The offense of aggravated sexual assault, often referred to as “rape”, is the most serious form of sex crime set forth under New Jersey Law. The charge not only involves a first degree crime, the highest grade, but also triggers mandatory registration under Megan’s Law. These types of cases can, however, be extremely defensible since whether the sexual intercourse, was non-consensual often comes down to one person’s word against the other. If you are attempting to arrange bail or representation of yourself or a loved one, you need to know that you absolutely need to hire the most skilled defense attorney you can afford. A sexual assault, endangering the welfare of a child or, worse yet, aggravated sex assault, is just about as bad as it gets and is only something to be defended by a highly experienced lawyer like those at our firm. Call our Newark Defense Firm for immediate assistance. Our attorneys have extensive experience in Essex County, including Courts like Newark, Bloomfield, Belleville, South Orange, West Orange and Livingston.
Aggravated Sexual Assault Attorneys in Essex County NJ
New Jersey Sexual Assault Law: Six Ways To Be Charged With Rape
In accordance with N.J.S. 2C:14-2(a), an individual may be charged or indicted for aggravated sexual assault if they engage in an act of sexual penetration under one (1) of six (6) circumstances. “Sexual penetration” is defined under N.J.S. 2C:14-1 to include insertion in the anus or vagina of finger(s), tongue, penis, or any other object, or the performance of fellatio. If sexual penetration occurs under any of the following circumstances, an aggravated sexual assault offense has been committed:
- Victim is less than 13 years old;
- Victim is at least 13 but less than 16 years old and is related, supervised, disciplined, or the ward
of the accused;
- The conduct was committed during a robbery, kidnapping, homicide, aggravated assault,
burglary, arson or criminal escape;
- The accused was armed with a weapon and use of the weapon was threatened;
- The accused used force or coercion and the victim sustained severe personal injury; or
- The victim lacked physical or mental capacity to consent.
If an individual commits any of these acts, it is a first degree crime that carries a prison term of 10-20 years and fine of up to $150,000. In terms of the jail term, the No Early Release (“NERA”) requires that anyone convicted of aggravated sexual assault serve eighty-five (85) percent of any term of incarceration that is imposed.
Megan’s Law & Community Supervision For Life If You Are Found Guilty of Aggravated Sexual Assault
An individual who is convicted of aggravated sexual assault is automatically a registered sex offender under Megan’s Law. You will be included in an online sex offender registry that is open to the public. NJ law also mandates community supervision for life for anyone convicted of this offense. Unlike some other sex crimes, there is no ability to be removed after 15 years if you are convicted of aggravated sexual assault. The purpose of the supervision is to monitor your whereabouts in hopes of preventing and/or combating the risk that you are a sexual predator.
Rape Charge Defense Attorneys, Bloomfield NJ
We invite you to review the credentials of the lawyers at our firm. We are not only one of the largest defense firms in the state but also have at least four (4) former prosecutors, including out of Essex County. Contact us at 973-710-1520 for a free consultation with our Sexual Offense Defense Firm in Newark NJ.