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Monmouth County Criminal Defense Lawyers

If you have been arrested, charged with a criminal offense, or are under investigation, it is crucial that you speak to an experienced Monmouth County Criminal Defense Lawyer about your options.

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We have successfully defended our clients against thousands of Criminal, DWI, and Municipal Court charges throughout Monmouth County and New Jersey

Sexual Assault Charges 2C:14-2(b)

Freehold NJ Sexual Assault Lawyers

Sexual Assault is bar far one of the most serious charges under the New Jersey criminal code. In fact, this offense, just like aggravated sexual assault, criminal sexual contact, lewdness, aggravated criminal sexual contact, invasion of privacy and endangering the welfare of a child will be handled by a special unit in the Monmouth County Prosecutor’s Office known as the Special Victims Unit (SVU). Pursuant to N.J.S.A. 2C:14-2(b), sexual assault is a second degree felony offense in New Jersey. This tends to be one of those offenses that the Monmouth County prosecutors office seeks to detain a Defendant in the county jail, without bail, pending trial. However, before that can occur, a Detention Hearing must take place. These hearings can and always should be. To speak to one of our Monmouth County criminal defense lawyers about Detention Hearings, then please contact us at 732.858.6959.  As you can tell, these are life changing charges and they require the assistance of an experienced Monmouth County criminal defense attorney. If you have been charged with sexual assault in Monmouth County in towns like Middletown, Tinton Falls, Hazlet, Freehold, Manasquan, Aberdeen, Matawan, Keyport, Union Beach, Long Branch, Neptune, Ocean Township, Asbury Park or Wall Township, the Law Offices of Proetta & Oliver can help. Throughout his career, Mr. Oliver has represented countless clients charged with sexual offenses, including sexual assault. These charges typically do not have many witnesses and tend to turn into to a he said she said type of cases. This is where an experienced criminal defense attorney can really make a difference. They can attack the proofs of the case and capitalize on all of the inconsistencies in the witnesses statement.

Need Local Sexual Assault Defense Attorney in Wall Township

If you would like to come into our office and have a face to face meeting with Mr. Oliver or one of the other attorneys on staff about your case then please contact us directly at (732)858-6959. We can be reached around the clock as we fully understand that someone charged with this type of offense needs assistance immediately. If you have any questions please do not hesitate to contact us. We strongly recommend that you speak to an experienced criminal defense attorney about your options prior to speaking to law enforcement about any potential charges. Now here is some key information on the offense of sexual assault including a complete breakdown in the statute.

Sexual Assault Attorneys in Asbury Park

Sexual Assault Charges in NJ: N.J.S.A. 2C:14-2(b)

N.J.S.A. 2C:14-2(b) and N.J.S.A. 2C:14-2(c) are the two statutes that govern the offense of sexual assault in New Jersey. As you will see below, there are eight different scenarios in which a Defendant could be charged with sexual assault. Here is a complete breakdown of those scenarios:

N.J.S.A. 2C:14-2(b) states in pertinent part “an actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim. In essence there are two different ways a Defendant could be convicted under section and they are:

  • That the Defendant purposely committed an act of sexual contact on the victim; &
    • That the victim was under 13 years old at the time of the sexual contact, &
    • At the time of the sexual contact, the Defendant was at least four years older than the victim. OR
  • The Defendant purposely committed an act of sexual contact by touching himself/herself and the touching was in the view of victim whom the Defendant knew was present; &
    • That the victim was under 13 years old at the time of the sexual contact, &
    • At the time of the sexual contact, the Defendant was at least four years older than the victim.

According to the case law and the legislature, “sexual contact” has been defined as an “intentional touching by the victim or by the Defendant, either directly or through clothing, of victim’s or Defendant’s intimate parts. In addition, the State must show that the intentional touching was done with the underlying purpose to degrade or humiliate the victim or to sexually arouse or gratify the Defendant.

N.J.S.A. 2C:14-2(c) is a little bit more complex than the above mentioned section. In encompass several different potential fact patterns. Here is a complete breakdown of this section:

To be convicted of sexual assault the State must prove that the Defendant  committed an act of “sexual penetration” with another person under one of the following circumstances:

  • The Defendant used physical force or coercion, but the victim does not sustain severe personal injury;
  • The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional or occupational status;
  • The victim was 16 years old but less than 18 years old &
    • The Defendant is related to the victim; or
    • The Defendant has supervisory or disciplinary power over the victim; or
    • The Defendant is a foster parent, a guardian, or stands in loco parentis.
  • The victim is 13 years old but less than 16 years old and the Defendant is at least four years older than the victim. (this is New Jersey’s version of Statutory Rape)

According to the case law and legislature, “sexual penetration” includes any one of the following:

  • Vaginal intercourse,
  • Cunnilingus,
  • Fellatio or
  • Anal intercourse between persons or
  • Insertion of the hand, finger or object into the anus or vagina.

What are the Penalties for Sexual Assault in NJ?

Sexual Assault is a second degree felony offense in New Jersey. If convicted, a Defendant faces anywhere from five (5) to ten (10) years in a State Prison and a fine up to $150,000. In addition, a Defendant will also be subject to Megan’s Law Registry and Parole Supervision for life. Lastly, a Defendant convicted under subsection N.J.S.A. 2C:14-2(b) and N.J.S.A. 2C:14-2(c)1 will also have their sentence subject to the No Early Release Act (NERA). NERA in essence requires a Defendant to serve 85% of their sentence before they can become eligible for parole. Conversely, a Defendant not subject to NERA would traditionally do ⅓ of their sentence before they could become eligible for parole. As you can tell that makes a huge difference.

Experienced Monmouth County NJ Sexual Assault Lawyer

As you can tell from above, the applicable penalties for anyone convicted of sexual assault in New Jersey are life changing. Outside the potential for a lengthy State Prison sentence a Defendant convicted of sexual assault also has to deal with the lifelong Megan’s Law consequences. If you have been charged with sexual assault, aggravated assault, endangering the welfare of a child, stalking, kidnapping or criminal sexual contact, we can help. We serve all of Monmouth County, including towns like West Long Branch, Manalapan, Marlboro, Red Bank, Tinton Falls, Belmar, Englishtown, Farmingdale and Eatontown. To schedule a free initial consultation today please contact us at (732)858.6959.

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