Somerset County NJ Aggravated Criminal Sexual Contact Lawyer
Just being charged with a sex offense like aggravated criminal sexual contact can be devastating enough, imagine if you are convicted of this offense. If you have been arrested and charged with aggravated criminal sexual contact, sexual assault, endangering the welfare of a child, lewdness, possession of child pornography or any other sex related offense in Somerset County, it is crucial that you speak to an experienced criminal defense lawyer about your options. These are very serious crimes and New Jersey tends to prosecute anyone charged with a sex offense to the fullest extent of the law. In fact, most prosecutor’s offices have created special units just to handle all sex related crimes. The main reason is because these offenses, including aggravated criminal sexual contact, are very complex and usually involve a lot of moving pieces. Furthermore, the prosecution now has the ability to detain a Defendant charged with aggravated criminal sexual contact in the Somerset County jail, without bail, pending trial if they see fit. But with that being said, before that can happen they must file for and be successful at a Detention Hearing. For more information on Detention Hearings in New Jersey, please contact our office at (908)533-1064.
At Proetta & Oliver we fully understand what is involved when it comes to defending a sex offense like aggravated criminal sexual contact. We are also cognizant of the fact that no two clients, let alone no two cases are the same. If you would like to speak to one of our attorneys about the specific facts of your case then please feel free to contact us at (908)533-1064. Our attorneys will go over your options with you in order to formulate a game plan that works best to suit your specific needs. This is a very serious charge, one that if not handled properly, could cost a Defendant not only a half of decade of their life but also subject them to Megan’s Law Registration and Parole Supervision for Life. We serve all of Somerset and Hunterdon County, including towns like Flemington, Somerville, Raritan, Readington, Bound Brook, South Bound Brook, Bridgewater, Bernards, Bedminster, Hillsborough, Clinton and elsewhere. An unlike what tends to happen at larger firms, your file will not just be juggled between a few different associates who are “free to cover the case” that particular day. At our firm, Mr. Oliver, one of the founding partners personally handles all of our offices criminal matters that arise out of Somerset and Hunterdon County. We feel that regardless of the cases, our clients deserve the continuity of having one attorney represent their rights. If you have any questions whatsoever, please do not hesitate to contact us at (908)533-1064 or leave us an email.
Aggravated Criminal Sexual Contact Attorneys in Hunterdon County NJ
Aggravated criminal sexual contact is a very complex offense. Although when the legislature’s drafted the statute they were very specific of the type of conduct that would be prosecuted it can become very confusing at times. Aggravated criminal sexual contact will be governed by NJSA 2C:14-3a in New Jersey. In order to be convicted of the offense, the prosecution will need to prove the following elements beyond a reasonable doubt.
- That the Defendant commits an act of sexual contact with another: &
- Victim was less than 13 years old at the time of the incident; or
- Victim was at least 13 years old but less than 16 years old at the time of the incident; &
- Defendant is related to the victim by blood or affinity; or
- Defendant had supervisory or disciplinary power over the victim as a result of their legal, professional or occupational status; or
- Defendant is a parent and/or guardian of the victim.
- Defendant committed the act of sexual contact during the commission of a robbery, burglary, aggravated assault, kidnapping, arson or homicide; or
- Defendant is armed with a weapon or threatened that they were armed with a weapon; or
- Defendant committed the act of sexual contact with the assistance of another and they used physical force or coercion to commit said act; or
- Defendant used physical force or coercion to commit the act of sexual contact and the victim suffered personal injury; or
- Victim was one who the Defendant knew or should have known was physically helpless or mentally incapacitated.
First and foremost, it is important to define what will qualify as an act of sexual contact. Pursuant to NJSA 2C:14-1d, criminal Sexual Contact has been defined as any intentional touching by the victim or actor, either directly or through clothing, of the victim’s or actor’s intimate parts for the purpose of degrading the actor. If the sexual contact is alleged to have been on the actor himself, then the act must be in view of the victim whom the actor knows to be present.
As you can tell, the statute is rather specific when it comes to defining what exactly will qualify as aggravated criminal sexual contact. However, it is anything but straightforward. If you would like to speak to one of our Somerset County criminal defense attorneys about your options then please contact us at (908)533-1064.
Is there Jail Time on a Aggravated Criminal Sexual Contact Charge in NJ?
Aggravated Criminal Sexual Contact is a third degree felony offense in New Jersey. Anyone convicted of a third degree aggravated criminal sexual contact offense in New Jersey will be facing five (5) years in prison, a $15,000 fine, a felony criminal record, Megan’s Law and Parole Supervision for Life as well. In addition, although there is a presumption against incarceration for a Defendant convicted of a third or fourth degree felony in New Jersey, that presumption can and often times with this type of offense is overcome. To speak to one of our criminal defense attorneys about your options, please contact us at (908)533-1064.
Aggravated Criminal Sexual Contact Lawyer in Bound Brook NJ
As you can tell from reading above, the ramifications of convicted of this type of offense in New Jersey can be absolutely devastating. If you have been charged with aggravated criminal sexual contact, sexual assault, lewdness, luring, stalking or endangering the welfare of a child in Somerset or Hunterdon County, the Law Offices of Proetta & Oliver can help. We serve all of Somerset County including Flemington, Clinton, Raritan, Hillsborough, Far Hills, Bound Brook, North Plainfield, Watchung, Franklin and Somerville. If you would like to schedule a free consultation today, then please contact us at (908)533-1064.