Somerset County Aggravated Sexual Assault Defense Lawyer

Contact Our Somerville Defense Firm To Speak To One Of Our Former County Prosecutors & Certified Criminal Trial Attorneys

The most serious sex offense an individual can face is aggravated sexual assault. This offense is triggered when a sexual assault is committed under aggravated circumstances. If you were arrested or have been accused of this violation, you absolutely must hire a highly equipped criminal attorney. This is a first degree crime, the worst grade of offense an individual can face under New Jersey Law, and results in grave penalties in the event of conviction at the Somerset County Superior Court or Hunterdon County Superior Court. You will be incarcerated for a long time and will have to register as a sex offender for the rest of your life upon release. The stakes rarely get more serious than those involved in an aggravated sexual assault case. Our Bridgewater NJ Criminal Defense Firm is, however, adept in defending sex crimes. We are former prosecutors who make up one of the largest and most experienced defense teams in the state with well over 100 years in practice between us. To speak to an aggravated assault defense attorney on our staff, call 908-722-1011. Lawyers are available 24/7 to provide free initial consultations.

Somerset County Aggravated Sexual Assault Offense

Aggravated sexual assault is set forth at N.J.S.A. 2C:14-2. An individual can found guilty of this first degree crime if there is sexual penetration with the victim and one of seven (7) circumstances. Sexual penetration is defined as “vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor’s instruction.” An individual who engages in sexual penetration may be charged with aggravated sexual assault if:

  1. The victim is under thirteen (13) years old;
  2. The victim is at least thirteen (13) but less than sixteen (16) and the accused is his/her relative, guardian or has a legal, professional or occupational status which involved supervision or disciplinary power over the victim;
  3. The conduct occurred during the course of a robbery, kidnapping, homicide, aggravated assault, burglary, arson or escape;
  4. The accused was armed with a weapon or threatened the victim with an object which the victim reasonably believed was a weapon;
  5. The defendant was aided or abetted by at least one other person and force or coercion was used;
  6. Physical force was used and resulted in severe personal injury to the victim; or
  7. The victim was in a state which rendered them physically or mentally incapacitated.

An individual convicted of this violation is subject to a fine of up to $200,000, a Nurse Examiners Program Fund Penalty of $800, a surcharge of $100 payable to the NJ Department of Community Affairs, and a $1,000 Sex Criminal Victim Treatment Fund assessment. There is a prison term of 10-20 years that also applies along with a requirement that the defendant serve at least eight-five (85) percent of his sentence before eligible for parole pursuant to the No Early Release Act (“NERA”). If the victim of the aggravated sexual assault is under thirteen (13), the term of imprisonment is enhanced to twenty-five (25) years to life imprisonment with fifteen (15) years of parole ineligibility.

Somerville NJ Aggravated Sexual Assault Attorney

Since aggravated sexual assault is a first degree crime, the only place this offense can be adjudicated is at the county court in either Somerville or Flemington. If you were arrested in Readington, Hillsborough, Watchung, Franklin, N. Plainfield or another town in either county, this is where your case will be litigated. The lawyers at our firm are battle-tested advocates that are astute in defending even the most difficult sex charges. To speak to an aggravated sexual assault attorney on our staff, call us any time of day or night at 908-722-1011.