Contact Our Jersey City Criminal Lawyers & Former Prosecutors If You Have Been Charged With Aggravated Sexual Assault in Hudson County
The most extreme sex offense our defense lawyers handle in Hudson County is first degree aggravated sexual assault. This offense is often referred to as “rape” and is a first degree felony that carries the possibility of a life sentence. This type of criminal charge obviously is not for the inexperienced and requires representation from a lawyer who is accomplished in defending sexual assault cases at the Superior Court in Jersey City New Jersey. The attorneys at our Jersey City firm, the Law Office of Jonathan F. Marshall, have decades of experience representing clients arrested and charged in Hoboken, Weehawken, West New York, Union City, North Bergen and other local towns for aggravated sexual assault. In fact, the collective years in practice of those on our defense team exceeds 150 years and includes time serving as county prosecutors in positions such as Director of Major Crimes, Special Operations, the Trial Division and the Gangs, Guns & Drugs Task Force. We utilize all of our knowledge, skill and resources to secure the very best outcome for clients arrested for this offense. In many cases this requires utilizing our considerable experience to secure an acquittal at trial. To speak to an attorney about the aggravated sexual assault charge you or your loved one is facing in Jersey City, call 201-309-0500 for a free consultation.
Aggravated Sexual Assault Offense in Jersey City, New Jersey
Aggravated sexual assault is governed by N.J.S.A. 2C:14-2a in New Jersey. The discuss that follows begins with a copy of NJ aggravated sexual assault law and then moves on to some of the more common questions that individuals charged with this offense present to our criminal defense attorneys.
Aggravated Sexual Assault: N.J.S.A. 2C:14-2a
a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(1) The victim is less than 13 years old;
(2) The victim is at least 13 but less than 16 years old; and
(a) The actor is related to the victim by blood or affinity to the third degree, or
(b) The actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status, or
(c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
(3) The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
(4) The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;
(5) The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;
(6) The actor uses physical force or coercion and severe personal injury is sustained by the victim;
(7) The victim is one whom the actor knew or should have known was physically helpless or incapacitated, intellectually or mentally incapacitated, or had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent.
What Does Sexual Penetration Mean For Purposes of Aggravated Sexual Assault?
The term sexual penetration is defined at N.J.S.A. 2C:14-1c and includes not only vaginal intercourse, cunnilingus and fellatio but also insertion of the tongue, finger or other objects in the vagina or annus.
Does The Accused Have To Know That The Victim Is Under 13 Years Old In Order To Commit Aggravated Sexual Assault?
No. While the accused must knowing commit the act of sexual penetration, it is not necessary that he/she be aware that the victim is under 13. In this regard, N.J.S.A. 2C:14-5c provides that a reasonable belief that the victim was 13 or above is not a defense to an aggravated sexual assault offense.
What Is Required For Someone To Be Considered A Supervisor or a Disciplinarian In Order For Aggravated Sexual Assault To Apply?
Someone is a supervisory or someone in a disciplinary position when they have power over the victim. In determining whether such a relationship exists, a jury is to consider the equality or inequality of the parties in terms of power. Consideration is to be given to the age and maturity of the parties, as well as whether the accused provided guidance and counsel to the victim.
When Is Someone Armed Such That 2C:14-2a(4) Applies?
An individual is armed with a weapon if they possess anything readily capable of lethal use or of inflicting serious bodily injury. If the accused possesses such an item and threatens by words or gestures to use it to hurt the victim, the requirements of this section of the aggravated sexual assault law have been satisfied.
What Constitutes Physical Force Or Coercion In Order Under 2C:14-2a(6)?
This provision is violated when sexual penetration is accomplished without voluntary consent and affirmative permission of the victim. Instead, the defendant engaged in conduct to physically compel or emotional coerce the penetration.
How Is Physical Or Mention Incapacity Determined When Someone Is Charged With Aggravated Sexual Assault In Violation of 2C:14-2a(7)?
Physically helpless means that the victim was unconscious or physically unable to flee or to communicate unwillingness to act. This condition often arises in the context of a victim who is under the influence of alcohol or drugs which render them unable to provide consent. Mental incapacity means that victim suffers from a mental disease or defect which renders him/her temporarily or permanently incapable of understanding the nature of sexual act including, but not limited to, incapable of forming consent.
Is their jail time if convicted of aggravated sexual assault in NJ?
As mentioned above, aggravated sexual assault is considered a crime of the first degree in New Jersey. If you are convicted of a first degree felony, a prison sentence of ten (10) to twenty (20) years applies. Aggravated sexual assault is subject to the No Early Release Act (N.E.R.A.), which requires a defendant to serve at least 85% of their sentence before they are eligible for parole. There is also a fine of up to $200,000 that applies at the time of sentencing before a Hudson County Superior Court Judge. The requirements of Megan’s Law, as well as Parole/Community Supervision for Life, are also triggered upon conviction for aggravated sexual assault.
You should also know that special sentencing and plea restrictions apply when the victim of a sexual assault is under the age of 13. The defendant must be sentenced to a mandatory minimum prison term of twenty-five (25) years. The state is permitted to offer a prison term of fifty (15) years in resolution of such a case.
Jersey City, NJ Aggravated Sexual Assault Defense Attorneys
It should be extremely apparent to you that allegations of an aggravated sexual assault must be taken seriously by retaining an attorney who is highly experienced in handling sex cases at the county courthouse in Jersey City. The Law Office of Jonathan F. Marshall is comprised of ten (10) savvy criminal defense lawyers who have been practicing throughout the state, including Hudson County, for decades. If you have been charged with a sex offense, including endangering the welfare of a child, our attorneys who the qualifications to help you avoid prison and reach the best result in your sexual assault case. For a free consultation with a lawyer on our staff, contact our Jersey City Office at (201) 309-0500.
