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Bergen County Sex Crime Lawyer
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Bergen County Sex Crime Lawyer
You got arrested for a sex crime in Bergen County. Maybe it’s sexual assault allegations from a date that went wrong. Maybe it’s criminal sexual contact charges after a domestic dispute. Maybe someone accused you of something that never happened, and now police are investigating. You’re terrified – not just about prison time, but about sex offender registration, Megan’s Law, your name and photo on a public database that destroys your career, your family relationships, your ability to live anywhere near schools or parks.
Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 50 years combined experience defending sex crime cases in New Jersey and New York. We handle sexual assault charges in Bergen County Superior Court. This article explains New Jersey’s sexual assault laws under N.J.S.A. 2C:14, the difference between sexual assault and criminal sexual contact, why Megan’s Law registration can be worse than prison time, and why sex crime allegations require immediate legal intervention before you make statements to police that destroy your defense.
Sexual Assault – Second-Degree With Presumption of Imprisonment
Sexual assault under N.J.S.A. 2C:14-2 is a second-degree crime – five to ten years state prison. The statute defines it as “an act of sexual penetration with another person” under specific circumstances: use of physical force or coercion, victim is physically helpless or mentally incapacitated, victim is under age 13, victim is between 13 and 16 and defendant has supervisory authority. Sexual penetration includes vaginal intercourse, oral sex, anal sex, or penetration however slight with any object.
Bergen County prosecutors treat sexual assault charges as presumption of incarceration cases – you’re presumed to go to prison if convicted even as a first-time offender. The seriousness of the offense overcomes the usual presumption that non-violent first offenders receive probation. We’ve defended cases where doctors, teachers, business owners with no criminal history faced mandatory prison because the presumption of incarceration applies to all sexual assault convictions regardless of defendant’s background.
Aggravated sexual assault is first-degree – ten to twenty years. If the victim is under 13, the sentence increases to 25 years to life with 25 years minimum before parole eligibility. These are the most serious criminal charges in New Jersey besides murder. Bergen County Prosecutor’s Office assigns experienced assistant prosecutors to handle aggravated sexual assault cases, they have victim advocates working with complainants, they’re aggressive in prosecution because of the severity of the allegations.
Criminal Sexual Contact – Fourth Degree But Still Megan’s Law
Criminal sexual contact under N.J.S.A. 2C:14-3 covers sexual touching without penetration – touching intimate parts for purpose of sexual gratification or degradation. It’s a fourth-degree crime, up to 18 months prison and $10,000 fine. Many people think fourth-degree is minor, but sexual contact charges still trigger Megan’s Law registration in many cases, still carry Parole Supervision for Life, still destroy professional licenses and employment.
We’ve defended cases where someone was charged with criminal sexual contact after grabbing someone’s buttocks at a bar, after touching someone’s breast during an argument, after allegations of inappropriate touching during a massage. These cases often come down to credibility – no witnesses, no physical evidence, just complainant’s word against defendant’s. Bergen County juries sometimes struggle with these cases when there’s no corroboration, but prosecutors still pursue them aggressively because they view any sexual touching as serious misconduct.
The distinction between sexual assault and criminal sexual contact matters for sentencing but both require Megan’s Law registration if convicted. A fourth-degree conviction means less prison exposure but the same lifetime consequences for registration, community notification, residence restrictions. Sometimes prosecutors offer to downgrade sexual assault charges to criminal sexual contact as plea negotiation – defendant avoids presumption of imprisonment but still faces registration requirements that make the conviction life-altering.
Megan’s Law Registration – Lifetime Consequences
Megan’s Law in New Jersey requires registration for anyone convicted of specified sex offenses. Once registered, you must report your address to local police, update them within 10 days of any move, re-register annually, provide current photo. The New Jersey Sex Offender Internet Registry makes your information public – name, address, photo, physical description, offense details. Anyone can search the registry, see where you live, see what you were convicted of.
