In New Jersey, the crime of sexual assault, or rape, requires an act of sexual penetration with another person, under circumstances to make the act illegal, such as acting without the victim’s permission or with the use of physical force or coercion. It is also sexual assault if the victim is less than 13 years old and the actor is at least four years older.
Upon conviction for sexual assault in New Jersey, punishment can include 5 to 10 years in prison, fines of up to $150,000, and having to register as a sex offender. If the specific circumstances increase the charge to aggravated sexual assault, it is punishable by 10 to 20 years in prison and a fine of up to $200,000, as well as registration as a sex offender.
The seriousness of sexual assault charges in New Jersey cannot be overstated. If you face sexual assault charges in New Jersey, the experienced criminal defense attorneys at the Law Offices of Jonathan F. Marshall can provide the aggressive legal representation you need to defend your rights and liberty.
Being arrested on criminal charges or indicted for sexual assault in New Jersey is the start of a lengthy legal process in the N.J. criminal justice system. You need the guidance of an experienced criminal defense lawyer to have the best chance of achieving a favorable resolution of a criminal case and avoiding a criminal record. It is highly unlikely that sexual assault charges will simply be dropped.
Understanding the Role of a Victim in Sexual Assault Cases
When local prosecutors in New Jersey pursue sexual assault cases, they do so based on state-written protocols that prioritize the needs and concerns of the sexual assault victim. While policies and procedures give precedence to the well-being of the victim, prosecutors will seek to convict individuals facing sexual assault charges.
As in all criminal cases, when a prosecutor brings charges against a criminal defendant, he or she does so in the name of the people. The state establishes that certain acts, such as sexual assault, are considered violent crimes. On behalf of its people, the state of New Jersey seeks to punish those who break the law.
The victim of a crime is a key witness, but their wishes concerning the outcome of the case are just one factor considered by the prosecution. Even when an alleged victim of sexual assault wants to drop charges, the prosecutor has a legal obligation to proceed if the prosecutor believes that he or she can secure a conviction.
Can I Get Sexual Assault Charges Dropped in New Jersey?
In most sexual assault cases, it is the defense rather than the prosecution that seeks to get charges dismissed. Without a guilty plea, prosecutors must prove their charges beyond a reasonable doubt. If an experienced criminal defense attorney can raise sufficient doubts in the prosecutor’s mind prior to trial, the defense attorney may persuade the prosecution to drop criminal charges.
But getting a sexual assault charge dropped is not easy. The violent nature of sexual assault and the societal pressure following the survivor-led “#MeToo” movement against sexual violence give prosecutors added incentive to press charges in sexual assault cases.
Even when the alleged sexual assault victim expresses reluctance, the prosecution has the final decision about proceeding with the case. If the alleged victim recants or says the sexual act was consensual, the prosecutor may have other evidence – such as bruising or torn clothing – that supports an assault charge.
Successfully negotiating with a prosecutor to drop charges requires the assistance of a seasoned New Jersey sexual assault defense attorney who understands New Jersey sexual assault laws and the nature of evidence when it’s presented in court. To have the best chance to get sexual assault charges dismissed or reduced, an experienced criminal defense attorney must have established professional relationships with local prosecutors.
Reasons Why Charges May Be Dropped
When the prosecution’s case does not have enough evidence to hold up under scrutiny, a criminal defense lawyer at The Law Offices of Jonathan F. Marshall may seek to have the charges dismissed.
A criminal defense attorney may press for dismissal in cases of:
- Insufficient evidence for conviction.
- A victim recanting or refusing to cooperate.
- Concerns about the victim’s credibility or a witness’s reliability.
- Procedural errors by the police or prosecution.
- Faulty forensic testing or chain of custody issues with the handling of evidence, such as “rape kit” DNA evidence.
If you have been accused of an alleged crime, it’s important to seek legal representation as soon as possible to protect your legal rights. A New Jersey defense attorney can investigate the allegations and determine the strength of the state’s case against you. Eventually, your criminal defense lawyer will be allowed to examine and question statements by prosecution witnesses, including the alleged victim.
If your attorney cannot convince the prosecutor to drop the charges, there may be an opportunity to negotiate reduced charges and a plea bargain. If it is necessary to go to court, we will do so prepared to closely challenge the prosecution’s case and vigorously defend you.
What to Do If You’re Facing NJ Sexual Assault Charges?
If you are charged with sexual assault in New Jersey, you need the guidance of an experienced criminal defense attorney as quickly as possible. Do not contact the alleged victim. Upon your arrest, tell the police you want to cooperate with them but must speak with your criminal defense attorney before answering any questions.
Exercise your right to remain silent and phone the Law Offices of Jonathan F. Marshall as soon as you are allowed to. If you are being held in jail, we will seek to obtain your release from custody. Then we will advocate on your behalf to ensure that your rights are upheld.
Contact Our New Jersey Sex Assault Defense Lawyers Today
If you have been arrested or face indictment for sexual assault in New Jersey, you need qualified legal representation immediately. The Law Offices of Jonathan F. Marshall employs a team of 15 lawyers whose practices are dedicated exclusively to criminal defense. We offer the knowledge and professional experience in New Jersey’s legal community necessary to protect you from the severe punishment and lasting harm of a sexual assault conviction.
Phone 877-322-2865 now or fill out our online contact form to schedule a free initial consultation about the legal options for protecting you.
Read our next article about what is sexual battery in New Jersey.
