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New Jersey Aggravated Sexual Assault Lawyer

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.

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.

In addition, if you can prove that the victim did not have the mental capacity to give consent, you may have a defense to the charges.

Another common defense to aggravated sexual assault is false accusations. In some cases, the victim may falsely accuse the defendant of sexual assault because the victim believes it is in his or her best interest. For example, if a child believes that he or she will get in trouble for having sex with someone who is not his or her spouse, the child may falsely accuse the other person of rape.

Your attorney may be able to help you prove that the victim is falsely accusing you of sexual assault.


Charle Butler
Charle Butler
2021-03-12
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I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
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Mesonista parsons
2021-03-05
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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
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Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
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Asata Hendricks
2021-03-02
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Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
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I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
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Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

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