Essex County Sex Crimes Lawyer You got arrested in Essex County last week, maybe charged…

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You got charged with a sex crime in Hunterdon County and you don’t know if you’re facing second-degree sexual assault charges carrying five to ten years in state prison or first-degree aggravated sexual assault charges carrying up to life imprisonment with a 15 to 25-year mandatory minimum before you’re even eligible for parole, whether the allegations involve your intimate partner claiming you had sexual intercourse without consent or involve a minor under age 13, whether you’re charged with third-degree aggravated criminal sexual contact or fourth-degree criminal sexual contact and what the difference is between “sexual penetration” defined in the statute versus “sexual contact” which determines the degree of crime and the severity of penalties. You don’t understand how criminal sexual contact differs from sexual assault, you’re worried that all sex offense convictions require lifetime Megan’s Law registration that publicly identifies you as a sex offender and restricts where you can live and work, you’re concerned about Parole Supervision for Life which means lifetime monitoring by a parole officer even after you complete your prison sentence, and you’re worried because you know the accusations are false or the encounter was consensual or the alleged victim has a motive to lie because of a custody dispute or relationship issues. You don’t understand that under New Jersey law the alleged victim’s testimony alone is sufficient to convict you—no corroboration is required, no physical evidence is required, no witnesses are required—it becomes your word against theirs in a credibility contest before a jury.
The answer depends on multiple factors including whether the State is alleging sexual penetration which is required for sexual assault charges versus sexual contact which is the basis for criminal sexual contact charges, whether the alleged victim was under age 13 which elevates charges to aggravated offenses, and whether force, weapons, or threats were allegedly involved. Aggravated sexual assault is a first-degree crime carrying 25 years to life imprisonment with a 25-year mandatory minimum before parole eligibility, or under a negotiated plea agreement a minimum of 15 years before parole eligibility under N.J.S.A. 2C:14-2a, while sexual assault not involving the aggravating factors is a second-degree crime carrying five to ten years in state prison with a presumption of incarceration under N.J.S.A. 2C:14-2b/c. Aggravated criminal sexual contact is a third-degree crime carrying three to five years in state prison under N.J.S.A. 2C:14-3a, while criminal sexual contact is a fourth-degree crime carrying up to 18 months in state prison under N.J.S.A. 2C:14-3b. All sex offense convictions under N.J.S.A. 2C:14 require lifetime registration under Megan’s Law which publicly identifies you as a sex offender, restricts where you can live in relation to schools and parks, and appears on background checks affecting employment and housing. Many sex offense convictions also result in Parole Supervision for Life which means lifetime monitoring and restrictions even after release from prison. These cases are prosecuted by the Special Victims Unit of the Hunterdon County Prosecutor’s Office and handled at Hunterdon County Superior Court in Flemington where grand jury indictment is required and jury trial is available. Under New Jersey law, the alleged victim’s testimony alone is sufficient to support a conviction—the State does not need to present corroborating evidence, physical evidence, or witnesses—which means your case comes down to a credibility contest between you and the alleged victim before a jury.
Thanks for visiting Spodek Law Group. Our founder Todd Spodek earned his Bachelor of Science in Criminal Justice from Northeastern University in Boston and his Juris Doctor from Pace Law School in White Plains, New York. During and after college, Todd worked at some of the largest law firms in Boston and New York, first as a file clerk then as a paralegal preparing multi-defendant cases for trial, gaining invaluable experience in complex criminal litigation. During law school he was recommended for Moot Court where he successfully argued criminal cases demonstrating his advocacy skills early in his legal career. Todd is a second-generation attorney—Spodek Law Group was originally established in 1976, making it a nearly 50-year-old family-owned criminal defense practice with deep roots in criminal law. With over 20 years of experience practicing criminal defense, Todd has handled thousands of tough cases throughout his career and secured numerous acquittals at trial for clients facing the most serious charges including Felony Murder, Depraved Indifference Murder, Assault, Robbery, Menacing, Harassment, and Predatory Sexual Assault. His exceptional work has garnered national media attention—he represented Anna Delvey (Anna Sorokin) in her criminal trial in 2019 which became the basis for the Netflix series “Inventing Anna” released in 2022, represented the juror at the center of Ghislaine Maxwell’s bid for a mistrial, and handled the Faith Walk Ministry case involving over $1.2 million in pandemic fraud charges. Todd’s work has been featured in major media outlets including the New York Post, Newsweek, Fox 5, Business Insider, and Bloomberg. Spodek Law Group has received over 700 client reviews reflecting our commitment to exceptional service and results. We’ve represented many, many clients charged with sex offenses throughout Hunterdon County including sexual assault charges, aggravated sexual assault charges, aggravated criminal sexual contact charges, and criminal sexual contact charges prosecuted at Superior Court in Flemington, and we’ve handled many, many sex crime cases at Superior Court in Flemington prosecuted by the Hunterdon County Prosecutor’s Office with successful outcomes including dismissals based on lack of credible evidence, acquittals demonstrating the alleged victim lacked credibility or had motive to fabricate, and reduced charges showing the conduct was consensual or didn’t constitute the charged offense. If you’re reaching out to us—we understand the stakes you’re facing.
