Aggravated Sex Assault Lawyers In New Jersey
Our New Jersey Aggravated Sexual Assault lawyers are committed to fighting for you. You will benefit from our extensive trial experience.
Most importantly, we will be honest about your chances of winning your case. We never guarantee results. However, we absolutely guarantee that we will aggressively fight for you!
Your Aggravated Sexual Assault case is as important to us as it is to you. Your freedom is on the line. Each case is different and we welcome the opportunity to protect & defend you.
When you hire us, you will get complete access to us. We respond to all communications & really care about our clients.
Our fees are reasonable and we offer payment plans.
What Is Aggravated Sexual Assault?
New Jersey defines sexual assault as a crime in which one person forces another person to have “vaginal intercourse, cunnilingus, fellatio or anal intercourse” or to be subject to the “insertion of a hand, finger or other object” in the vagina or anus.
Sexual Assault charges get elevated to Aggravated Sexual Assault if one of the following occurs:
- The alleged victim is younger than 13.
- The alleged victim is 13 to 16 years old, and the defendant is related by blood or other legal means to the minor (such as a legal guardian).
- The alleged sexual assault occurred while another crime was being committed or attempted (such as a kidnapping or a robbery).
- The alleged sexual assault involved physical force that resulted in bodily injury.
- The defendant allegedly had a weapon and threatened to use it during the assault.
- The alleged victim was helpless or incapacitated (such as if the person was unconscious or unable to move), and the defendant knew or should have known that.
Is It A Felony In New Jersey?
Aggravated Sexual Assault charges are always prosecuted as either First or Second-degree crimes.
If you plead guilty to a First-degree crime, you are facing a minimum of ten years in prison.
Depending on the number of charges, you will be sentenced to multiple decades of incarceration.
These charges never get downgraded and you will be ineligible for PTI.
You may want to read:
Dismissing Criminal Charges: Top 7 Ways To End The Nightmare
1st-Degree Aggravated Sexual Assault Penalties
A crime of the first degree is ordinarily punishable by a term of imprisonment of 10 to 20 years or a fine of up to $200,000 or both.
If you were convicted of 1st-degree Aggravated Sexual Assault, you would be sentenced to a specific term of years fixed by the court.
The term would be between 25 years and life imprisonment of which you must serve 25 years before being eligible for parole.
Is There A Statute Of Limitations?
There is no statute of limitations for Sexual Assault in NJ.
In other words, you can be charged many years after you allegedly committed this offense.
However, for most other sex offenses, the period of time is 5 years.
If you believe that you are being investigated for sexual assault in NJ, contact us immediately.
For more information on the statute of limitations for sexual assault crimes throughout the country, please click here.
Can I Get PTI For An Aggravated Sexual Assault Charge?
Your eligibility to get into PTI for an Aggravated Assault charge will depend on a number of factors.
For a complete discussion of New Jersey’s Pretrial Intervention Program, see NJ PTI: Everything You Need To Know In 5 Minutes!
i'm under investigation for Aggravated sexual Assault:
Should I talk to the police & explain my side?
We advise every client that walks through our to never speak to law enforcement.
You risk incriminating yourself every time you try to explain things to law enforcement.
The best course of action is to retain a Criminal Defense lawyer & let him guide your decision to speak with law enforcement.
The truth is that you always have time before trial to give a statement to the police.
Remember, if you make one single mistake while giving your statement, you can never take it back.
It’s that “innocent statement” that will land you in prison for a decade.
Actions you should take if the police approach you
If the police approach you to get your side of the story, remember these commandments:
1. Never Speak to the police until you retain a lawyer
2. Never Answer police questions until you retain a lawyer.
3. Never Admit anything to the police until you retain a lawyer.
It is human nature to try and explain your side of things but you should never try to explain anything if you are being investigted for a crime.
The problem is that you never help your situation when you answer police questions.
In fact, you make matters worse because the tiniest piece of information can get twisted.
How To Defend Against An Aggravated Sexual Assault Charge In New Jersey
To simplify things for you, we’re just going to discuss two ways to defend against Aggravated Sexual Assault charges.
The first defense is “consent”.
Consent means that you and the alleged victim agreed to engage in the underlying sexual behavior.
However, this defense is not available when the alleged victim is a minor.
The second defense deals with the State’s inability to prove penetration.
If the State failed to obtain DNA evidence or if you never provided a statement admitting to the sexual act, then the case becomes a credibility issue.
Aggravated Sexual Assault charges are among the most serious charges in New Jersey.
In addtion to a lengthy prison sentence, you are facing lifelong probation.
You will have to register as a sex offender & you will be prohibited from using social media.
The conditions put on you will greatly affect your quality of life & obtaining employment will be virtually impossible with a felony conviction.
We have been very successful representing clients charged with Aggravated Sexual Assault charges in New Jersey.
If you are in this situation, schedule a free consultation with us.
We are here to protect & defend you.