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New Jersey Child Molestation Defense Lawyer

August 29, 2020

New Jersey Child Molestation Defense Lawyer

Being accused of molesting a child can be a devastating experience for the one facing these charges. This type of criminal charge can completely ruin the accused by causing them to lose their jobs, face serious penalties that include extraordinarily high fines and even lengthy jail sentences of up to 20 years in some cases. This type of serious charge can haunt the accused for decades and even the person’s entire rest of their life. It is essential to contact an experienced New Jersey child molestation defense lawyer before saying anything to the police or anyone involved with the case.

Why Prosecutors Tend to Err on the Side of the Child

Due to the increasing rage of victims, their family members and communities as a whole, the elected prosecutors who handle these types of cases feel obligated to take a firm and unrelenting stand against any sort of sexual abuse cases including and especially with child molestation incidents.

This means that the chances of someone actually being innocent of these heinous crimes will tend to be higher, and the accused child molester can find themselves unfairly targeted by members of their community. Some accused child molesters are threatened and/or physically beaten by vigilantes thinking that they have the right to punish such an offender.

Sentencing for Child Molestation Convictions Run from Misdemeanors to Felonies

The wide and broad range of the type of criminal conviction sentencing choices can mean that those convicted of these crimes against children may get sentences that will also vary widely. Some molestation charges are considered a misdemeanor offense, and others are given felony sentences.

The only real difference in how each defendant is treated during the sentencing phase is the choice of lawyer. It is crucial for anyone accused of child abuse involving molestation to choose a seasoned New Jersey child molestation defense lawyer with a successful record of winning their client’s cases.

There Are Different Degrees for Child Molestation Charges

Not all child sexual abuse charges are labeled the same. In fact, there are different degrees for child molestation charges that an accused should be aware of. These degrees include first-degree child molestation charges actually termed aggravated sexual assault under New Jersey law.

This charge depends on a number of factors. Factors include age of child, age of perpetrator, at time of the offense, and whether the culprit is related to the victim, has guardianship control or is otherwise considered a guardian in some capacity over the victim. This type of assault can result in 10 to 20 year jail sentences and fines upwards of $200,000 along with other penalties.

A person may be charged under second-degree child molestation in New Jersey if the perpetrator did not actually sexually penetrate the victim and other age and other criteria are evident. The legal term for this is sexual assault. There are cases when the accused would be charged under this degree depending on the relationship between the accused and the victim. Fines under this conviction can be up to $150,000 with jail time from 5 to 10 years.

Child Molestation Convictions Can Mean a Lifetime on Sex Offender Registry

New Jersey, like many other states, require that persons convicted of first-degree child molestation offenses be forced to remain on the sex offender registry for life. This information is public knowledge, and there are severe restrictions regarding contact of any child from then on.

Being put on the sexual abuse state registry can cost people their careers, derail future education plans and limit any job prospects for the rest of their lifetimes.

There Are False Cases of Child Molestation Despite Popular Opinion

Although the current climate on always believing the child is a step forward for victim rights, there are cases of false accusations of child molestation by persons who are either ignorant of the situation or do so to cause someone harm. This could occur in nasty divorce and child custody disputes. This is why your choice in a defense lawyer matters.

Never take your innocence for granted if charged with child molestation. Always contact a dedicated child molestation defense lawyer from NJ immediately.

Child molestation can be charged in New Jersey as a first, second, or third degree crime depending on the circumstances. A first degree crime can lead to 20 years in prison, while the lesser degrees can lead to up to 10 years in prison.

The elements of a New Jersey child molestation charge are as follows:

  • The offender committed an act of sexual contact with a child
  • The offender committed an act of penetration of a child
  • The offender committed an act of penetration of a child with an object
  • The offender committed an act of deviate sexual intercourse with a child

Child molestation charges can be very serious, and you may be facing a long prison sentence if you’re convicted. It’s important to consult with a New Jersey child molestation defense lawyer as soon as possible.

There are a number of defenses that can be used for child molestation charges, and it is important to have a New Jersey child molestation defense lawyer on your side to ensure that you have the best chance of winning your case. Defenses that can be used in child molestation cases include:

  • The acts were accidental
  • The acts were misconstrued
  • The child said they were not molested
  • The child is lying
  • The child is mistaken
  • There was no sexual contact
  • The accuser suffers from mental illness

If you’re facing child molestation charges, contact our New Jersey child molestation defense lawyer today for a free consultation.

What Is Child Molestation?

Child molestation is a serious charge that is often brought against anyone who is accused of committing a sexual act against a minor. The act can be something as simple as touching a child inappropriately, regardless of whether there was any sexual intent.

There are often laws that make it easier for prosecutors to bring child molestation charges. In some cases, even if there is no sexual intent behind the touching, the charges can be brought. In other cases, there may be no evidence that the act even occurred.

The difficulty in defending against these charges is that it is often the word of the child against the word of the adult. When this happens, the child’s word is often taken more seriously than the adult’s.

What Are the Penalties for Child Molestation?

The penalties for child molestation can often be very severe, even when there is little evidence to support the charges. In some cases, child molestation is charged as a first-degree felony, which can result in a prison sentence of up to 30 years.

In other cases, child molestation is charged as a third-degree felony, which can result in up to five years in prison. If you are convicted of child molestation, you will also likely be required to register as a sex offender and may face a number of other penalties.

Defending Against Child Molestation Charges

There are a number of ways to defend against child molestation charges. The first step is to work with an experienced New Jersey child molestation defense lawyer to understand the charges against you and develop a strategy to defend against them.

In some cases, the best way to defend against these charges is to attack the credibility of the child making the accusation. In other cases, it may be possible to prove that the act did not occur or that it was not a sexual act.

In some cases, it may be possible to prove that the child is making a false accusation for a number of reasons. In other cases, it may be possible to negotiate a plea deal that allows you to avoid jail time or a sex offender registration.

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