NJ Aggravated Sexual Assault Lawyers

Facing charges of aggravated sexual assault in New Jersey puts you at risk for serving decades in prison and ending up on the state’s list of registered sex offenders. As experienced NJ aggravated sexual assault lawyers, the attorneys at Aiello, Harris, Abate Law Group PC understand the magnitude of these charges and fight to clear the name of the accused.

We represent those charged with this felony without judgment and gather comprehensive evidence to bolster a defense strategy. We help our clients understand the legal implications of this sex crime and provide dedicated representation.

What Is Aggravated Sexual Assault in New Jersey?

As outlined in N.J.S.A. 2C:14-2, New Jersey’s Criminal Code categorizes aggravated sexual assault as a felony offense in the first degree. Law enforcement officials may charge someone with this crime when sexual penetration occurs in the following circumstances:

The victim is under 13 years old.
The victim is at least 13 years old but under 16, and the accused is either a blood relative or legal guardian or holds disciplinary power over the victim.
The assault takes place during another criminal act, such as a robbery, kidnapping, homicide, arson, or burglary.
The accused uses physical force with the aid of one or more accomplices.
The accused commits the act while armed with (or threatening use of) a weapon.
The act causes severe physical injury to the victim.
The alleged perpetrator assaults a victim who is incapacitated physically, mentally, or intellectually.

Degrees of Sexual Assault in New Jersey Under N.J.S.A. 2C:14-2

First-Degree Aggravated Sexual Assault in NJ

This is the most serious form of sexual assault. Circumstances elevating sexual assault to aggravated sexual assault include:

The victim is under 13 years old.
The actor uses force or coercion causing severe personal injury.
The actor commits the act during the commission of another serious crime.
The actor is in a position of authority over the victim.

Penalties: A conviction carries 10 to 20 years in prison, with a presumption of a minimum term without parole, fines up to $200,000, and mandatory registration as a sex offender.

Second-Degree Sexual Assault in NJ

This crime typically involves sexual penetration where aggravating factors are absent but the victim is legally unable to consent, such as due to incapacitation or being under 16 with the actor in a supervisory role.

Penalties: Conviction results in 5 to 10 years in prison and similar fines and registration requirements as first-degree offenses.

Third-Degree Aggravated Criminal Sexual Contact in NJ

This involves sexual contact without penetration under circumstances that would otherwise qualify as aggravated sexual assault if penetration occurred.

Penalties: Punishable by 3 to 5 years in prison, fines up to $15,000, and sex offender registration.

What Is the Requirement for Sexual Penetration Under New Jersey law?

New Jersey law states that any type of sexual penetration without consent qualifies as an act of assault. This includes vaginal, oral, or anal penetration in a coercive manner. NJ aggravated sexual assault lawyers explore a case’s evidence to build a defense for their accused clients.

New Jersey Aggravated Sexual Assault Charges

Law enforcement officers may charge someone with aggravated sexual assault in the first degree if the evidence meets any of the seven criteria mentioned above. A charge of sexual assault in the second degree may follow an act of penetration with force without causing injury. This offense also pertains to actors who are at least four years older than victims under the age of 16.

Aggravated criminal sexual assault in the third degree refers to scenarios involving victims who are at least 13 and under the age of 16. Like a first-degree charge, the actor either is a blood relative or guardian, uses force and injures the victim, wields a weapon, or acts on an incapacitated victim.

Understanding Consent in New Jersey

For a rape accusation to hold up in a new Jersey court of law, consent must be absent. Victims who willingly agree to engage in sexual activity, either through their actions or verbally, offer their consent. NJ aggravated sexual assault lawyers take into account consent laws, which state:

Someone under the age of 13 cannot consent to those at least four years older.
Someone under the age of 18 cannot give consent to a parent, guardian, or other supervisory figure.
Those with significant physical or mental impairments cannot give valid consent.

Understanding the Burden of Proof and Statute of Limitations in New Jersey

Some cases require victims to take legal action within a certain time limit. New Jersey lists no statute of limitations for aggravated sexual assault cases, meaning that someone can face criminal charges any time after committing the act.

The prosecution bears the burden of proving all elements of the crime beyond a reasonable doubt, including:

The occurrence of sexual penetration.
The presence of aggravating circumstances.
The absence of consent.

Penalties for Aggravated Sexual Assault in New Jersey

Those convicted of aggravated sexual assault can face steep consequences, including:

10 to 20 years in prison, with enhanced consequences if the victim is under 13
Ineligibility for parole until completing 85% of their sentence
Parole supervision for life (PSL)
Placement on the state’s sex offender registry per Megan’s Law registration

In addition to imprisonment and fines, penalties include:

Lifetime registration as a sex offender under Megan’s Law.
Community supervision for life.
Mandatory counseling and reporting.

Enhanced Penalties for Victims Under 13

For victims under 13, enhanced penalties include:

Mandatory minimum sentences without parole.
Increased scrutiny under Megan’s Law.
Restrictions on post-release movement and employment.

Victim Participation in Resolution

Victims may participate in resolution processes, including:

Providing input during sentencing.
Pursuing civil actions for damages.
Seeking restraining orders to ensure safety.

Restraining Orders

Victims can seek protective orders to prevent contact with the perpetrator. Violating these orders can result in additional criminal charges.

Sex Offender Registry

Under Megan’s Law, convicted offenders must:

Register as sex offenders.
Update information periodically.
Face restrictions on residency and employment.

Explore Defenses to an New Jersey Aggravated Sexual Assault Offense

Experienced NJ aggravated sexual assault lawyers know how to develop strong sex offender defense strategies. If you’re facing sex crime charges, contact Aiello, Harris, Abate Law Group PC at (908) 561-5577 to discuss your case with our knowledgeable legal team.

Defenses to Aggravated Sexual Assault

Potential defenses include:

Mistaken Identity: Proving the defendant was not the perpetrator.
Consent: Demonstrating mutual agreement, where applicable.
Insufficient Evidence: Challenging the prosecution’s ability to prove all elements beyond a reasonable doubt.
Alibi: Providing evidence that the defendant was elsewhere at the time of the crime

NJ Aggravated Sexual Assault FAQ

Learn more about the legal process for aggravated sexual assault cases below.

Can You Receive Probation for Aggravated Sexual Assault in NJ?

Yes, if you have no previous criminal history, you may receive a probationary sentence instead of prison time.

What Is the Difference Between Sexual Assault and Aggravated Sexual Assault in New Jersey?

Aggravated sexual assault involves the threat or use of serious violence against a victim.

How Much Prison Time Do You Face for Aggravated Sexual Assault in New Jersey?

An aggravated sexual assault conviction can lead to a prison term between 10 and 20 years without early parole under the No Early Release Act (NERA).

How Do I Fight Sexual Assault Charges in New Jersey?

Professional NJ aggravated sexual assault lawyers can help you fight sexual assault charges by gathering evidence and representing you in court.

Contact our NJ aggravated sexual assault attorneys today

Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.