Sexual assault and aggravated sexual assault both require “sexual penetration” which is defined under New Jersey law as vaginal intercourse, cunnilingus, fellatio, anal intercourse, or insertion of a hand, finger, or object into the anus or vagina of another person. Aggravated sexual assault is a first-degree crime under N.J.S.A. 2C:14-2a and applies when the sexual penetration occurs with a victim under age 13, or when the penetration occurs during commission of other crimes like robbery or kidnapping, or when the victim is physically helpless or mentally incapacitated, or when a weapon is used or threatened, or when the defendant is aided by one or more accomplices. The sentencing for aggravated sexual assault is the most severe in New Jersey criminal law—the court must impose either a specific term of 25 years to life imprisonment during which the defendant must serve 25 years before becoming eligible for parole, or if the prosecutor offers a negotiated plea agreement, a specific term of not less than 15 years during which the defendant is not eligible for parole. These mandatory minimum sentences mean the judge has no discretion to impose probation or a lesser sentence. Sexual assault under N.J.S.A. 2C:14-2b/c is a second-degree crime and applies when sexual penetration occurs without the victim’s consent, or when the victim is aged 13 to 15 and the defendant is at least four years older, or when the victim is aged 16 or 17 and the defendant has supervisory or disciplinary authority over them. Second-degree sexual assault carries five to ten years in state prison with a presumption of incarceration meaning the judge will typically impose prison time rather than probation. Both aggravated sexual assault and sexual assault convictions require lifetime Megan’s Law registration and Parole Supervision for Life.
In sex crime cases prosecuted by the Hunterdon County Prosecutor’s Office, Todd Spodek employs sophisticated defense strategies focused on challenging the credibility of the alleged victim and presenting evidence that the accusations are false or that any sexual conduct was consensual. He begins by conducting a thorough investigation into the alleged victim’s background, examining their relationship with you to identify any motive to fabricate such as custody disputes over children, relationship breakups, financial disputes, or mental health issues. He obtains all text messages, emails, social media communications, and phone records between you and the alleged victim to demonstrate the consensual nature of the relationship and to identify inconsistencies with their trial testimony. He examines the alleged victim’s prior statements to police, prosecutors, and forensic interviewers to identify inconsistencies, changes in their account, or details that don’t match the physical evidence or timeline. During cross-examination at trial, Todd aggressively challenges the alleged victim about these inconsistencies, about their motive to lie, about why they didn’t report the alleged assault immediately, about continued contact with you after the alleged assault, and about any prior false allegations they may have made. He presents expert testimony from forensic psychologists about false allegations in custody dispute contexts, from medical experts challenging the prosecution’s interpretation of any physical findings, and from digital forensics experts about the timing and content of electronic communications. In cases involving allegations that sexual penetration occurred without consent between adults, Todd presents evidence that the encounter was consensual including text messages before and after showing mutual interest, testimony from witnesses about the relationship, and cross-examination establishing that the alleged victim’s behavior after the alleged assault is inconsistent with someone who was assaulted. In cases involving minor alleged victims, Todd challenges whether the alleged victim is telling the truth by examining inconsistencies in their account, whether they’ve been coached by a parent in a custody dispute, and whether their allegations arose only after being questioned repeatedly by investigators using suggestive questioning techniques. In Hunterdon County specifically, Todd has handled sex crime cases ranging from aggravated sexual assault allegations involving minors to sexual assault allegations between intimate partners to criminal sexual contact allegations arising from brief encounters, all prosecuted at Superior Court in Flemington. His trial experience including securing an acquittal in a Predatory Sexual Assault case gives him the skills and confidence to take sex crime cases to trial when the evidence shows the accusations are false or cannot be proven beyond a reasonable doubt, while his negotiation skills allow him to achieve favorable plea agreements when appropriate reducing charges and avoiding the most severe mandatory minimum sentences.
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Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and best alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
NJ CRIMINAL DEFENSE ATTORNEYS