Somerset County NJ Criminal Sexual Contact Lawyer
If you have been arrested and charged with criminal sexual contact in Somerset or Hunterdon County, the criminal defense attorneys at Proetta & Oliver can help. Criminal sexual contact charges are serious felony criminal offenses in New Jersey and should not be taken lightly. Just to shed some light on how serious New Jersey takes these types of offenses, the prosecutor’s office has created a specialized unit just to prosecute these specific types of cases. That unit is called the special victims unit, more commonly referred to as SVU. As you will see below, criminal sexual contact is a fourth degree felony offense in New Jersey. If convicted, not only will a Defendant be facing a “sex offense” criminal record but also jail time as well. If you have been arrested and charged with criminal sexual contact in Hunterdon or Somerset County it is imperative that you speak to an experienced criminal defense attorney as soon as possible about your options. When it comes to these types of cases it is crucial that you get an attorney involved as soon as possible as the evidence in these types of cases tends to dissipate quickly. If you would like to discuss your options with one of the criminal defense attorneys at Proetta & Oliver then please contact us at (908)533-1064.
At Proetta & Oliver our Somerset County criminal defense attorneys have experience required to defend these types of charges. As you will see below, it does not take much for a Defendant to be charged with criminal sexual contact. If you have been accused of criminal sexual contact, lewdness, endangering the welfare of a child, aggravated criminal sexual contact, aggravated sexual assault, sexual assault or possession of child pornography in Somerset or Hunterdon County, we can help. Over the years, our attorneys have defended clients accused of not only criminal sexual contact but other serious sex offenses like aggravated sexual assault and sexual assault. If you would like to go over the specific facts of your case with one of our criminal defense lawyers, then please contact us at (908)533-1064. We appear in courts throughout Somerset County including Readington, Clinton, Raritan, Bridgewater, Bedminster, Bound Brook, South Bound Brook, Watchung, Flemington and Somerville. Now here is some vital information on the charge of criminal sexual contact.
Understanding Criminal Sexual Contact Charges in NJ
What is Criminal Sexual Contact in New Jersey?
In order to successfully defend a criminal sexual contact charge, one must understand what will be considered an “act of sexual contact”. Criminal sexual contact has been defined as, the “intentional touching by victim or by the Defendant, either directly or through clothing, of the victim’s or the Defendant’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or gratifying Defendant.” So, in order to establish that an “act of sexual contact” occurred, the prosecution must prove not only that a “touching” took place but that the Defendant did so arouse themselves and/or degrade the victim.
What Does the Prosecution Have to Prove in a Criminal Sexual Contact Case?
Criminal sexual contact is governed by NJSA 2C:14-3b in New Jersey. The legislature has chosen to break this offense down into several different subsections. Here is a breakdown in what the prosecution must prove in order to obtain a conviction for sexual assault in New Jersey.
- A Defendant will be guilty of criminal sexual contact if they commit an act of sexual contact against the victim &
- The Defendant used physical force or coercion but the victim does not sustain severe personal injury;
- The victim is on probation or parole and the Defendant had supervisory power over the victim by the virtue of their legal or professional status;
- The victim is at least 16 but less than 18 years old: &
- The Defendant is related to the victim by blood or affinity;
- The Defendant has supervisory power over the victim;
- The Defendant is a parent and/or guardian of the victim;
- The Defendant is at least 13 but less than 16 years old and the Defendant is at least 4 years older than the victim.
So as you can tell, it is obvious why the prosecution has decided to create a special unit just to prosecute these types of cases. As such, we strongly recommend that you speak to an attorney who has extensive experience dealing with sex offenses. These statutes are very complex and can be extremely confusing at times. If you would like to speak to one of our criminal defense lawyers about your options then please contact us at (908)533-1064.
Criminal Sexual Contact is a Felony in NJ
All sex crimes, including criminal sexual contact will be considered an indictable offenses, which is New Jersey’s version of a felony. Criminal sexual contact is classified as a fourth degree indictable offense. Fortunately, this offense can be expunged after a period of fives years provided that the individual does not have any other excludable offenses.
Can I Avoid Jail on a Criminal Sexual Contact Charge in NJ?
Criminal sexual contact is a fourth degree felony in New Jersey. So if a Defendant is arrested and charged with criminal sexual contact, a Defendant will be facing up to 18 months in a State Prison, a $10,000 fine, a felony criminal record and Megan’s Law Registry. Depending on the underlying facts and a Defendant’s prior criminal history, they may be eligible for one of New Jersey’s diversionary programs, the Pretrial Intervention Program. If a Defendant is accepted into the program, they will be afforded the opportunity to walk away from these charges without a criminal record let alone without serving a day in jail.
Does Criminal Sexual Contact Require Megan’s Law?
If the victim of the criminal sexual contact is a minor (under the age of 18) at the time of the commission of the offense then the defendant will be required to register pursuant to Megan’s Law. If the defendant is required to registry under Megan’s Law then the prosecutor will have assign a “Tier” based on their perceived risk to the community. The tiering can be challenged if the defendant believes it is higher than it should be. The defendant will be required pursuant to Megan’s Law for at least fifteen (15) years before they can possible petition the Court to be removed. For more information on Megan’s Law Removals in Somerset County, please click the link.
How to Post Bail on a Criminal Sexual Contact Case in NJ
New Jersey’s bail system is based on a risk assessment. If the individual is charged pursuant to a Complaint-Warrant then they must be taken to the Somerset County Jail so that Pretrial Services can conduct their risk assessment. That risk assessment will be utilized by the prosecutor to determine whether the individual will be released on conditions at their Central Judicial Processing Hearing or whether a formal motion for detention will be filed. If a formal detention motion is filed, then a hearing will be conducted, typically within five (5) days and it will ultimately be up to the Judge to decide whether the individual should be held without bail, pending trial or released on bail conditions. For more information on Detention Hearings in Somerset County, please click the link.
Consult with a Criminal Sexual Contact Defense Attorney in Hunterdon County
Being charged with a criminal offense can be nerve wracking however being charged with a sex offense like criminal sexual contact can be downright terrifying. However, hiring the right attorney, one who has extensive experience representing clients charged with these types of offenses can go a long way to alleviating that stress. Our attorneys defend clients accused sex offenses like aggravated criminal sexual contact, endangering the welfare of a child, luring, distribution of child pornography and sexual assault in towns throughout Hunterdon and Somerset County. Those towns include Clinton, Hillsborough, Montgomery, Bernards, West Amwell, Lambertville, Bound Brook and Manville. For a free consultation today, then please contact us at (908)533-1064.