Freehold NJ Aggravated Sexual Assault Lawyer
Facing aggravated sexual assault allegations in Monmouth County? Have the police requested that you come down to the station to give a formal statement? If so, here is some key information that you need to know. Aggravated sexual assault is one of the most serious criminal offense in New Jersey. In fact it is New Jersey’s version of rape. A Defendant charged with aggravated sexual assault could wind up being detained in the Monmouth County Jail, without bail, pending trial based on the new bail guidelines and that is before the case even makes it way into the litigation faze. In order to detain an individual in the county jail without bail the prosecution must file for a Detention Hearing. At the hearing, the prosecution will be trying to show by clear and convincing evidence, that in order to assure the publics safety and the Defendant’s appearance in court, that they must be detained in the Monmouth County Jail without bail. These hearings can and always should be contested. If you would like to speak to one of the criminal defense attorneys at Keith Oliver Criminal Law about your options then please contact us at (732)858-6959.
Attorney for Aggravated Sexual Assault Charges in Asbury Park NJ
If you have been arrested and charged with aggravated sexual assault in Monmouth County it is imperative that you speak to an experienced criminal defense attorney as soon as possible about your options. Aggravated sexual assault is a first degree felony in New Jersey. As you will see below, depending on the underlying facts, a Defendant convicted of this offense could face up to life in prison. With that being said, the majority of times, these charges are he said she said offenses and typically there is very little physical evidence. This allows for an experienced criminal defense attorney to attack the validity of the charges. Mr. Oliver, who heads up our Monmouth County practice, has been representing clients charged with serious sex offenses like aggravated sexual assault, sexual assault, endangering the welfare of a child, aggravated criminal sexual contact and lewdness in courts throughout New Jersey, including Monmouth County for years. Typically once our office is retained on this type of case we like to get a private investigator involved as soon as possible. If you would like to come into our office for a one on one discussion with Mr. Oliver or any of the other attorneys on staff, then please contact us directly at (732)858-6959. We are available 24/7 to help assist in anyway possible and as always our initial consultations are always free. Please do not hesitate to contact us, these charges are extremely serious and time is of the essence. Here is some key information on aggravated sexual assault including what exactly the State must prove beyond a reasonable doubt before a Defendant could be convicted.
How Serious is Aggravated Sexual Assault in NJ?
Aggravated sexual assault is governed by N.J.S.A. 2C:14-2(a). As you will see below, there are several different subsection of this statute that a Defendant could be charged under. In fact, there are seven different factual scenarios in which a Defendant could be charged with aggravated sexual assault in New Jersey. They are as follows:
A Defendant will be convicted of aggravated sexual assault if the State can prove beyond a reasonable doubt that he/she committed an act of sexual penetration with another person under one of the following circumstances:
- The victim is less than 13 years old;
- The victim is at least 13 but less than 16 years old; and
- The Defendant is related to the victim by blood or affinity, or
- The Defendant has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status, or
- The Defendant is a resource family parent, a guardian, or stands in loco parentis within the household;
- 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;
- 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;
- The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;
- The actor uses physical force or coercion and severe personal injury is sustained by the victim;
- 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 is the Sentence for Aggravated Sexual Assault Charges in NJ?
Aggravated sexual assault is considered a crime of the first degree. Typically a Defendant convicted of this offense could be sentenced anywhere from ten (10) to twenty (20) years in a New Jersey State Prison. However, if a Defendant committed an act of sexual penetration with a victim who is under the age of thirteen (13) at the time of the incident, the prosecution may only offer a plea deal provided the specific term of imprisonment is not less than fifteen (15) years all of which must be served before the Defendant could become eligible for parole. In addition, if a Defendant is convicted after a trial under the aforementioned circumstances, the Court must sentence the Defendant to a term of imprisonment of not less than twenty-five (25) year to life. Under those circumstances, the Defendant must serve at least twenty-five (25) years before they can become eligible for parole. In addition to that, the Defendant may be fined up to $200,000, be required to register under Megan’s Law and placed on Parole Supervision for Life.
Need to Speak to a Red Bank Aggravated Sexual Assault Attorney
If you have been charged with aggravated sexual assault, stalking, harassment, criminal sexual contact, endangering the welfare of a child, terroristic threats, sexual assault or aggravated criminal sexual contact, we can help. Our office will aggressively challenge the evidence presented against our clients in order to achieve a favorable outcome. We are well aware of what a conviction for an offense like aggravated sexual assault can do to one’s life. This is an extremely serious charge and should not be taken lightly. Our criminal defense attorneys serve all of Monmouth County, including towns like Middletown, Tinton Falls, Marlboro, Matawan, Aberdeen, Belmar, Freehold, Hazlet, Howell, Manalapan, Long Branch, Neptune, Wall and Asbury Park. For a free initial consultation today please contact us directly at (732)858-6959.