Paterson NJ Rape Defense Lawyers
Aggravated sexual assault, more commonly known as rape, is one of the more serious crimes someone can face in New Jersey. This first degree offense is set forth at N.J.S.A. 2C:14-2(a) and provides for some of the stiffest penalties provided by law. If someone is found guilty of aggravated sexual assault, they are subject to over ten (10) years in jail and other extreme consequences. There is no doubt that anyone charged under 2C:14-2(a) needs to retain the very best attorney they can afford. In this regard, we encourage you to review the credentials of our firm and to give us a call anytime of day at 862-203-4070 for a free consultation regarding this offense. Our office has been representing clients charged with criminal sexual contact, aggravated sexual assault, luring, endangering the welfare of a child and sexual assault in Paterson for over a decade. We have over 100 years of combined experience on staff, including years of prior prosecuting experience.
Aggravated Sexual Assault Defense Lawyers in Clifton NJ
First Degree Rape Charges in Passaic County NJ
In order to obtain a conviction for aggravated sexual assault, the prosecutor must prove, beyond a reasonable doubt, that there was “sexual penetration” and:
- The victim was Less than 13 years old;or
- The victim was at least 13 but less than 16 years old and (a) the defendant is related to the victim by blood or affinity, (b) the defendant has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status, or (c) the defendant 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 defendant 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 defendant is aided or abetted by one or more other persons and the defendant uses physical force or coercion;
- The defendant uses physical force or coercion and severe personal injury is sustained by the victim; or
- The victim is one whom the defendant knew or should have known was physically helpless, 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.
Any of the above seven (7) scenarios can result in a conviction for aggravated sexual assault. For purposes of 2C:14-2(a), “sexual penetration” means 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 depth of insertion shall not be relevant as to the question of commission of the crime. “Sexual contact” means 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. Sexual contact of the actor with himself must be in view of the victim whom the actor knows to be present.
“Intimate parts” – means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person. “Severe personal injury” – means severe bodily injury, disfigurement, disease, incapacitating mental anguish or chronic pain.
Penalties: Prison Term, Fine & Registration Requirements
As previously stated, aggravated sexual assault is a crime of the first degree, the very highest grade of crime in New Jersey. A conviction for first degree aggravated sexual assault carries a prison term of ten (10) to twenty (20) years. In addition, since this offense involves violence, the No Early Release Act (“NERA”) applies. NERA mandates that anyone convicted of first degree aggravated sexual assault serve at least eighty-five (85) percent of any jail term before they are eligible for parole. The fine for a first degree offense is as high as $200,000. Mandatory registration under Megan’s Law, as well as community supervision for life, also applies to first degree aggravated sexual assault.
Hawthorne Aggravated Sexual Assault Attorneys
The Law Office of Jonathan F. Marshall has eight Paterson aggravated sexual assault lawyers making our office one of the largest criminal defense firms in the State let alone Passaic County. We have extensive experience representing clients charged with various criminal offenses in towns like Little Falls, Wayne, Clifton, Hawthorne, Paterson, Passaic City and North Haledon. Anyone facing this serious charge needs to consult an attorney immediately. A lawyer with experience handling this offense and bail motions is ready to assist you at 862-203-4070 or 862-203-4070.