New Jersey Sexual Assault Lawyer

Our Former County Prosecutors & Certified Criminal Trial Attorneys Are Ready To Discuss Your NJ Sex Assault Charge

In New Jersey, “sexual assault” is the legal term for the crime of rape. A criminal charge may become aggravated sexual assault in certain circumstances, such as use of a weapon or if the victim is a child. Punishment can include up to 20 years in prison and having to register with the state as a sex offender.

The seriousness of sexual assault charges in New Jersey cannot be overstated. If you face such a charge, the defense attorneys of the Law Offices of Jonathan F. Marshall can provide the aggressive legal representation you need to avoid being punished for the rest of your life. No matter the circumstances of the charges you face, we can help you seek the most positive resolution to the case available under New Jersey law.

Our legal team consists of former New Jersey prosecutors and public defenders with decades of experience throughout the state. We understand what the law requires and how prosecutors conduct a sexual assault case. Our firm also has the resources necessary to develop a solid defense against sexual assault charges.

The Law Offices of Jonathan F. Marshall is recognized for creative defense strategies. Also, because of the time we have spent in New Jersey courts, prosecutors know us well enough to work with us—to find paths to lesser charges or sentences, or for charges to be dismissed when warranted.

If you have been arrested or indicted for sexual assault in New Jersey, speak to an attorney from the Law Offices of Jonathan F. Marshall as soon as possible. We can meet with you at any of our nine New Jersey locations for a free legal consultation. Call or fill out our online form today to schedule a meeting about the legal options for protecting you from the potentially devastating consequences of sexual assault charges. There is no doubt that we possess extremely unique experience and skill in this area of law, including:

  • A team of 12 lawyers whose practices are dedicated exclusively to criminal defense
  • Over 200 years of combined experience defending sexual assault and other sex crimes in New Jersey
  • Former County Prosecutors and Attorney Generals that have served in the highest positions such as Director of Major Crimes, Special Operations, Juvenile Unit and even an entire Trial Division
  • Certified criminal trial attorneys on staff
  • Literally hundreds of jury trials successfully completed

When you are facing a NJ criminal charge as serious as sexual assault, you cannot afford to hire an attorney who lacks trial experience. Indeed, a very high percentage of these cases cannot be resolved through a plea so it is exceptionally important that you hire a lawyer who has actually tried a sex case. Unfortunately, we find that most of the attorneys prevalent on the internet either have zero actual trial experience defending a New Jersey sex assault offense or extremely little. You cannot make the mistake of being duped into retaining someone that lacks this key ingredient. Don’t be fooled into presuming that someone has actually defended someone through trial — ask the important questions in your search — how many sex assault cases have you actually tried to verdict. At our firm, we have seasoned criminal attorneys who have everything needed to help you avoid a conviction. Call us now at 877-450-8301 for a free consultation.

How Does New Jersey Law Define Sexual Assault?

Criminal charges of sexual assault in New Jersey require “an act of sexual penetration with another person,” which may occur under a variety of circumstances to make the act illegal.

The crime is considered sexual assault if:

  • The perpetrator uses physical force or coercion, but the victim is not severely injured.
  • The perpetrator has legal, professional or occupational status that gives them supervisory or disciplinary power over a victim who is on probation or parole, or is detained in a hospital, prison or other institution.
  • The victim is 16 or 17 years old and:
    • The perpetrator is related to the victim by blood or affinity to the third degree (related by marriage, such as a “step” or “in law”).
    • The perpetrator has supervisory or disciplinary power of any nature or in any capacity over the victim.
    • The perpetrator is a resource family parent, a guardian, or stands in loco parentis (“in the place of a parent”) within the household.
    • The victim is at least 13 years old but not yet 16, and the perpetrator is at least four years older than the victim.

An act of sexual penetration with another person is aggravated sexual assault if:

  • The victim is younger than 13 years old.
  • The victim is at least 13 years old but younger than 16 years old and:
    • The perpetrator is related to the victim by blood or affinity to the third degree (related by marriage, such as a “step” or “in law”).
    • The perpetrator has supervisory or disciplinary power of any nature or in any capacity over the victim.
    • The perpetrator is a resource family parent, a guardian, or stands in loco parentis (“in the place of a parent”) within the household.
  • The act is committed during the commission or attempted commission of robbery, kidnapping, homicide, aggravated assault on someone else, burglary, arson or criminal escape.
  • The perpetrator has a weapon or anything used so the victim will reasonably believe it is a weapon, and threatens by word or gesture to use the weapon or object.
  • The perpetrator is aided or abetted by one or more other persons and uses physical force or coercion.
  • The perpetrator uses physical force or coercion and severely injures the victim.
  • The perpetrator knew or should have known the victim was physically helpless or incapacitated, intellectually or mentally incapacitated, or had a mental illness, injury or disability that made them incapable of understanding the nature of the act, including, but not limited to, being incapable of providing consent.

