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Sexual Assault, Aggravated Sexual Assault, Luring, Child Pornography, Endangering the Welfare of a Child or Another Sex Offense in Monmouth County
Allegations that you committed a sex crime can change everything in your life. You are not only exposed to the risk of prison, jail, fines, and being a registered se offender but also the stigma associated with someone who commits these types of distasteful criminal offenses. The cost associated with a charge of this nature will follow you for years to come so need to hire the very best Monmouth County sex crime lawyers you if you have been charged with any type of offense falling under Subtitle 14 of the New Jersey Criminal Code.
If you’re facing sex crime charges in Monmouth County, it’s essential to get the knowledgeable and experienced representation you deserve. At Marshall Criminal Defense, our experienced attorneys have worked as county and public defenders in Monmouth County for decades. Our exceptional and truly rare qualifications for defending your sex crimes charge in Monmouth County include:
- Over 200 years of combined experience representing clients arrested for sexual assault, criminal sexual contact, luring, human trafficking, endangering the welfare of a child, child pornography, and other sex crime charges
- Former Monmouth County Prosecutors that served as Director of Major Crimes, Special Operations/Victims, Juvenile, Domestic Violence & even the entire Trial Division.
- Two Former Directors of Sex Crimes Units at Prosecutor’s Offices in the State
- Certified criminal trial attorneys
- 15 attorneys that limit their practices to criminal law exclusively
Our experience and track record of success have earned us a reputation for providing an aggressive and thorough defense to those charged with sex crimes, including molestation or child sexual abuse, in Monmouth County.
If you’re facing sex offense charges at the Monmouth County Superior Court in Freehold New Jersey, get the help you need. Contact us online or call our Freehold or Middletown Law Office now to speak to a Monmouth County sex crimes defense attorney with the knowledge and insight that you need. We’re available 24/7, and we offer a free initial consultation about your case.
How Our Attorneys Can Help You Fight Sex Crime Charges
When you’re facing a sex crime charge, you don’t have to do it alone. Our dedicated sex crimes attorneys are here to help you stand up for your rights. At Marshall Criminal Defense, we have the knowledge, resources, and experience to fight for you.
Our lawyers can help fight a criminal charge that is sexual in nature in many ways, including:
- Taking immediate action to protect you. When you’re facing sex offense charges, it’s essential to get protection fast. Our attorneys have decades of experience defending and prosecuting people accused of sex crimes. We know the legal processes involved, we understand how prosecutors approach these cases, and what actions are critical after someone is charged. We’re available 24/7 to help.
- Fighting for bail reductions. In many cases, the amount required for bail can be reduced. However, it requires careful negotiations and knowledge of the law. Our experienced lawyers know what’s involved and will work tirelessly to reduce your bail. We’ll use our experience, our resources, and every tool at our disposal to help reduce the amount of bail our clients are required to post.
- Independently investigating your case. When you’re accused of a sex crime, our attorneys will investigate the charge and work to find any inconsistencies or false evidence involved. Falsified testimony, faulty tests, and many other forms of questionable evidence can be involved with a case. We’ll put our experience to work for you and challenge every piece of questionable evidence.
- Advocating for you and working to have the charges reduced or dropped altogether. In some cases, charges may be dropped by authorities. In others, charges may be reduced to a lower category crime meaning a lesser punishment. We’ll use our knowledge and experience to help fight the charges against you, and we’ll work to get them reduced or to get them dismissed completely.
- Working to obtain plea bargains when appropriate. In some cases, clients prefer to take a plea bargain. Our experienced attorneys know the law and the process of negotiating plea bargains. With years of experience defending and prosecuting those accused of sexual offenses, our lawyers can help during every aspect of the plea bargain process.
- Aggressively defending you in court. With criminal charges, there is always the possibility that a trial will be required. If it is, we’re prepared to defend you. In every case, we bring the knowledge and experience we’ve earned over decades of prosecution and criminal defense experience. When a trial is required, we’ve got your back, and in those cases where a conviction is inevitable, we’ll advocate for minimum and alternative sentences.
In every case, the attorneys at Marshall Criminal Defense bring the strength, knowledge, and experience that we’re known for. We pride ourselves on the hard work and experience derived over decades serving as Monmouth County sex crimes lawyers. Let us help you. If you’re facing sex offense charges, contact us today.
Penalties for Sex Crimes in New Jersey
In New Jersey, there are severe punishments for those convicted of sex offenses. Fines, prison time, and possible listing on a sex offender registry are all possible. Some common sex offenses and their punishments include:
- Lewdness. Lewdness may be charged as a disorderly persons violation when someone commits a lewd or offensive act that is likely to be observed by others. The punishment for this may include jail time up to 6 months and a fine up to $1,000. Lewdness may be charged as a fourth-degree crime when the individual exposes their intimate parts to a child or those with mental disorders to arouse or gratify a sexual desire. This crime is punishable by up to 18 months in jail and fines up to $10,000.
