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 so you need a highly skilled criminal defense attorney if you want to avoid these stiff penalties. There is no room for inexperienced when it comes to the lawyer defending a Monmouth County aggravated sexual assault charge. The stakes are extraordinarily high, cases complex, and there is often need for significant finesse in order to achieve optimum results when child sexual abuse or another form of this offense is involved.
The attorneys at our law firm, Marshall Criminal Defense, possess the highest level of experience you will find with qualifications that are truly unique. We will provide you with
- Over 200 years of combined experience handling aggravated sexual assault cases
- 15 attorneys that limit their practices exclusively to criminal defense
- Former Monmouth County Prosecutors who have served at the highest levels such as Director of Major Crimes, Special Operations, Domestic Violence, Juvenile and even the entire Trial Division
- 2 Former Directors of Sex Crimes Units in Prosecutor’s Offices in New Jersey
- Certified criminal trial attorneys, a designation held by less than 2% of the licensed lawyers in the state
- A long history of defending and even trying aggravated sexual assault offenses to verdict as manifested by our work experience and attaining the status of a Certified Criminal Trial Attorney
We represent individuals arrested and charged with aggravated sexual assault throughout Monmouth County and are ready to put our resources to work for you or your loved one. Whether you are under investigation, have already been charged, and are awaiting presentation of your case to a grand jury, we are here to help you. To discuss your criminal charge with an accomplished Monmouth County aggravated sexual assault attorney, contact our office in Freehold Office at 732-462-1197 or Middletown Office at 732-615-0039.
Monmouth County Aggravated Sexual Assault Offense – 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 under N.J.S.A. 2C:14-2a if a person commits an act of sexual penetration under any of the following circumstances:
- The victim is less than 13 years old;
- 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);
- The act was 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.
Sexual penetration is a fundamental element of both an aggravated sexual assault charge and a Monmouth County sexual assault offense. 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 or sexual assault charges although it is actionable on another basis, for example, endangering the welfare of a child or aggravated criminal sexual contact.
Physical or 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 & Collateral Consequences For Aggravated Sexual Assault
Aggravated sexual assault is a crime of the First Degree. This is the highest and most severe level of offense under New Jersey criminal law. The term of imprisonment for someone convicted for aggravated sexual assault is 10-20 years in prison. The maximum fine is $200,000. You should also know that a conviction under 2C:14-2 falls under the No Early Release Act (“NERA”), subjecting an individual to a mandatory term of parole ineligibility equal to 85% of his or her sentence.
You should also know that the Lundsford Act comes into play where the victim of an aggravated sexual assault is a child who is under the age of thirteen (13). The New Jersey State Prison sentence escalates significantly when this is the case and exposes a defendant to twenty-five (25) years to life of incarceration.
Megan’s Law
If you are convicted under N.J.S.A. 2C:14-2, the sentencing judge in Freehold is required impose mandatory sex offender registration under Megans 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.
Parole Supervision for Life (“PSL”)
An individual is also subject to Parole Supervision for Life, commonly referred to as PSL, if they are convicted in Freehold or anywhere else in New Jersey for aggravated sexual assault. This means that you will fall under the supervision of sex offender parole unit for the rest of your life upon release from NJ State Prison or completion of probation. You cannot be removed from PSL at any time if you are convicted of this sex crime.
Evaluation at the Adult Diagnostic & Treatment Center. Any defendant convicted of a Monmouth County aggravated sexual assault offense is required to undergo an evaluation at the Adult Diagnostic & Treatment Center, commonly referred to as “Avenel”. The intended purpose of this examination to determine whether the accused is repetitive and compulsive in terms of sexual dysfunction. The state will seek to commit the defendant to this therapeutic facility in the event they are found to be prone to predator behavior.
Sex Offender Restraining Order. A defendant will automatically be exposed to the possibility of a restraining order after being arrested for aggravated sexual assault. It is important to keep in mind that this is civil relief and does not represent a finding of guilt. It is akin to a domestic violence restraining order precludes the accused from any contact with the alleged victim, including presence at their residence or place of employment.
Statute of Limitations. There is no statute of limitations under NJ law for filing a criminal complaint or indicting someone for aggravated sexual assault.
Expungement. N.J.S.A. 2C:52-2 precludes expungement of a conviction for aggravated sexual assault. If you are convicted of this form of Monmouth County sex crimes case, it will remain on your record permanently.
Pre-trial Release & Detention
When someone is arrested for aggravated sexual assault, they are quickly taken to the Monmouth County Correctional Institution (a.k.a. Monmouth County Jail) and the process for determining pretrial release begins. Prosecutors almost always file a motion to detain, meaning an application to hold the accused until his/her trial. Since there aren’t any classical bail scenarios in New Jersey anymore, a Superior Court judge must decide whether to release the defendant on conditions or remand him/her until conclusion of the case. While there is a presumption under the law favoring release of an individual prior to their trial, this presumption is lost if they are charged with aggravated sexual assault of a victim under 13 years old. You will certainly need the very best Monmouth County aggravated sexual assault defense lawyer you can find when this is the case since you or your loved one will have to overcome this presumption in order to secure pretrial release.
Monmouth County 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 Monmouth County Courthouse in Freehold. It clearly requires the expertise of a criminal attorney who has not only handled complex sex crime cases but also knows the court system intimately.
Our Monmouth county aggravated sexual assault attorneys are former prosecutors from the same agency that is now spearheading the case against you and one would certainly expect that type of experience will help you in navigate the litigation as favorable as possible. It also helps that our team includes lawyers who have handled countless aggravated sexual assault cases, including jury trials in this setting. We are ready to defend you against the sex charge that is pending in Monmouth County. 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 Middletown Office at 721-615-0039 or Freehold Office at (732) 462-1197.
