Lewdness Lawyers in Bridgewater NJ
If you have been charged with a criminal offense like lewdness in Somerset or Hunterdon County, it is crucial that you speak to an experienced criminal defense lawyer as soon as possible. As you will see below, lewdness can either be a disorderly persons offense or a fourth degree felony. Therefore, if convicted, a Defendant will not only be saddled with a criminal record but they will also be facing rather significant jail time, even for a first time offender. Furthermore, based on the new bail guidelines, the prosecution now has the ability to detain a Defendant in the county jail, without bail, pending trial. So, if the underlying allegations are serious enough, the prosecution may seek to detain a Defendant who has been charged with lewdness in the county jail. But before they can legally do so, the prosecution must file for and be successful at a Detention Hearing. To speak to one of our Somerset County criminal defense attorneys about your options when it comes to a Detention Hearing then please contact us at (908)533-1064. We are available around the clock to assist in any way that we can.
Need Local Lewdness Defense Attorney in Hillsborough
The criminal defense lawyers at Proetta & Oliver have been defending clients accused of lewdness, endangering the welfare of a child, sexual assault, criminal sexual contact, invasion of privacy and aggravated sexual assault in courts throughout New Jersey, including courts throughout Somerset and Hunterdon County. These are very serious charges and as such should not be taken lightly. Mr. Oliver, one of the firm’s founding partners, has represented numerous clients over the years that have been charged with lewdness. If you would like to sit down and discuss your options with Mr. Oliver or one of the other attorneys on staff, then please contact us at (908)533-104. We can go over the specific facts of your case and formulate a game plan that works best to suit your needs. Also, as always our initial consultations are free of cost.
Somerset County NJ Lewdness Attorneys
The crime of lewdness revolves around what is known as a “lewd act”. In order to be convicted of this offense it must be established that among other things, the Defendant committed a “lewd act”. A lewd act has been defined as any act where the Defendant exposes their genitals with the underlying purpose of arousing or gratifying their sexual desire or the sexual desire of another.
So to be convicted of a misdemeanor lewdness charge in New Jersey, the prosecution must prove the following elements beyond a reasonable doubt:
- That the Defendant committed a flagrantly lewd and offensive act;
- The Defendant knew or should have known the act would have been viewed by a non-consenting person; &
- That the non-consenting person would have been affronted or alarmed.
In other words, the prosecution must establish that it was the Defendant’s intent to have their “act” seen or that they were aware that it was probable that the act would be seen by a casual observer if they had looked.
In order to be convicted of a fourth degree felony lewdness charge, the prosecution must prove that the Defendant:
- Exposed their intimate parts;
- That they did so for the purpose of arousing or gratifying their sexual desire and/or the sexual desire of another person;
- They did so under circumstances where they knew or reasonably expected that they would likely be observed by a child under the age of 13;
- That the child was in fact under the age 13; &
- That the Defendant was at least four years older than the child.
Can I Avoid Jail time on a Lewdness Charge?
Lewdness can either be a fourth degree felony offense or a disorderly persons offense (misdemeanor) in New Jersey.
18 Months in Prison
Disorderly Persons Offense
6 Months in Jail
If a Defendant does not have any prior criminal history, they may be eligible for one of New Jersey’s diversionary programs. Those programs include the Pretrial Intervention Program and the Conditional Dismissal Program. Both of these programs will afford a Defendant the opportunity to walk away from these charges without a criminal record and without ever serving a day in jail. To speak to one of our Hunterdon County criminal defense lawyers about your options then please contact us at (908)533-1064.
Lewdness Lawyers in Flemington NJ
As you can tell from reading above, lewdness is very serious offense in New Jersey. If you have been accused of lewdness, endangering the welfare of a child, criminal sexual contact, sexual assault, aggravated sexual assault or possession of child pornography in Somerset or Hunterdon County, the Law Offices of Proetta & Oliver can help. We are well aware that no two clients let alone no two cases are the same. As such, we will formulate a game plan that works best to cover your needs, whether that be a trial, motion practice or negotiating a favorable plea. We serve all of Somerset and Hunterdon County, including towns like Flemington, Clinton, Hillsborough, Montgomery, South Bound Brook, Bound Brook, Bridgewater, Somerville, Raritan and Bedminster. If you would like a free consultation with one of our criminal defense attorneys, then please contact us at (908)533-1064.