New Jersey Aggravated Sexual Assault Lawyers

Degrees of Sexual Assault 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 sexual 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

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.

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.