Aggravated sexual assault is one of the most serious criminal charges in all of New Jersey. It is New Jersey’s version of rape. As you will see below, if convicted, a Defendant could be facing up to life in prison, not to mention serious lifelong collateral consequences, like Megan’s Law and Parole Supervision for Life. Furthermore, based on the new bail guidelines, a Defendant could be detained in the county jail, pending trial, without bail. However, in order to do so, the prosecution must file for Detention Hearing. At a Detention Hearing, it will be the prosecution’s burden to prove by clear and convincing evidence that in order to protect society, assure the Defendant’s appearance in court and/or to prevent the Defendant from obstructing the prosecution of their case, that they must be detained in the county jail, without bail, pending trial. These hearings can and always should be contested. If you have been charged with aggravated sexual assault in Somerset or Hunterdon County and are facing a Detention Hearing, the criminal defense attorneys at Keith Oliver Criminal Law can help. If you would like to speak to one of our criminal defense attorneys about your options at a Detention Hearing then please contact us at (908) 533-1064.
Speak to an Aggravated Sexual Assault Defense Attorney in Flemington NJ
The criminal defense attorneys at Keith Oliver Criminal Law have been defending clients accused of crimes like aggravated sexual assault, endangering the welfare of a child, invasion of privacy, lewdness, criminal sexual contact, aggravated criminal sexual contact and possession of child pornography in courts throughout New Jersey, including courts throughout Hunterdon and Somerset County. These are extremely serious charges and should not be taken lightly. If you would like to come into our office for a free initial consultation then please contact us directly at (908) 533-1064. We can go over the specific facts of your case and we will give you our honest feedback on how we can be of assistance. We serve all of Somerset and Hunterdon County, including towns like Flemington, Clinton, Raritan, Readington, Bridgewater, Bound Brook, North Plainfield, South Bound Brook, Bernards, Hillsborough, Far Hills and Watchung. If you have any questions whatsoever please do not hesitate to contact us. The penalties associated with these types of charges are life changing.
How Serious are Aggravated Sexual Assault Case in NJ?
Should I Give a Statement to the Police?
Aggravated Sexual Assault is the highest level sex crime in New Jersey. It should go without saying what a criminal conviction for aggravated sexual assault can do to one’s life. Just simply being accused of aggravated sexual assault can be life changing. Most aggravated sexual assault allegations will be classified as he said she said type of cases. That is why it is very important for law enforcement to seek to secure a statement from the alleged defendant. Although a confession to law enforcement would be ideal, simply corroborating bits and pieces of the alleged victim’s versions of events can be equally as devastating. That is why it is very common for law enforcement to contact an aggravated sexual assault suspect and seek to get a statement from them prior to formally bring any criminal charges against them. If you or a loved one has found themselves in this type of situation we strongly urge that you contact an experienced criminal defense attorney and speak to them about your options prior to volunteering a statement.
What to Know About Aggravated Sexual Assault Charges in NJ: NJSA 2C:14-2a
The crime of aggravated sexual assault is by far one of the most complex statutes in the entire criminal code. It encompasses a wide array of potential conduct, however, one of the main elements within each section of the statute is an “act of sexual penetration”. An act of sexual penetration has been defined as:
- “Any 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 Defendant or by another person upon the defendant’s instruction, constitute(s) “sexual penetration.”
The courts have went on to state that any amount of insertion, however slight, constitutes penetration.
What are the Elements of Aggravated Sexual Assault Charges in NJ?
Here is a breakdown of what exactly the prosecution must prove beyond a reasonable doubt in order to obtain a conviction:
- The Defendant committed an “act of sexual penetration” under one of the following circumstances:
- The alleged victim was under the age of 13 at the time of the act; or
- The alleged victim was at least 13 years old but less than 16 years old at the time of the act; &
- The Defendant is related to the victim by blood or affinity; or
- The Defendant had supervisory or disciplinary power over the victim as a result of their legal, professional or occupational status; or
- The Defendant is a parent and/or guardian of the victim; or
- The Defendant committed the act during the commission of a robbery, burglary, aggravated assault, kidnapping, arson or homicide; or
- The Defendant is armed with a weapon or threatened that they were armed with a weapon in such a manner that the victim reasonably believed they were; or
- The Defendant committed the act with the assistance of another and they used physical force or coercion to commit said act; or
- The Defendant used physical force or coercion to commit the act and the victim suffered personal injury; or
- The victim was one who the Defendant knew or should have known was physically helpless or mentally incapacitated.
As you can tell this is a very complex statute that covers a tremendous amount of different types of conduct, as such we strongly recommend that you speak to an experienced criminal defense lawyer about your options. If you would like to talk to one of our criminal defense lawyers about your options then please contact us at (908)533-1064.
What is the Jail time For an Aggravated Sexual Assault Charge in NJ?
Aggravated sexual assault is a first degree crime in New Jersey. If convicted, a Defendant will be facing up to twenty years in prison, a $200,000 fine, a felony criminal record, mandatory Megan’s Law registration for life and mandatory Parole Supervision for Life. Pursuant to the Lunsford Act, if the victim was under the age of thirteen at the time of the incident, the Defendant shall be sentenced to a term of twenty-five years to life in prison, with a twenty-five year parole ineligibility period.
Contact a Hunterdon County NJ Aggravated Sexual Assault Defense Lawyer Today
Being charged with a criminal offense like aggravated sexual assault, stalking, terroristic threats, criminal sexual contact, sexual assault or luring can be terrifying. That is why it is crucial that you speak to an experienced criminal defense attorney as soon as possible about your options. Hiring the right attorney, one that has experience dealing with these types of charges can go a long way to alleviating some of that stress. If you would like to talk to one of the Somerset County criminal defense lawyers at Keith Oliver Criminal Law about your options then please contact us at (908) 533-1064. We serve all of Hunterdon and Somerset County, including towns like Flemington, Clinton, West Amwell, South Bound Brook, Bridgewater, Watchung, Branchburg, Raritan and Montgomery.