Nationwide Legal Representation
We are an elite criminal defense law firm, that emphasizes providing the best service and professionalism to all clients. We service a curated clientele nationwide – that expect the best from their lawyer. We handle tough criminal defense and legal situations that require deep knowledge, experience, dedication, and excellence in order to win. We have over 50 years of combined experience, handling national and international cases.
Service Matters
Excellent results begins with top notch service. We treat you like family, and you always know what's going on with your criminal defense case.
Work Directly
When you hire our law firm, you work directly with a senior criminal defense attorney only. This ensures the best results possible.
Who We Are
We 100's of 5 star reviews, and have been featured in the media. We are a premier law firm who understands how to win cases.
Top Rated Attorneys
The Spodek Law Group is one of the most successful law firms in the USA. Our success comes from the fact we are attentive to details, and take a very pragmatic approach to each and every single case. Our clients turn to us for realistic advice – so they can make the appropriate decisions they need to make personally. Our goal is to make sure your case ends in a positive outcome, not only personally – but for your family as well.
New Jersey Aggravated Sexual Assault Lawyer
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.
FREE CONSULTATION
PRACTICE AREAS
MISDEMEANORS
Testimonials
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 enough.
~ David Bruce
Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.
~ Rowlin Garcia
Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.
~ Francis Anim
Spodek Law Group
White Glove Service
We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.
Hear From Our Clients
"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..."
David Bruce"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."
Rowlin Garcia"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."
Francis AnimGet In Touch
Schedule Your Consultation
Los Angeles
Queens
NYC
Brooklyn
Call Us