New Jersey Aggravated Sexual Assault Lawyer

Understanding Aggravated Sexual Assault

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.