Our Team Attorneys is Highly Skilled In Defending Aggravated Sexual Assault Charges Throughout New Jersey
The first degree offense for aggravated sexual assault is a serious crime that necessitate representation by a highly skilled NJ criminal defense attorney. The most heinous crime a person can face in New Jersey is aggravated sexual assault, also known as “rape”. This is a first degree crime that carries the possibility of decades in state prison and horrible collateral consequences, including registration as a sex offender under Megan’s Law and Parole Supervision for Life (“PSL”). A person can be charged with aggravated sexual assault if they engage in sexual penetration without the victim’s consent under one of seven (7) circumstances listed in N.J.S.A. 2C:14-2(a). Given the nature of the issues confronted in these types of rape cases, as well as the seriousness of the penalties involved, they are often some of the most complex and highly contested charges that a NJ criminal attorney can come up against. Indeed, it would follow that aggravated sexual assault is a criminal charge that not only necessitates representation by a defense attorney but also one that is extremely accomplished.
If you have come under investigation for aggravated sexual assault, including allegations of molestation of a child, or you have already been arrested, you cannot skimp when it comes to your choice of an attorney. You need a lawyer who is unquestionably experienced, possesses a strong track record of success and has tried a great many sex cases. Give us a call for your free consultation with one of our lawyers anytime 24/7.
Aggravated Sexual Assault Offense Attorneys in New Jersey
Here are the seven (7) scenarios that can result in aggravated sexual assault pursuant to 2C:14-2a. A prerequisite under all of these scenarios is sexual penetration. The offense has been committed in the event that this act takes place under the following circumstances:
Penalties for Aggravated Sexual Assault in New Jersey State
Aggravated sexual assault is a first degree offense under 2C:14-2. The standard penalties upon sentencing for a first degree crime include 10-20 years behind bars, a $200,000 fine, registration under Megan’s Law (required sex offender registration) and Parole Supervision for Law. Also be aware that the No Early Release Act (“NERA”) applies and this sentencing provision requires that a defendant serve at least 85% of their sentence before being eligible for parole.
Enhanced Repercussions If The Victim Is Under 13.
The penalties for aggravated sexual assault are raised when the victim of an aggravated sexual assault is under thirteen (13) years old. The Lunsford Act sets a minimum sentence of to 25 years to life in prison. The prosecutor is permitted, in the interest of the victim, to make a pre-indictment plea deal of fifteen (15) years.
Victim Participation in Resolution.
The law requires that the victim get consultation in any resolution of the aggravated sexual assault charge. While prosecutors may continue to enjoy discretion and the authority to negotiate a plea, they are instructed to speak to a victim before consummating a plea. The victim should also be afforded the right to speak at sentencing.
Statute of Limitation.
No statute of limitations is in place for filing a complaint or indictment for aggravated sexual assault.
When people are accused of aggravated sexual assault is released from custody, a sexual assault restraining order is typically issued. This order bars any and all contact with the victim.
Aggravated Sexual Assault Defense Lawyers in New Jersey
Allegations of molestation or some other type of aggravated sexual assault are clearly very egregious. The situation is even more complicated when companion charges like a NJ endangering the welfare of a child offense are involved. It is extremely critical that the accused be represented by an experienced attorney. Members of the defense team at Spodek Law Group include talented attorneys with decades handling the toughest sex crimes cases. To talk about the allegations against you or your loved one with a lawyer anytime 24/7, call our firm. We will be happy to deal with issues such as a first appearance, detention hearing or others involved in your case. The consultation is free of charge.
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.
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.
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.
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.
555 W 5th St 35th floor, Los Angeles, CA 90013
35-37 36th St, 2nd Floor Astoria, NY 11106
85 Broad St 30th Floor, New York, NY 10004
195 Montague St., 14th Floor, Brooklyn, NY 11201