The Law Offices of Jonathan F. Marshall
  • Free Initial Consultation 24/7
  • All Major Credit Cards Accepted
  • Red Bank Office (732) 450 8300
  • Freehold Office (732) 462 1197

Aggravated Sexual Assault

Freehold NJ Aggravated Sexual Assault Lawyers

The offense of aggravated sexual assault is one of the more serious charges a persons can face at the Monmouth County Superior Court in Freehold NJ. Anyone accused of this charge needs representation by an experienced sex crimes lawyer — there is absolutely no doubt. A conviction results in as much as two decades in state prison and lifetime registration as a convicted sex offender thereafter. There is no room for the inexperienced when it comes to defending an aggravated sexual assault charge at the Monmouth County Superior Court in Freehold. The stakes are extraordinarily high, cases complex, and there is often need for significant finesse in order to achieve optimum results. The attorneys at our firm, the Law Offices of The Law Offices of Jonathan F. Marshall, possess this level of skill as former prosecutors and highly experienced criminal attorneys with over a century in practice combined. We represent individuals arrested and charged with aggravated sexual assault in Aberdeen, Belmar, Manasquan, Lake Como, Long Branch, Ocean Township and any other municipality in Monmouth County. If you are under investigation or have already been charged and are awaiting presentation of your case to a grand jury, we are here to help you. To discuss your charge with an attorney, call our Freehold Office at 732-462-1197.

Aggravated Sexual Assault Law – N.J.S.A. 2C:14-2

Aggravated Sexual Assault is the most serious sex offense an individual can face in New Jersey. The charge arises if a person commits an act of sexual penetration under any of the following circumstances:

  1. The victim is less than 13 years old;
  2. The victim is between 13 and 16 years old and the actor is related to the victim by blood or affinity to the third degree, has supervisory or disciplinary power over the victim because of occupation, legal or professional status, or 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);
  3. The act was committed during the commission or attempted commission of a robbery, kidnapping, homicide, aggravated assault, burglary, arson, or criminal escape;
  4. 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;
  5. The actor is aided or abetted by one or more other persons and uses force or coercion;
  6. The actor uses physical force or coercion and severe personal injury is sustained by the victim; or
  7. 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.

Sexual penetration is a fundamental element of any aggravated sexual assault charge. N.J.S.A. 2C:14-1c defines “sexual penetration” as “vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor’s instruction.” New Jersey Courts have held that licking of labia without insertion, placing the mouth on the penis, and penile penetration of the outer area of the vaginal opening are all acts that constitute “sexual penetration”.  Touching of the buttocks without insertion is not penetration for purposes of aggravated sexual assault although it is actionable on another basis, for example, endangering the welfare of a child or aggravated criminal sexual contact.

Physical and mental incapacitation is an issue that frequently arises in aggravated sexual assault cases. The typical scenario is someone who claims that they were so highly intoxicated or under the influence of drugs that they are basically helpless. To convict someone of engaging in sexual penetration with someone who is physically helpless, the state must prove that the victim was unconscious, or physically unable to flee or physically unable to communicate an unwillingness to act.  In order to show mental incapacity, the prosecutor must establish that the victim was incapable of understanding or controlling her conduct by virtue of, for example, narcotic or alcohol.

Penalties for Aggravated Sexual Assault

Aggravated sexual assault is a crime of the First Degree. The term of imprisonment if someone is convicted of this offense is 10 to 20 years. The fine is up to $200,000. The no early release act, commonly referred to as NERA, also applies. NERA imposes a requirement that an individual serve 85% of his or her sentence before they are eligible for parole.

Megan’s Law

If you are convicted under N.J.S.A. 2C:14-2, you are required to register as a sex offender under Megan’s Law. A community supervision for life obligation is also imposed. An individual is permanently ineligible for removal from these obligations if they are convicted of aggravated sexual assault.

Statute of Limitations

New Jersey law provides that there is no statute of limitations for filing a criminal complaint or indicting someone for aggravated sexual assault.

Red Bank Aggravated Sexual Assault Attorney

It should be clear from your review of this information that aggravated sexual assault is an extremely complex offense to defend. To compound the situation further, a conviction results in some of the most extreme penalties under the criminal code. An alleged rape that results in police charging, arresting and/or securing an indictment for aggravated sexual assault is just about as serious a scenario that someone can be up against at the Courthouse in Freehold. It clearly requires the expertise of a criminal attorney who has not only handled complex sex crime cases but also know of the court system. Our Red Bank aggravated sexual assault attorneys are former prosecutors who have defended thousands of cases, including aggravated sexual assault, at the Monmouth County Superior Court. We are ready to defend you against the charge that was filed in Asbury Park, Atlantic Highlands, Brielle, Keansburg, Keyport, or Middletown. To learn what our defense lawyers can do to help you escape a jail/prison sentence and the other consequences of a conviction, call our Red Bank Office at 732-450-8300.