Bergen County has strict enforcement of Megan’s Law compliance. Miss a registration deadline, fail to update your address, move without notifying police – that’s a third-degree crime carrying up to five years prison. We’ve defended cases where someone registered as required but moved to a new apartment and forgot to update within the 10-day window, got arrested for failure to register. The penalties for non-compliance are harsh because legislators want to ensure registry accuracy for public safety.
Tier classification determines notification level. Tier I offenders have low risk of reoffense – registration required but not included on public internet registry. Tier II is moderate risk – included on public registry. Tier III is high risk – public registry plus active community notification where prosecutors send notices to neighbors, schools, community organizations informing them a sex offender lives nearby. The tier determination happens through a risk assessment process that considers offense details, criminal history, psychological evaluations, age and circumstances of victim.
You can petition to terminate registration after 15 years if you haven’t committed another offense and don’t pose a threat to public safety. But 15 years is a long time – you’ve already lost jobs, been forced to move multiple times because landlords refuse to rent to registered sex offenders, been ostracized from your community. Many defendants would rather fight the charge at trial risking prison than plead guilty and accept lifetime registration even with reduced prison time.
False Accusations and He-Said-She-Said Cases
Many Bergen County sex crime cases involve delayed reporting, no witnesses, no physical evidence. Someone reports sexual assault days or weeks after the alleged incident. No medical exam was done at the time. No text messages or communications support the allegation. It’s complainant’s testimony versus defendant’s denial. These are the hardest cases to defend because juries struggle with credibility assessments – both sides seem believable, but someone is lying or misremembering or misinterpreting what happened.
We investigate complainant’s credibility immediately. Social media posts, text messages, communications with the defendant after the alleged assault – if complainant texted defendant the next day saying they had a great time, that contradicts allegations of non-consensual assault. If there’s evidence of a motive to fabricate – custody dispute, revenge for relationship ending, financial motivation in a civil lawsuit – we present that to undermine credibility. Bergen County juries convict based on testimony alone in some cases, but they also acquit when defense can show reasons to doubt the accusation.
Talking to police before consulting a lawyer destroys most defenses. Police interview defendants using techniques designed to elicit incriminating statements. They minimize the severity of the allegation, suggest that consent was unclear, imply that cooperation will help your case. Defendants trying to explain what happened make admissions that prosecutors use at trial – “we did have sex but I thought she consented” becomes proof penetration occurred, leaving only the consent issue for trial. We’ve defended cases that could have been won except defendant admitted facts during police interview that eliminated defense options.
Professional License Consequences
Teachers, doctors, nurses, lawyers, CPAs – any profession requiring state licensure faces automatic license revocation or suspension upon conviction of sexual assault. The licensing board conducts separate proceedings from the criminal case, they have lower burden of proof, they can revoke your license even if criminal charges get dismissed if they find you engaged in conduct inconsistent with professional standards. We’ve defended cases where doctors maintained licenses despite convictions by negotiating specific terms with the medical board, but most licensed professionals lose their careers permanently after sex crime convictions.
Bergen County school districts, healthcare facilities, financial institutions conduct background checks that reveal arrests even without convictions. Being arrested for sexual assault typically results in immediate suspension or termination even before the case reaches trial. If you’re acquitted, you can pursue wrongful termination claims, but most employment contracts include morality clauses or provisions allowing termination for conduct that damages the employer’s reputation. The accusation alone, regardless of legal outcome, often ends careers in fields requiring public trust.
At Spodek Law Group – we’ve defended sexual assault cases in Bergen County Superior Court and challenged false accusations through aggressive investigation and trial preparation. Todd Spodek has tried sex crime cases before Bergen County juries and cross-examined complainants whose stories fell apart under scrutiny. If you’re facing sex crime charges in Bergen County, call us at 212-300-5196 before making any statements to police. Once you talk to investigators without a lawyer present, you can’t take those statements back, and they often become the prosecution’s strongest evidence against you.