Our Former County Prosecutors & Certified Criminal Trial Attorneys Are Ready To Discuss Your NJ Sexual Assault Offense
The lengthy explanation of the Sexual Assault legislation can be found under N.J.S.A. 2C:14-2. The statute itself is rather long-winded and comprehensive, as what constitutes Sexual Assault can apply to a variety of things. Regardless of the circumstances of your offense, Sexual Assault is a serious criminal offense that carries life-altering penalties. It is so serious that it is treated as a second degree requiring registration as a sex offender upon conviction under the provisions of Megan’s Law. Where the victim sustains severe physical injury from physical force by the defendant, the charges will be elevated to a crime of the first degree. You will be facing an indictable criminal offense (felony) and will have to appear before a Superior Court Judge at the Atlantic County Superior Courthouse located at 4997 Unami Blvd. Mays Landing, NJ 08330. If you are facing Sexual Assault charges in Atlantic County, then you likely require the assistance of an experience Atlantic County Criminal Defense Lawyer. The Law Offices of Jonathan F. Marshall is a Criminal Defense Firm comprised of former New Jersey Prosecutors and criminal attorneys experienced representing clients charged with Lewdness or Sexual Assault. Our Atlantic County Office is conveniently located to help you handle your Atlantic County charges and our firm can be reached 24/7 at (877)450-8301. Reach out to one of our representatives today and speak with an experienced Atlantic County Criminal Defense Attorney.
Second Degree Sexual Assault Charges Atlantic City NJ
Whether charged with Second Degree Sexual Assault in Atlantic City or Somers Point, the charges and possible penalties will remain the same. There are certain enumerated circumstances under which Sexual Assault will be charged. The first of these scenarios, which is different from the other three, is when a person commits an act of sexual contact with a victim who is less than thirteen (13) years old and the actor is at least four (4) years older than the victim. What is Sexual Contact? Sexual contact is defined an intentional touching, either directly or through clothing, of the victim’s or actor’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor.
There is another another set of circumstances that give rise to Sexual Assault charges, though there must be actual physical penetration. Specifically, there are three scenarios, when present with penetration, that give rise to Sexual Assault:
1. The defendant uses physical force or coercion, but the victim doesn’t sustain serious injury.
2. The victim is between sixteen (16) and eighteen (18); and
a) the actor is related to the victim; or
b) the actor has supervisory power in any significant capacity over the victim; or
c) the actor is a foster parent, guardian, or acts as parent in the household.
3. The victim is at least thirteen (13) but less than sixteen (16), and the actor is at least four years older than the victim.
As mentioned above, these types of charges can arise from a consensual act. Under N.J.S.A. 2C:14-2, persons under the age of seventeen (17) are not capable of providing consent to sexual conduct. It is common for individuals to mistakenly enter into a consensual sexual act with someone who, unbeknownst to the individual, was not of age to properly consent.
As stated above, this is a crime of the second degree, second degree crimes carry with them a period of incarceration of between five (5) and ten (10) years and the possibility of fines of up to $150,000. In addition to these penalties, under Megan’s Law, a person if convicted would also be subject to registration as a sex offender upon release from prison. However, where the victim sustain severe physical injury due to the defendant’s physical force, the charges will be enhanced to a first degree offense. First Degree Sexual Assault carries up to twenty (20) years in prison, along with Megan’s Law registration. Both First Degree and Second Degree Sexual Assault are subject to NERA (No Early Release Act) implications, which would require that you serve 85% of your sentence before becoming parole eligible.
Lawyer for Rape Charges in Hamilton NJ
Sexual Assault charges are considered some of the most serious charges in New Jersey. Most criminal trial attorneys find it difficult to put forth a strong defensive strategy in these cases, especially when the victim is young or vulnerable. To properly mount a defense against your Sexual Assault charges, you will require the assistance and resources of a New Jersey Criminal Defense Firm. The Law Offices of Jonathan F. Marshall offers just that. With nearly 100 years of cumulative legal experience, our team of Atlantic County Defense Attorneys are equipped to represent you on your criminal charges.