Being accused of a sex offense involving a minor can be an overwhelming, even terrifying experience. Conviction could mean years in prison and a lifetime of stigmatization. The stakes are even higher when charges of aggravated sexual assault and child endangerment are filed together.
If you are facing this situation, you need clear legal guidance, discretion, and a defense that takes your future seriously.
Contact Keith Oliver Criminal Law now for a free, confidential case review with an experienced New Jersey aggravated sexual assault lawyer. We are ready to explain what you are up against and how our firm can fight to protect your rights, your reputation, and everything you have worked for.
Understanding Aggravated Sexual Assault in New Jersey
New Jersey law defines aggravated sexual assault as committing an act of sexual penetration with another person under any of the following circumstances:
- With a victim under the age of 13
- With a victim at least 13 years old but younger than 16, related to the perpetrator by blood or affinity to the third degree, or whom the perpetrator has supervisory or disciplinary power over due to the perpetrator’s legal or professional status, or whom the perpetrator serves as a resource parent, guardian, or in loco parentis
- The act occurs during the commission or attempted commission of robbery, carjacking, kidnapping, homicide, aggravated assault, burglary, arson, or criminal escape
- The perpetrator has a weapon or any object fashioned to lead the victim to believe the perpetrator has a weapon, and the perpetrator threatens by word or act to use the weapon or object
- The perpetrator commits the act with the help of one or more people, using coercion or without the victim’s consent
- The perpetrator commits the act without the victim’s consent, and the victim suffers severe injury
- The perpetrator knows or should know that the victim is physically helpless or intellectually or mentally incapacitated or has a mental disease that renders them incapable of providing consent or understanding and exercising the right to refuse consent
Understanding Child Endangerment Charges
New Jersey’s statute prohibiting endangering the welfare of children makes it illegal for anyone:
- Who has a legal duty to care for a child or has assumed responsibility for the care of a child to engage in sexual conduct that would impair the morals of a child
- To engage in sexual conduct that would harm the morals of a child, even if they do not have the responsibility to care for that child
- To cause or permit a child to engage in a sexual act or simulated sexual act with the intent to photograph, film, or reproduce the act in any manner, including on the Internet, or to display the act as part of an exhibition or performance
- To knowingly distribute or possess with the intent to distribute child pornography
A person may also face prosecution for endangering the welfare of children if they have a legal duty to care for a child or have assumed responsibility for the care of a child and abuse or neglect that child. Abusing a child may also lead to a charge of endangering the welfare of children, even for someone who does not have a responsibility to care for them.
Why These Charges Are Often Filed Together
There are certain circumstances under which a defendant may face charges for both aggravated sexual assault and endangering the welfare of children. Prosecutors may file both charges in cases where a suspect allegedly committed an act of sexual penetration upon a minor victim. A defendant might face both charges by committing an aggravated sexual assault in the presence of a minor.
How New Jersey Prosecutors Approach These Cases
Because cases involving aggravated sexual assault and child endangerment charges involve minors as victims, New Jersey prosecutors will leverage the state’s substantial law enforcement and investigatory resources to find evidence that can help secure a conviction.
Do not make the mistake of facing off against the criminal justice system alone. You need an experienced, well-resourced criminal defense attorney who can level the playing field to help you stand up for your rights and interests.
Potential Consequences of Being Charged with Both Offenses
Conviction on both aggravated sexual assault and endangering the welfare of children charges can lead to a longer prison sentence than a conviction on just one charge.
Depending on the circumstances of the case, a trial court may find grounds to exercise its discretion to sentence a defendant to consecutive sentences. That means the defendant must serve the prison sentence set by the trial court for one of the offenses before serving the sentence imposed for the other offense, rather than serving both sentences at the same time.
What to Do Immediately if Facing Both Charges
Prompt legal action is critical for protecting yourself from the consequences of serious child abuse charges involving sexual abuse and violation of child endangerment laws. Remember that the prosecutor’s office bears the burden of proving guilt beyond a reasonable doubt.
Here is what you can do if you are facing child endangerment charges:
- Invoke your right to remain silent by declining to answer investigators’ questions about your charges or to provide a statement about your case.
- Exercise your right to legal counsel by contacting our criminal defense attorney as soon as possible after your arrest.
- Avoid contacting or approaching the alleged victim or their family.
- Gather evidence that might help your case, such as alibi evidence or character witnesses.
How Keith Oliver Criminal Law Helps Clients in These Situations
At Keith Oliver Criminal Law, your criminal defense comes first. Our attorney will thoroughly investigate your case and evaluate your legal options to provide you with a tailored defense strategy. Some of our notable results in aggravated sexual assault and child endangerment cases include:
- An acquittal in a 2024 case for a client facing first-degree aggravated sexual assault and other related charges
- Downgrading attempted aggravated sexual assault charges in a 2020 case to a charge of criminal sexual contact
- Downgrading aggravated sexual assault charges, subject to the Lunsford Act, in a 2018 case to a charge of criminal restraint
- Two cases of downgrading and resolving sexual assault charges where client faced 10 years, Parole Supervision for Life, and Megan’s Law in 2023
Contact Our New Jersey Aggravated Sexual Assault Lawyers Today
Have you been charged with both aggravated sexual assault and endangering the welfare of children? You need legal help from our law firm now.
Contact Keith Oliver Criminal Law today for a free, confidential consultation with an experienced criminal defense attorney. Let’s discuss your path forward.