- Prostitution. Prostitution is typically treated as a disorderly persons offense on the first violation and may subject the convicted to up to 6 months in jail and a fine of up to $1,000. On subsequent convictions, it will be treated as a fourth-degree crime that may carry up to 18 months in prison and fines of up to $10,000. Also, if a vehicle was used in the crime, the court may suspend the convicted individual’s license.
- Sexual assault. Also known as rape, sexual assault carries serious penalties that depend on the age of the victim, the relationship with them, whether there were threats involved, and many other elements. This crime is generally treated at a minimum as a second-degree felony with up to a 10-year prison sentence. If the crime is aggravated, that is threats or violence are involved, the crime is treated as a first-degree crime with a jail term of up to 20 years.
- Megan’s law. After conviction in many sexual offense cases, individuals must be listed with a public sex offender register. Those who are found to carry a medium to high risk of offending again must be listed. This register makes offender’s information public and can have significant consequences on an individual’s future. It can be difficult to obtain employment, can subject individuals to public shame, and can lead to many complications.
- Parole Supervision for Life (“PSL”). In many sex crimes cases, a repercussion of a conviction is parole supervision for life, commonly referred to as PSL. What this means is that you will be subject to parole for many years following completion of any jail/prison time or probation.
These and many other sex offenses carry serious punishments in New Jersey. Punishments range from fines to decades in jail, along with mandatory listing on a sex offender registry. These are major punishments that can change the course of your life and destroy everything you’ve worked for. You should also know that a sex offender restraining order also often arises when someone is arrested for a sex crime. If you’re charged with a sex offense, you definitely want to speak to our experienced Monmouth County sex crimes defense lawyers as soon as possible.
Possible Defenses to Sex Crime Charges
When you’re facing sex offense charges, it can seem like there’s no hope, but an experienced sex crimes lawyer can defend you and fight for your rights. There mat be many ways to defend against a sex offense claim, including showing evidence of your innocence, attacking false witness testimony, addressing confused identifications, and dealing with consent issues.
- Establishing your innocence. In many sex offense charges, the individual charged with the crime will assert their innocence. A lawyer can help you establish innocence by investigating what you were doing at the time of the alleged offense and by establishing a strong record that shows you could not have done the act at the time and place in question. Credit card statements, witness testimony, travel documents, and other records can be invaluable in showing an individual’s innocence.
- Consent. Consent is a critical element of many sex offense cases. Lack of consent is usually a key element in bringing a sex offense charge against an individual. When consent can be shown in some instances, there are often no grounds to bring a sex offense charge. Consent may be difficult to establish since it is often the word of the accused against the word of the accuser. In some cases, the accused may have received consent for a sexual act only to have charges brought against them later on. When addressing consent issues, lawyers will need to look at evidence such as witness testimony, prior and subsequent statements, and other key pieces of information. In some cases, consent cannot even be considered. For cases involving minors or those with mental impairments, courts assume that the target of the offense cannot give consent.
- False witness testimony. In many sexual offense cases, it comes down to the word of the alleged offender against the alleged victim. There are many cases of the alleged victim giving false or misleading testimony against the accused. Mental issues, revenge, attention, and many other forces can motivate an individual to give false testimony. A lawyer will question the alleged victim, witnesses, and work to discover any false or conflicting statements in their testimony.
- Misidentification. In some cases, it’s possible for the accused to be misidentified. Perhaps someone who resembled you committed a crime and you were mistakenly identified, or perhaps the alleged victim didn’t get a clear view of the perpetrator and confused you with the actual attacker. Targets of sexual assault may think that one specific person committed the crime when, in fact, it was another. DNA tests, witness testimony, alibis, and other evidence can help show misidentification. A lawyer can review the evidence, investigate the allegations, and work to uncover any evidence of misidentification.
- Illegally obtained evidence. When police gather evidence, they’re required to do so according to strict procedures. When those procedures are not followed, or the evidence is improperly gathered, it may be invalid. A sex charge defense lawyer understands the evidence involved in a charge and can work to suppress evidence that was illegally and improperly gathered by police.
These and many other defenses may be available to overcome sex crimes charges. The selection and use of defenses will depend on the circumstances and evidence in your case. If you’re facing a sex offense charge in Monmouth County, contact the experienced attorneys at our Freehold Office to discuss your case.
Types of Sex Crime Defense Cases We Handle
At The Law Offices of Jonathan F. Marshall, we defend individuals on a wide range of sex offense charges. With decades of experience defending and prosecuting those accused of sex crimes, we understand how the process works.
