Charged With Criminal Sexual Contact In Freehold NJ
Have you been charged with criminal sexual contact in Monmouth County? You are probably very nervous and rightfully concerned if you have been accused of this offense. No one wants to be convicted of inappropriately touching the sexual parts of another for obvious reasons. The penalties and collateral consequences of a conviction for criminal sexual contact are potentially devastating and this is why it is crucial that you retain an experienced sex crimes lawyer like those at our firm. The attorneys at our firm, Marshall, Bonus, Proetta & Oliver, include former prosecutors who represent individuals arrested in Tinton Falls, Red Bank, Asbury Park, Wall, Long Branch and other municipalities in the county. An attorney on our staff is prepared to review the facts of your case free of charge and advise you exactly how we can assist you. For immediate assistance, contact our Freehold Office at 732-462-1197 or Red Bank Office at 732-450-8300. We hope you find the information that follows to be of assistance.
Criminal Sexual Contact Offense Under N.J.S.A. 2C:14-3
This charge is similar to sexual assault except for the fact that the conduct for this offense involves inappropriate sexual contact rather than penetration. Another distinction is the fact that criminal sexual contact is a fourth degree crime as opposed to a second degree crime. In order to prove a 2C:14-3 violation, the state must prove that “sexual contact” took place under one of the following circumstances:
- Where the actor uses physical force or coercion but the victim does not sustain serious injury;
- The victim is on probation or parole or detained (in a hospital, prison or other institution) and the actor has disciplinary or supervisory power over the victim by virtue of the actor’s legal, professional, or occupational status;
- The victim is between 16 and 18 years of age AND the actor is related to the victim by blood or affinity to the third degree OR the actor has supervisory or disciplinary power of any nature in any capacity over the victim; or
- The victim is at least 13 years old but less than 16 years old and the actor is at least four years older than the victim.
How Is “Sexual Contact” Defined? N.J.S.A. 2C:14-3 includes a definition of sexual contact and provides that it is 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). Intimate parts, as intended for the statute, include sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person.
Penalties for Criminal Sexual Contact
As previously stated, criminal sexual contact is a fourth degree crime. The maximum sentence for fourth degree criminal sexual contact is 18 months in state prison and a fine of up to $10,000. A first time offender is eligible for the Pretrial Intervention Program (“PTI”) although it is common for the Monmouth County Prosecutor’s Office to object to applications in sex crimes cases. It is especially important to have a savvy attorney that can provide you with the greatest opportunity for admission.
Statute of Limitations
The statute of limitation for filing a complaint or secure an indictment is five (5) years where the victim is an adult. When the victim is a minor, prosecution must commence five (5) years of the victim reaching eighteen or within two years of the discovery of the offense by the victim, whichever is later.
Middletown Criminal Sexual Contact Defense Lawyers
Middletown is the largest and most populated town in Monmouth County. It should not, therefore, be shocking to anyone to learn that Middletown has more criminal sexual contact arrests than municipalities like Sea Girt or Fair Haven. Irrespective of where you were charged with this offense, you need to be diligent in protecting yourself. The first step in doing so is to select the right lawyer to fight for you. At our firm, we can offer the muscle of 7 criminal attorneys, several of whom are former prosecutors, and many years appearing before the judges in Freehold where the Superior Court is located. We have successfully represented individuals just like you who have been arrested in Manasquan, Belmar, Holmdel, Hazlet and elsewhere. To discuss your case with a skilled defense attorney, call us 24/7 for a free initial consultation.