Aggravated Criminal Sexual Contact is a serious crime in the state of New Jersey. If you or someone you know has been charged with this offense in Morris County, in towns like Madison, Morristown, Parsippany, Dover, Montville, Pequannock, or Rockaway, you cannot afford to face these charges without representation. Here at the Law Office of Jonathan F. Marshall we have over 100 years of combined experience on staff, including years of prior prosecuting experience. We have represented clients charged with endangering the welfare of a child, aggravated criminal sexual contact, lewdness, criminal sexual contact, sexual assault and aggravated sexual assault in Morris County, New Jersey for over a decade. If you would like to set up a free initial consultation with any one of the eight Morris County criminal defense attorneys on staff at our office please contact our Morristown office at (973) 309-7050. Now here is some key information on the offense of aggravated criminal sexual contact, including what exactly the Morris County Prosecutor’s will need to prove beyond a reasonable doubt to obtain a conviction.
N.J.S.A. 2C:14-3(a): Aggravated Criminal Sexual Contact Lawyers in Boonton
As defined by statute, under N.J.S.A. 2C:14-3(a), an actor is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with the victim under any of the circumstances set forth in 2C:14-2(a) (2) – (7). This means that aggravated criminal sexual contact occurs in one of six circumstances as defined under the state’s aggravated sexual assault statute. The difference in these cases, as opposed to aggravated sexual assault, is that there is no act of sexual penetration. Sexual contact for the purposes of this statute is defined as an intentional touching by the victim or actor, either directly or through clothing, of the victim’s or actor’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. It is of note that sexual contact of the actor with himself must be in view of the victim whom the actor knows to be present.
The six circumstances that lead to aggravated criminal sexual contact charges are:
- The victim is at least 13 but less than 16 years olds and
- The actor is related to the victim by blood or affinity to the third degree, or
- the actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status, or
- the actor 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 are the Penalties for Aggravated Criminal Sexual Contact in NJ?
Aggravated criminal sexual contact is a crime of the third degree (felony). This means that if you are charged and convicted of this crime, you could face between 3 and 5 years of incarceration. You could also be subject to fines totaling up to $15,000. Lastly, any person convicted of this crime would also be subject to Megan’s Law. This may be the most significant punishment of all, since, after serving your time in jail, then, for the rest of your life, you would need to be a registered sex offender wherever you live. For more information on this offense and the Megan’s Law implications, please contact our Morristown Office at (973) 309-7050.
Aggravated Criminal Sexual Contact Attorneys in Morris County NJ
All of this is not meant to scare you or paint a bleak picture for what’s to come, rather it’s to impress upon you the importance of obtaining the best legal counsel that you can. Here at the Law Offices of Jonathan F. Marshall, we have over 100 years of collective experience defending against aggravated criminal sexual contact charges in Morris County. Our team of 8 defense attorneys even consists of former prosecutors who know the ins and outs of this charge and how best to defend against it. In short, we believe that our experience makes us uniquely qualified to get you the best results, so please contact us today for a free consultation with an experienced attorney about the particulars of your case.