 seriousness of the penalties involved, they are often some of the most complex and highly contested charges that a NJ criminal attorney can come up against. Indeed, it would follow that aggravated sexual assault is a criminal charge that not only necessitates representation by a defense attorney but also one that is extremely accomplished.

If you have come under investigation for aggravated sexual assault, including allegations of molestation of a child, or you have already been arrested, you cannot skimp when it comes to your choice of an attorney. You need a lawyer who is unquestionably experienced, possesses a strong track record of success and has tried a great many sex cases.  Give us a call for your free consultation with one of our lawyers anytime 24/7.

Aggravated Sexual Assault Offense Attorneys in New Jersey

Here are the seven (7) scenarios that can result in aggravated sexual assault pursuant to 2C:14-2a. A prerequisite under all of these scenarios is sexual penetration. The offense has been committed in the event that this act takes place under the following circumstances:

  1. Victim younger Than 13 Years of Age;
  2. Victim Is At Least 13 But younger 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;
  3. Committed the penetration during the commission of a robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
  4. Committed penetration when they were armed with a weapon or what appeared to be one and the alleged weapon was used to threaten the victim;
  5. Employed physical force or coercion and was aided or abetted by one or more third parties;
  6. Inflicted severe person injury to the victim; or
  7. Performed the penetration to a victim who was physically helpless or incapacitated, intellectually or mentally incapacitated.

Penalties for Aggravated Sexual Assault in New Jersey State

Aggravated sexual assault is a first degree offense under 2C:14-2. The standard penalties upon sentencing for a first degree crime include 10-20 years behind bars, a $200,000 fine, registration under Megan’s Law (required sex offender registration) and Parole Supervision for Law. Also be aware that the No Early Release Act (“NERA”) applies and this sentencing provision requires that a defendant serve at least 85% of their sentence before being eligible for parole.

Enhanced Repercussions If The Victim Is Under 13.

The penalties for aggravated sexual assault are raised when the victim of an aggravated sexual assault is under thirteen (13) years old. The Lunsford Act sets a minimum sentence of to 25 years to life in prison.  The prosecutor is permitted, in the interest of the victim, to make a pre-indictment plea deal of fifteen (15) years.

 

Victim Participation in Resolution.

The law requires that the victim get consultation in any resolution of the aggravated sexual assault charge. While prosecutors may 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.

No statute of limitations is in place for filing a complaint or indictment for aggravated sexual assault.

Restraining Order.

When people are 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.

Aggravated Sexual Assault Defense Lawyers in New Jersey

Allegations of molestation or some other type of aggravated sexual assault are clearly very egregious.  The situation is even more complicated when companion charges like a NJ endangering the welfare of a child offense are involved. It is extremely critical that the accused be represented by an experienced attorney. Members of the defense team at Spodek Law Group include talented attorneys with decades handling the toughest sex crimes cases. To talk about the allegations against you or your loved one with a lawyer anytime 24/7, call our firm. We will be happy to deal with issues such as a first appearance, detention hearing or others involved in your case. The consultation is free of charge.