We are here to defend clients from charges including:
- Aggravated Criminal Sexual Contact
- Aggravated Sexual Assault
- Child Pornography
- Criminal Sexual Contact
- Endangering the Welfare of a Child
- Failure to Register
- Human Trafficking
- Lewdness
- Luring
- Megan’s Law
- Prostitution & Promoting Prostitution
- Removal from Megan’s Law
- Sexual Assault
- Tier Classification Appeals
- Charges at Sandy Hook & Gunnison Beach
When you’re facing these or other sex offense charges, speak with our defense lawyers about your case as soon as possible. Sex crimes are serious charges, and it’s in your best interest to have a knowledgeable and experienced lawyer involved as soon as possible. The experienced sex charge defense lawyers at The Law Offices of Jonathan F. Marshall can advise you on what to say and what actions to take to protect yourself.
Get Help from Knowledgeable Monmouth County Sex Crime Defense Lawyers
Conviction on a sex crime charge can lead to a lifetime of problems. Our experienced and knowledgeable attorneys have worked as prosecutors and as defense lawyers, so we know what it takes to fight a sex offense charge. Regardless of the nature of the accusations, a lawyer can start your defense immediately and work to protect you.
Our sex crimes lawyers clearly have credentials that are unparalleled in terms of year of experience, trial experience, former members of the Monmouth County Prosecutors Office and sheer number of litigators defending this variety of criminal case. We know how these sex cases are built and pursued by prosecutors in Freehold, and we can put our knowledge to work for you. If you’re charged with a sex offense in Monmouth County that is now pending at the courthouse in Freehold, we are here to help you.
Our lawyers are available 24/7, and we offer a free consultation about your case. Contact us online or call our Middletown Office or Freehold Office now.
Frequently Asked Questions
Monmouth County Sex Crimes
Can A Monmouth County Sex Crime Be Expunged?
Many sex crimes are eligible for expungement, that is, may be removed from your criminal record provided a waiting period and other conditions are met. The following sex crimes cannot, however, be expunged under any circumstances:
- Luring or Enticing
- Human Trafficking
- Aggravated Sexual Assault
- Aggravated Criminal Sexual Contact
- Criminal Sexual Contact Involving a Child or Parent of the Victim
- Endangering the Welfare of a Child by Engaging in Sexual Conduct
- Selling or Manufacturing Child Pornography; or
- Knowingly Promoting the Prostitution of the Actor’s Child
If you want to give yourself the best opportunity for expunging a record it is always advisable to hire an experienced sex crimes defense lawyer so that you have every chance of reaching an outcome that is eligible for this relief.
What Is The Statute of Limitation for a Sex Crime in Monmouth County?
The limitation period for filing a criminal charge or indictment for a sex crime varies depending on the type of offense. Aggravated sexual assault and sexual assault have no limitation period, meaning that the prosecutor can bring these criminal charges at anytime. Prosecution for endangering the welfare of a child and aggravated criminal sexual contact involving sexual abuse of a child may be commenced within five years of the victim’s attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later. Just about every other form of sex crime may be commenced within five years from the date of the alleged incident.
Is A Rape Charge The Same As Sexual Assault Or Aggravated Sexual Assault?
The term rape won’t be found in the New Jersey Criminal Code but nevertheless is used by many to describe forcible or nonconsensual sexual penetration. Both aggravated sexual assault and sexual assault potentially fit within this broad term if you have been charged with either criminal offense. What you really need to know is that a sex crimes attorney is precisely what you need right now if any form of rape is now confronting you.
Can I Ever Be Removed From Megan’s Law After Being Placed On The Registry?
A sex crimes defense lawyer can file a motion for removal from Megan’s Law provided your underlying conviction is not for aggravated sexual assault and you meet certain conditions. First and foremost, you cannot have any criminal convictions for 15 years, even for a petty theft or shoplifting offense. The second conditions you will need to fulfill is one and only conviction for a sex crime. Third, you will need a report from a psychosexual expert that says you were evaluated and that their opinion is that your risk of re- 0ffending is low. You can be removed and your obligation to register extinguished if these requirements are met.
Is Pretrial Intervention (“PTI”) Available To Resolve A Sex Case In Monmouth County?
In theory, Pretrial Intervention is an available form of relief for any first time offender facing a third degree or fourth degree sex crime. The problem is that while someone may be eligible for PTI, a valid basis for the prosecutor to object is a pattern of anti-social behavior. It takes a savvy sex crimes attorney to overcome this predisposition for prosecutor objection and this the perfect setting for a former prosecutor who served in the same agency – the Monmouth County Prosecutor’s Office.
Why Is It Important To Hire A Sex Crimes Lawyer To Defend Your Monmouth County Case?
There are few areas of criminal law that are as highly contested and proceed to trial than sex cases. This is particularly true where the offense is sexual assault, aggravated sexual assault, second degree endangering the welfare of a child or any form of child pornography. There isn’t any room for a generalist or someone with limited trial experience when dealing with sex crimes since there are so few opportunities for favorable plea bargains and such a high incident probability of a trial. This is the primary reason that hiring an attorney who is highly experienced in sex charges is so important.