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New Jersey Aggravated Sexual Assault Lawyer

Understanding Aggravated Sexual Assault

In many ways, the term aggravated sexual assault conjures up images of any type of sex crime. It has been used to describe sex crimes that are not serious to those that are very severe. How the term aggravated sexual assault is defined is different from one state to another as well as at the federal level.

Sexual Assault

How aggravated sexual assault is defined in governing law can include different aspects of it.

  • Assault or battery which is one person trying to cause physical harm against a victim or displaying threats or specifically intended to threaten a victim as a way to make them fearful.
  • An attempt at rape
  • Sexual contact. This may involve fondling or groping directly against a person’s skin. This can happen over the clothing of one or both individuals and over other types of material.

Different than other Sex Crimes

The definition of a sex crime is based on if the criminal act was attempted or occurred as well as the timing of the criminal act and its severity. If it happened once or occurred repeatedly is also important. The more severe the criminal act, the more the perpetrator will be pursued.

State vs Federal Crime

There are federal laws and state laws against aggravated sexual assault. A state will prosecute an aggravated sexual assault case that falls under its established laws. Aggravated sexual assault cases that are more severe can result in federal sex crimes having been broken. Federal aggravated sexual assault convictions come with the most severe punishments. In some cases, a defendant can be tried at the state as well as federal levels. This is not double jeopardy. The U.S. Supreme Court has ruled that the states and federal government can try the same case if there are different aspects of the violations.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
RajRaj
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
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Aggravated Sexual Assault Charge

When someone is formally charged with aggravated sexual assault, they need to realize being charged with a crime does not mean they are convicted. They will have their opportunity for a fair trial. This is a time to seek legal advice about their case.

Sexual Assault Conviction

Certain things must be proven by a prosecutor to obtain a conviction of aggravated sexual assault.

  • The defendant’s touch of the victim was unwanted and done for the defendant to obtain sexual gratification, sexual arousal, or as part of sexual abuse.
  • The defendant did touch the victim without the victim’s consent and against their will.

Pleading

It is important when someone is charged with aggravated sexual assault to discuss their situation with an experienced attorney. They will know if a person should plead guilty or innocent. Pleading innocent will require a defendant to prove they are not guilty of the allegations made against them. This can be challenging unless a defendant can provide valid reasons why they are innocent.

Consent

A common legal defense is that consent did exist between the defendant and the victim. It will be the responsibility of the prosecutor to prove consent did not exist. A defense lawyer will know if they can establish if the sexual contact was done with or without the will or consent of the victim. This is often used if there is no direct evidence available, and the prosecutor’s case against a defendant is based on circumstantial evidence.

Insanity

This is a complicated legal defense. It will require an attorney to prove the defendant was temporarily or permanently insane at the time the alleged aggravated sexual assault took place. The laws covering an insanity defense can be very different from one jurisdiction to another. Using this legal defense will require a defendant to have a mental evaluation from a professional. They can’t establish innocence. They can only provide a medical diagnosis.

Onus of Proof

This is where a defendant’s attorney will try to create doubt. The burden of proof is with the prosecution. This means a prosecuting attorney has to establish that certain parts of their case are true. They must prove them true beyond a reasonable doubt. The attorney for a defendant will try and question the prosecution’s witnesses and evidence in a way to cause doubt concerning their validity.

When someone is charged with aggravated sexual assault, they should immediately contact an experienced attorney. They know how to review the facts of a case and determine the best possible legal defense. These legal professionals know how to get the best possible result from a difficult situation.

If you have been accused of aggravated sexual assault, you should speak with a skilled criminal defense attorney. Your attorney can help you understand your legal rights and can help you build a strong defense.

What Is Aggravated Sexual Assault?

New Jersey law has a number of different ways to categorize sexual assault. Aggravated sexual assault is the most serious type of sexual assault that you can be charged with.

To be guilty of aggravated sexual assault in New Jersey, you must have engaged in one of the following:

  • Sexual penetration with a victim who is less than 13 years old
  • Sexual penetration with a victim who is at least 13 years old but less than 16 years old and the defendant is a family member of the victim or is in a position of power over the victim
  • Sexual penetration of someone with a mental disability
  • Sexual penetration while using physical force or the threat of physical force
  • Sexual penetration while the victim is unconscious or unaware that the act is taking place
  • Sexual penetration while the victim has been given a date rape drug or has been sexually assaulted while under the influence of a controlled dangerous substance (CDS).

What Are the Penalties for Aggravated Sexual Assault?

The penalties for aggravated sexual assault in New Jersey are very severe. This crime is a first-degree felony. The minimum sentence you can receive is 10 years in prison. The maximum sentence is 20 years. In addition, you can be fined up to $200,000.

  • If the victim is less than 13 years old, the maximum sentence is increased to 30 years in prison.
  • If the victim is related to the offender or is under the offender’s supervision, the maximum sentence is increased to 25 years in prison.
  • If the victim is unconscious or unaware that the act is taking place, the maximum sentence is increased to 20 years in prison.
  • If the victim is under the influence of a controlled dangerous substance, the maximum sentence is increased to 20 years in prison.

What Is the Statute of Limitations?

The statute of limitations is the amount of time you have to bring a civil or criminal claim. The statute of limitations for criminal charges in New Jersey can vary depending on the type of crime. The statute of limitations for aggravated sexual assault is 15 years.

However, there are some circumstances that can extend the statute of limitations. If the victim was less than 18 years old at the time of the assault, the statute of limitations does not start until the victim turns 18.

In addition, if you have left the state of New Jersey, the statute of limitations may be paused until you return to New Jersey.

What Type of Defense Can I Use?

If you have been charged with aggravated sexual assault, you should discuss your case with a criminal defense attorney. Your attorney can help you build a defense to the charges you are facing.

The most common defense to aggravated sexual assault is that the victim gave consent. If the victim agreed to engage in sexual intercourse with you, you cannot be convicted of sexual assault.

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