New Jersey Sex Crimes Defense Lawyers

Posted By user, Uncategorized On November 18, 2020

New Jersey Sex Crimes Defense Lawyers

If you have been charged with a sex offense in New Jersey, not only do you face potential jail time for many sex crimes, a plea of guilty or a conviction could expose you to sex offender registration requirements and community supervision for life. There is also the public stigma, which will damage your ability to be employed, obtain college loans and scholarships, and pursue other opportunities.

New Jersey Sex Crime Cases Our Law Firm Can Handle

Some of the types of sex crime charges the attorneys of Spodek Law Group can assist you with include:

  • Lewdness
  • Indecent Exposure Charges
  • Distributing of Child Pornography
  • Prostitution
  • Luring, Enticing, Solicitation
  • Possession of Child Pornography
  • Endangering the Welfare of a Child
  • Criminal Sexual Contact
  • Aggravated Criminal Sexual Contact
  • Aggravated Sexual Assault
  • Sexual Assault (Rape) and Statutory Rape
  • Failure to Register as a Sex Offender

To make certain that your rights are protected to the fullest extent allowed by law, it is crucial that you hire an experienced New Jersey criminal defense lawyer as early as possible after getting arrested for a sex crime. Arrange your free initial legal consultation with the Law Offices of Jonathan F. Marshall at any of our nine locations in New Jersey today to get started on a solid legal defense.

Possible Penalties for a Sex Crime Conviction in New Jersey

Depending on what sex crime you are being charged with, you could be looking at extremely severe punishment under New Jersey law.

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

Depending on the degree of the offense you charged with, you could face incarceration, fines, probation, or a restraining order.

 

Certain statutory offenses have specific punishment written into the legislation, which in sex crimes can include registering with the State of New Jersey as a sex offender.

New Jersey State Sex Offender Registration

You might be legally obligated to register as a sex offender under Megan’s Law if you get convicted or plead guilty to a sex offense in New Jersey. Registration as a sex offender requires the individual who was convicted to report to the local police station.  It may also include notifying schools or other organizations near the registrant’s home and place of business of their status.

Under the worst circumstances, names listed on the N.J. sex offender registry are made available to the public.

If a convicted person is required to register under Megan’s Law, the County Prosecutor’s Office classifies the registrant as either Tier I, Tier II or Tier III on the basis of a graded scale of the potential risk they pose and, therefore, what parties should be notified of their status.

  1. Tier I is for low-risk offenders. These persons are required to notify law enforcement agencies.
  2. Tier II is for moderate-risk offenders. They must notify law enforcement agencies, schools, licensed daycare centers, summer camps, and registered community organizations the offender Could possibly come into contact with.
  3. Tier III is for high-risk offenders. These offenders need to notify law enforcement agencies, schools, licensed daycare centers, summer camps, registered community organizations the offender could come into contact with.  They are also obligated to notify members of the public through a website.

Should the Prosecutor’s Office improperly rate and classify an individual, that person has the right to appeal the decision.  You are more likely to succeed with assistance of a knowledgeable N.J. defense attorney. Megan’s Law additionally provides for potential removal from registration after 15 years if specific criteria are met.

How Can an Alleged Victim Claim Lack of Consent in a N.J. Sex Crime Case?

The majority of sex crime charges are based on intimate acts with only two people who can testify to what really happened. Frequently, the question of consent is at the center of a sex crime charge.

A defendant could admit to the sex act alleged, but then say that the accuser consented. At times, the alleged victim of a sex crime changes their story about lack of consent when the potential consequences of the charges she or he has made become more clear.

Nevertheless, New Jersey law recognizes that in certain situations, an individual who has engaged in a sex act was unable to legally consent.

Persons unable to consent to engage in sex in New Jersey are:

  • Younger than 13 years of age
  • At least 13 years old, but not yet 16, if the actor is at least four years older than the alleged victim
  • At least 16 years of age, but less than 18 years old and
  • Persons in situations where the actor is a relative of the alleged victim by blood or affinity to the third degree (for example, adopted or related by marriage, such as a step-parent, step-child, step-brother, step-sister)
  • Persons in situations where the actor holds a supervisory or disciplinary position of power over the victim by virtue of the actor’s legal, professional or occupational status
  • Persons in situations where the actor’s relationship to the victim is that of a resource family parent, a guardian, or stands in loco parentis within the household
  • Persons with demonstrable diminished mental capacity, who the accused knew or should have known was physically helpless, mentally incapacitated, or had a mental disease or defect that rendered the victim temporarily or permanently incapable of comprehending the nature of the sexual conduct. This includes, but is not limited to, being incapable of providing consent. This also includes victims who were drunk, drugged, high, unconscious, or who have developmental disabilities.

There are numerous reasons sex crime charges get dismissed or lowered before a case goes to court. Sex crime cases are frequently based on one person’s word against another’s. Prosecutors and juries ultimately rule with defendants every day.

If you got arrested for a sex crime anywhere in the state of New Jersey, the sooner you get the legal team from Spodek Law Group working on your, the sooner we can challenge the evidence against you or even how you were arrested.

Call Our New Jersey Sex Crime Defense Attorneys Today

If you got arrested for a sex crime in New Jersey, first exercise your right to remain silent, then call our experienced criminal defense attorneys right away. Our team will move quickly and labor diligently to keep you from facing the harsh punishments in N.J. courts for sex crime convictions. Contact Spodek Law Group  right now for a no-cost legal consultation.