What Are The Penalties for Sexual Assault In New Jersey

Sexual assault is a second-degree offense in New Jersey, punishable by 5 to 10 years in prison and a fine of up to $150,000.

Aggravated sexual assault is a first-degree offense in New Jersey, punishable by 10 to 20 years in prison and a fine of up to $200,000.

In addition, a person convicted of sexual assault or aggravated sexual assault is required to register under Megan’s Law. This requires the offender to report to local police and may include notifying schools or other organizations near their home and place of business of their status. Names of high-risk offenders on the N.J. sex offender registry are made available to the public on the internet.

Another collateral effect of a sex assault conviction is community supervision for life. What this essentially means is that you will be subject to supervision by parole office unless and until you secure removal. The minimum period that must be served on supervision before a motion to removed from Megan’s Law and CSL may be filed is fifteen (15) years.

Given the severity of penalties for sex assault in NJ, it is imperative that you remain silent and not speak to police or prosecutors if you are arrested or indicted for second degree sexual assault in New Jersey.

The sooner you engage the Law Offices of Jonathan F. Marshall for representation in a sexual assault case, the faster one of our attorneys can step in to protect your rights and begin to develop a defense for you.

How Our N.J. Sexual Assault Attorneys Defend This Charge

The nonconsensual sexual penetration of another person, or rape, is rightly seen as a serious criminal offense that is severely punished in New Jersey. Regardless, anyone charged with sexual assault or aggravated sexual assault has the constitutional right to a robust legal defense. Without a guilty plea, prosecutors must prove their charges beyond a reasonable doubt.

The Law Offices of Jonathan F. Marshall defend individuals charged with sexual assault in New Jersey and other sex crimes such as aggravated sexual assault and endangering the welfare of a child. If you have been charged with this variety of criminal offense, our attorneys can ensure the courts uphold your rights as we fight to rebut the charges against you.

First, if you are being held, we will obtain your release from custody. Then we will meet with you to go over the charges and learn from you what led to your arrest or indictment. We will also investigate further to determine the evidence and strength of the state’s case against you.

Our investigation may reveal evidence that supports motions to dismiss or reduce charges, or creates a legal defense, such as:

  • Police misconduct, like an illegal arrest or search and seizure, or failure to advise of your Miranda rights against self-incrimination
  • An alibi, such as your ability to establish that you were somewhere else when the incident in question allegedly occurred
  • Mistaken identity, such as faulty suspect lineups
  • Unreliable or faulty witness testimony
  • Racial, ethnic, socio-economic, gender, age, sexual orientation or other bias on the part of authorities or witnesses
  • Faulty forensic testing or “chain of custody” issues with handling of evidence, such as rape kit DNA evidence

Eventually we will be allowed to examine and question statements by the prosecution’s witnesses, including the alleged victim.

Sexual assault charges typically stem from intimate acts involving only two people who know what really happened. The question of consent is often at the center of a sexual assault charge.

In some cases, the defendant admits to the sex act alleged, but claims the accuser consented. Sometimes the alleged victim of a sexual assault changes their story as the potential consequences of his or her allegations become more apparent.

Because a sexual assault case in NJ often comes down to whose version of events is more credible, there may be an opportunity to negotiate downgraded charges. When the prosecution’s case does not hold up under our scrutiny, we may be able to get charges dismissed. If it is necessary to go to court, we will do so prepared to closely challenge the prosecution’s case and vigorously defend you.

But such a defense requires a seasoned New Jersey defense attorney on your side who understands what our state’s sexual assault laws require, and who has the professional relationships with prosecutors that can make a deal happen.

Being arrested or indicted for sexual assault in New Jersey is only the start of a lengthy and complex criminal process. It need not end in a finding of guilt or a lengthy prison sentence. You have reason to be optimistic when the experienced New Jersey attorneys from the Law Offices of Jonathan F. Marshall are defending you.

Contact Our New Jersey Sex Assault Defense Lawyers Today

If you have been arrested or face indictment for sexual assault in New Jersey, contact the Law Offices of Jonathan F. Marshall as soon as you can. Our New Jersey Sex crimes defense attorneys have the knowledge, experience and reputation in New Jersey’s legal community needed to protect you from the severe punishment and lasting harm of a guilty verdict.

Don’t face the harsh consequences of a guilty verdict or plea to New Jersey sex assault charges without the solid legal defense we can provide. Contact the Law Offices of Jonathan F. Marshall at any of our twelve New Jersey locations now for a free initial consultation about legal options for protecting you.