Freehold NJ Aggravated Criminal Sexual Contact Defense Attorneys
The offense of aggravated criminal sexual contact is very serious because it carries extreme penalties including mandatory registration as a sex offender under Megan’s Law. It is therefore imperative for anyone who has been arrested for allegedly violating N.J.S.A. 2C:14-3 to retain a skilled attorney. Our firm, the Law Offices of The Law Offices of Jonathan F. Marshall, defends individuals charged with aggravated criminal sexual contact in Middletown, West Long Branch, Belmar, Asbury Park, Manasquan and every else in Monmouth County. All charges of this nature end up, however, in Freehold NJ at the county Superior Court as that is the only place where a felony offense like this may be dealt with. Our team has decades of experience defending sex crimes in Freehold and our staff even includes several former prosecutors. The following is a summary of the relevant law pertaining to the offense of Aggravated Criminal Sexual Contact. A lawyer from our firm is ready to address detailed questions regarding this charge and to review the facts of your case. Please feel from to contact our Freehold NJ Office for a free consultation if you need our assistance.
Aggravated Criminal Sexual Contact Law – N.J.S.A. 2C:14-3
An actor is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with the victim under any of the following circumstances:
- the Victim is between 13 and 16 years old and the actor is related ot the victim by blood or affinity, the actor has supervisory or disciplinary power over the victim because of occupation, legal or professional status, or the actor is a resource family parent, guardian, or stands “in loco parentis” (meaning a non-biological parent who has taken on the responsibilities of a parent towards a minor).
- the act is committed during the commission or attempted commission of a robbery, kidnapping, homicide, aggravated assault, burglary, arson, or criminal escape;
- the actor was armed with a weapon (or object fashioned in such a manner as to lead the victim to believe it to be a weapon) and threatens by word or gesture to use it;
- the actor is aided or abetted by one or more other persons and uses force or coercion
- the actor uses physical force or coercion and severe personal injury is sustained by the victim; or
- the actor knew (or should have known) that the victim was physically helpless, mentally incapacitated, or had a mental disease or defect which rendered said victim incapable of understanding the nature of the actor’s conduct, including (but not limited to) being incapable of providing consent
Definition of “Sexual Contact” Under 2C:14-3
This statute includes a definition of sexual contact as any intentional touching by the victim or actor (directly or through clothing) of the victim’s or actor’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or gratifying the actor. Sexual contact of the actor with himself (such as masturbation) must be in view of a victim (whom the actor knows is present).
What are “Intimate Parts” for Purposes of a Violation? Intimate parts, as intended for the statute, include sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person.
Grading of Aggravated Criminal Sexual Contact
This offense is a crime of the third degree. The jail exposure is a maximum of five (5) years. The fine for a third degree charge of aggravated criminal sexual contact is up to $15,000. Probation, parole, and other ancillary penalties are also permissible at sentencing under 2C:14-3.
The requirements of Megan’s Law are triggered upon conviction. In other words, mandatory community supervision and registration is a consequence of a guilty finding and/or plea under N.J.S.A. 2C:14-3.
Lawyer for Aggravated Criminal Sexual Contact Charge In Freehold NJ
As previously stated, your charge will be sent to Freehold irrespective of where you were arrested as the Monmouth County Superior Court has jurisdiction to hear third degree crimes like aggravated criminal sexual contact. Our lawyers have considerable experience defending cases at this level, having handled literally thousands of charges there over the last 20 plus years. We know our attorneys bring considerable experience and muscle to those who choose to hire us and we welcome the opportunity to speak to you about your case. If you were arrested on this charge in Freehold, Hazlet, Howell, Ocean, Tinton Falls, Wall, or anywhere else in the county, call our Freehold Office now at 732-462-1197 for a free consultation.