NJ Aggravated Sexual Assault Attorney

Our Team of Former County Prosecutors Are Highly Skilled In Defending Aggravated Sexual Assault Charges Throughout New Jersey

A first degree crime for aggravated sexual assault is a serious criminal offense that requires representation by a highly skilled NJ criminal defense lawyer.The most serious sex crime someone can face in New Jersey is aggravated sexual assault, also referred to as “rape”. This offense is a first degree crime that carries the possibility of decades in state prison and dire collateral consequences such as registration as a sex offender under Megan’s Law and Parole Supervision for Life (“PSL”). An individual can be charged with aggravated sexual assault if they engage in sexual penetration without the victim’s consent under one of seven (7) circumstances set forth in N.J.S.A. 2C:14-2(a). Given the nature of the issues confronted in these types of rape cases, as well as the severity of the penalties involved, they tend to be some of the most complex and highly contested charges that a NJ criminal attorney can encounter. It naturally follows that aggravated sexual assault is a criminal charge that not only requires representation by a defense lawyer but also one who is extremely accomplished. The stakes are clearly extreme so there is no room for anything short of someone who is exceptionally skilled.

The attorneys at the Law Offices of Jonathan F. Marshall have the qualifications that you need to ensure the most favorable outcome is achieved in your sexual assault case. Our team can offer you:

  • Over 200 years of combined experience defending complex sex crimes throughout NJ
  • 11 lawyers that practice exclusively in the area of criminal law
  • Former county prosecutors that have served in positions where they gained invaluable insight into the defense of aggravated sexual assault cases such as Director of Major Crimes, Special Operations, Juvenile Unit and even an entire Trial Division
  • Certified criminal trial attorneys

If you are under investigation for aggravated sexual assault, including allegations of molestation of a child, or have already been arrested, you cannot compromise when it comes to your selection of an attorney. You need someone who is unquestionably experienced, possesses a proven track record of success and has tried many sex cases.  Contact us at 877-450-8301 for a free consultation with one of our lawyers anytime 24/7.

Aggravated Sexual Assault Offense in New Jersey

There are seven (7) scenarios that can result in aggravated sexual assault under 2C:14-2a. A prerequisite under each scenario is sexual penetration. The offense has been committed when this act occurs under the following circumstances:

  1. Victim Less Than 13 Years of Age;
  2. Victim Is At Least 13 But Less Than 16 Years of Age and the actor: (i) Is related to the victim by blood; (ii) Had supervisory or disciplinary power over the victim; or (iii) Is a resource family parent, a guardian, or stands in loco parentis within the household;
  3. Committed the penetration during the course of a robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
  4. Committed penetration while armed with a weapon or what appeared to be one and the item was used to threaten the victim;
  5. Used physical force or coercion and was aided or abetted by one or more third parties;
  6. Caused severe person injury to the victim; or 
  7. Committed the penetration to a victim who was physically helpless or incapacitated, intellectually or mentally incapacitated.

Penalties for Aggravated Sexual Assault in New Jersey

Aggravated sexual assault is a first degree crime under 2C:14-2. The standard penalties at sentencing for a first degree crime include 10-20 years in prison, a $200,000 fine, registration under Megan’s Law and Parole Supervision for Law. You should also know that the No Early Release Act (“NERA”) applies and this sentencing provision requires that a defendant serve at least 85% of their sentence before becoming eligible for parole.

Enhanced Consequences If The Victim Is Under 13. The penalties for aggravated sexual assault are enhanced when the victim of an aggravated sexual assault is under thirteen (13) years old. The prison term is increased under the Lunsford Act to 25 years to life.  The prosector is permitted, in the interest of the victim, to make a pre-indictment plea offer of fifteen (15) years.

Victim Participation in Resolution. The law requires that the victim be consulted in any resolution of the aggravated sexual assault charge. While prosecutors continue to enjoy discretion and the authority to negotiate a plea, they are instructed to speak to a victim before consummating a plea. The victim should also be afforded the right to speak at sentencing.

Statute of Limitation. There is no statute of limitations for filing a complaint or indictment for aggravated sexual assault.

Restraining Order. When someone accused of aggravated sexual assault is released from custody, a sexual assault restraining order is typically issued. This order bars any and all contact with the victim.

Aggravated Sexual Assault Defense Lawyers in New Jersey

Allegations of molestation or some other form of aggravated sexual assault are clearly very harsh.  The situation is even more complicated when companion charges like a NJ endangering the welfare of a child offense are involved. There is an absolute requirement that the accused be represented by an experienced attorney. The members of the defense team at the Law Office of Jonathan F. Marshall include talented attorneys with decades handling the toughest sex crimes cases. To discuss the allegations against you or your loved one with an attorney anytime 24/7, call 877-450-8301. We will be happy to deal with issues like a first appearance, detention hearing or others involved in your case. The consultation is free.