Monmouth County Sex Crimes Lawyer
In Monmouth County, there are separate statutes which define and differentiate the crimes of sexual assault and aggravated sexual assault. Sexual assault is a second-degree crime in Monmouth County, while aggravated sexual assault is a first-degree crime. Both these charges are serious and could result in stiff punishments, including long prison sentences.
If you are charged with any type of sexual assault in Monmouth County, it may be essential that you consult with a Monmouth County sex crimes lawyer as quickly as possible. Do not enter a plea until you speak with an experienced criminal attorney about your rights and your options.Sexual Assault
There are several ways to commit the crime of sexual assault in Monmouth County. According to New Jersey Revised Statutes §2C:14-2, a person may be charged with this crime if they engage in sexual penetration with another person and any of the following conditions are met:
- The actor uses force or coercion without causing serious injury
- The other person is between 16 and 18 years old and related to the defendant
- The other individual is between 13 and 16 years old and the actor is at least four years older than the other person
Furthermore, a person may be guilty of sexual assault in Monmouth County if they engage in any type of sexual conduct with a person less than 13 years old under any circumstances. This is true only if the person charged is at least four years older than the other person.
Sexual assault is a second-degree crime which is punishable by time in a state prison. A Monmouth County sex crimes attorney could provide a more detailed explanation of local sex crime laws.Aggravated Sexual Assault
Aggravated sexual assault occurs if a person engages in sexual penetration with another person and any of the following conditions are met:
- The other person is younger than 13 years old
- The other individual is between 13 and 16 years old and they are related
- The actor has supervisory or disciplinary power over the other person
- The crime is committed during a robbery or kidnapping
- The actor is armed with a weapon
Aggravated sexual assault is a first-degree crime in Monmouth County. The penalty for a conviction on aggravated sexual assault charges is a minimum of 25 years in prison without parole and a maximum sentence of life imprisonment.Consideration of the Victim in Plea Agreements
The court has the discretion to accept a guilty plea bargain in exchange for a lighter sentencing. The law allows the sentence for aggravated assault, for example, to be as low as 15 years in this case. If the court offers such a negotiated plea arrangement, however, the court gives the right to the person who allegedly was assaulted to consult with the court prior to the finalization of the agreement.Prostitution and Solicitation
According to NJRS §2C:34-1, a person who engages in, accepts an offer to engage in or makes an offer to engage in sexual activity with another person in exchange for something of economic value is guilty of the offense of prostitution. A person can, therefore, be guilty of violating this code even if no money is exchanged and not sexual act is performed.
Additionally, it does not matter under this statute which side of the transaction a person was on. It is equally illegal in Monmouth County to pay for as it is to profit from sexual activity.
A first conviction for prostitution could result in a disorderly persons charge. This is also the case for a conviction for soliciting a prostitute. While uncommon, a conviction on a disorderly person’s charge could still result in jail time.
A second or third conviction is considered a fourth-degree crime and may result in up to 18 months in jail. Subsequent convictions are third-degree crimes punishable by up to five years in prison.
Finally, a defendant convicted of soliciting a prostitute under the age of 18 is guilty of a second-degree crime, which is punishable by up to 10 years in prison. This is true even if the defendant was unaware of the person's age.Child Pornography
It is a crime in the fourth degree to possess child pornography in Monmouth County, punishable by up to 18 months in jail and a fine of up to $10,000 for a first conviction. In addition to digital and physical possession, it is a fourth-degree crime to look at child pornography online.
In order to be convicted, a defendant must knowingly possess or look at child pornography. As such, it may be a valid defense for an accused party to claim they were unaware of the possession of such material or the age of a person depicted.Talk to a Monmouth County Sex Crimes Attorney Today
Convictions for sex crimes often lead to lengthy prison sentences and could remain on your record for the rest of your life. A Monmouth County sex crimes lawyer could represent you if you are accused of such a crime and work with you to pursue a positive resolution to your case. Call today to schedule a consultation.