Somerset County NJ Sexual Assault Lawyer
Sexual assault is a very serious criminal charge in New Jersey. It is one of the most severe sex offenses under the New Jersey criminal code. In fact, the prosecutor’s office has created a special unit, known as the SVU, to specifically prosecute these types of cases. One of the main reasons behind that is the fact that sex crimes, including sexual assault are very complex and there are a lot of little nuisances buried within the statutes. That is why it is absolutely crucial that if you or a loved one has been charged with a sex offense, like sexual assault, aggravated criminal sexual contact, lewdness, endangering the welfare of a child or aggravated sexual assault in Somerset or Hunterdon County, that you speak to an experienced criminal defense lawyer as soon as possible about your options. To makes worse, based on the new bail reforms which came into effect in January of 2017, the prosecution now has the ability to detain a Defendant in the county jail, without bail, pending trial. But in order to do so, the prosecution must file for and be successful at a Detention Hearing. These hearings can and always should be contested. If you would like to speak to one of our criminal defense attorneys about your options at a Detention Hearing then please contact us at (908)533-1064.
The criminal defense attorneys at Proetta & Oliver have been defending clients accused of sexual assault, aggravated sexual assault, endangering the welfare of a child, criminal sexual contact and lewdness in courts throughout New Jersey for years now. These are very complex crimes and as such require the assistance of an experienced Somerset County criminal defense lawyer. Our criminal defense attorneys are well aware that no two clients let alone no two cases are the same. As such, we will work very hard to formulate a game plan that works best to suit your needs. 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. We serve all of Somerset and Hunterdon County, including towns like Flemington, Clinton, Raritan, Readington, Branchburg, North Plainfield, Bound Brook, South Bound Brook, Watchung and Bedminster. If you have any questions whatsoever, please do not hesitate to contact us, these are very serious charges and should not be taken lightly. Now here is some important information on sexual assault charges in New Jersey.
Sexual Assault Lawyers in Hunterdon County NJ
Sexual Assault Charges in NJ: NJSA 2C:14-2b
As stated previously, sexual assault is one of the most serious criminal offenses in all of New Jersey, not just the sex crimes. The offense of sexual assault covers a wide array of potential conduct. The governing statute for sexual assault is NJSA 2C:14-2b and as you will see below, the statute is broken down into various different subsections. Here is a breakdown of the sexual assault statute.
NJSA 2C:14-2b: Sexual Assault
- A Defendant will be guilty of sexual assault if they commit an act of sexual contact with a victim who is less than 13 years old and the Defendant is at least 4 years older.
- A Defendant will be guilty of sexual assault if they commit an act of sexual penetration with another under the following circumstances:
- 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.
Sexual Penetration has been defined as any “vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina, either by the defendant or by another person upon the defendant’s instruction, constitute(s) “sexual penetration.”
Sexual Contact has been defined as any “intentional touching by the victim or by the Defendant, either directly or through clothing, of the victim or the defendant’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or gratifying defendant
As you can tell there are a lot of moving pieces to the sexual assault statute in New Jersey. That is why it is strongly recommended that if you or a loved one has been charged with sexual assault that you speak to a criminal defense attorney as soon as possible about your options. These are very complex offenses and the evidence tends to dissipate quickly, whether it be physical evidence or text messages etc.
How Much Jail Time For a Sexual Assault Charge in NJ?
Sexual assault is a second degree felony offense in New Jersey, regardless of the subsection that a Defendant is charged with. If convicted, a Defendant will be facing up to ten years in a State Prison, a fine up to $150,000, a felony criminal record, Megan’s Law registry for life and Parole Supervision for life. In addition, certain sections of the sexual assault statute will fall under the No Early Release Act (NERA). NERA in essence requires that a Defendant serve at least 85 % of their sentence before they can become eligible for parole.
Bound Brook NJ in Sexual Assault Defense Lawyer
Just being charged with a sexual assault can destroy one’s future let alone being convicted. If you have been accused of sexual assault, endangering the welfare of a child, possession of child pornography, criminal sexual contact, or aggravated sexual assault in Hunterdon County, the criminal defense attorneys at Proetta & Oliver can help. We fully understand what is on the line when a Defendant is accused of a sex offense like sexual assault. Our attorneys appear in courts throughout Hunterdon and Somerset County, including courts in towns like Somerville, West Amwell, Plainfield, North Plainfield, Bound Brook, South Bound Brook, Raritan, Green Brook, Flemington and Clinton. If you would like to speak to one of our criminal defense attorneys today then please contact us at (908)533-1064.