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Were you recently convicted of a sexual crime? Understanding Megan’s Law tiers in New Jersey and how they apply to you can help shape your outlook on the future. This New Jersey sex crime law classifies sex offenders based on the likelihood that they will reoffend.
Megan’s Law divides convicted sex offenders into three classifications.
Tier 1 indicates a low risk of reoffending. Law enforcement agencies will be the only ones who know of your sex offender status, and you may not need to register on the state’s sex offender registry.
Tier 2 suggests that you present a moderate risk of committing future sex crimes. Local law enforcement and facilities that care for children, such as daycares, schools, and children’s camps, will receive notice of your sex offender status. You may need to register on the sex offender registry as well.
A Tier 3 classification indicates that the court considers you to be at a high risk of committing another sex crime. Law enforcement will have a record of your crimes and classification. Additionally, a community notification will be provided to facilities that care for children, and you will need to register on the sex offender registry.
If you are required to register under Megan’s Law after a conviction of a sexual crime, you will receive a Notice of Proposed Tier Classification. This informs you of the state’s suggested classification for you, along with the reasoning behind it.
The Registrant Risk Assessment Scale (RRAS) measures a convicted sex offender’s risk of re-offense, indicating their classification under the Megan’s Law tiers in New Jersey. It examines a wide range of factors, such as the person’s:
Case Study
A recent case in Somerset County, Somerville, New Jersey, venue in the Superior Court proved that point. A man was accused of sexual assault, violation of NJSA 2C: 14-2. The allegation was that while a woman was drunk, he took advantage of her and committed the act of sexual assault. He was in prison for five to 10 years, under Megan’s Law.
If you disagree with your classification, you typically have 14 days to challenge it in court. Your notice will include instructions on how to proceed. This usually involves providing evidence to counter the court’s reasons for your classification and attending a hearing where you present this evidence.
Hiring a criminal defense attorney to assist you in this process is wise. They can help you compile evidence and appeal your Megan’s Law tier classification on your behalf at the hearing.
If you need help understanding Megan’s Law tiers in New Jersey or challenging a wrongful classification, Aiello, Harris, Abate Law Group PC is here for you.
Our firm has former prosecutors, including Joseph Del Russo, who was a past member of the Protection Subcommittee of the New Jersey Governor’s Task Force on Child Abuse and Neglect. He was also invited to participate in the Attorney General’s working group, where he helped draft the Sex Offender Risk Assessment scale used in Megan’s Law cases.
The initial tier hearing involves a prosecutor using the RRAS to assess and propose your classification.
A registrant’s tier level affects the number of parties who will know about their sex offender status. This can significantly impact their employment and housing opportunities for the rest of their life.
A scope of community notice details the parties that will be notified of your sex offender status, such as local law enforcement, schools, or daycares.
A Tier 1 sexual offender is a convicted offender with a low risk of reoffending.
A Tier 2 sexual offender has a moderate risk of reoffending.
A Tier 3 sexual offender has a high or severe risk of reoffending.
Sex offenders in Tiers 2 and 3 generally need to register, whereas the requirements for Tier 1 are more flexible. The court will inform you if you need to register and how to do so.
The court determines tiers under Megan’s Law using the Registrant Risk Assessment Scale, a tool that measures a person’s risk of reoffending.
Judges have some discretion in sentencing sexual offenders, but the Criminal Code and the mandatory minimums for certain crimes bind them.
You may have the opportunity to challenge Megan’s Law tiers in New Jersey within 14 days of receiving notice.
We are prepared to leverage our legal expertise and knowledge of sex offender laws to support your case.
The attorneys at Aiello, Harris, Abate, Law Group PC have the experience and knowledge to protect your rights and defend you against sex crime charges in New Jersey.
Call us today at (908) 873-3571 or use our contact form. Your initial consultation will be conducted over the phone, and you can schedule an appointment at one of our office locations throughout New Jersey.
The Aiello Harris Abate Law Group is made of a group of professionals that are here to help you through all challenges.
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