In the state of New Jersey, aggravated sexual assault is one of the most egregious crimes a person can commit and it is punished to the fullest extent of the law. If you or someone you love has been charged with aggravated sexual assault, criminal sexual contact, lewdness, sexual assault or stalking in Morris County, you cannot afford to face these charges alone. Here at the Law Office of Jonathan F. Marshall, our team of Morris County criminal defense lawyers has been defending individuals charged with aggravated sexual assault for over a decade. If you or someone you know has been charged with aggravated sexual assault in towns like Parsippany, Dover, Denville, Morristown, Rockaway, Mendham, Roxbury and East Hanover, we can help. If you would like to set up a free initial consultation, please contact our Morristown office at 973-309-7050. Our Morristown criminal defense attorneys are available 24/7 to answer any questions you might have. Now here is some key information on aggravated sexual assault in New Jersey, including the applicable penalties if convicted.
N.J.S.A. 2C:14-2: Aggravated Sexual Assault Lawyers in Dover NJ
Aggravated sexual assault is governed under N.J.S.A. 2C:14-2. An actor is guilty of an aggravated sexual assault if they commit an act of sexual penetration in one of seven different circumstances. Sexual penetration as defined by statute is 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 actor or upon the actor’s instruction. The seven circumstances under which these acts of sexual penetration lead to the commission of an aggravated sexual assault are as follows:
- The victim is less than 13 years old
- 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 in NJ for Aggravated Sexual Assault?
Aggravated sexual assault as described above is a crime of the first degree, the most serious offense that a person can commit. While typically punishable by up to 20 years of incarceration, aggravated sexual assault is so repugnant to the conscience that it is upwardly adjusted where the victim is under 13 years of age to anywhere between 25 years of imprisonment to life imprisonment. To makes matters worse, aggravated sexual assault also falls under the No Early Release Act (NERA), which in essence requires a Defendant to serve at least 85% of their sentence before they can become eligible for parole.
Morris County Aggravated Sexual Assault Lawyers
One should be getting the picture now that if you are charged with this offense, you need the best representation that you can afford. With the possibility of life imprisonment looming, this is not the crime to obtain second-rate representation for. Here at the Law Offices of Jonathan F. Marshall, we have over 100 years of collective experience defending against sex crimes in Morris County. Our team of 8 attorneys even consists of former county prosecutors who know how the state will attempt to prove its case and how best to protect your rights. So please, if you or a loved one has been charged with this serious crime in Morris County, do not hesitate to contact us today for a free consultation with an experienced attorney about the particulars of your case.