New Jersey Sexual Assault Lawyer
The most severe sex crime allegation a person can face in New Jersey is the accusation of sexual assault and rape. Indeed, many of these sex abuse crimes are crimes of the first degree under New Jersey law, which is the most serious type of crime. Simply being accused of any sex crime act could throw a person’s life into total chaos and severely damage their reputation on many levels.
For this reason, any person facing sexual assault and rape accusations should consult a New Jersey sexual assault lawyer that could protect them in court and shield them from public scrutiny. A capable sex crimes lawyer could build a solid case for an individual accused of sexual assault. If you’ve been accused or charged with a sex crime, New Jersey sexual assault lawyer John B. Fabriele, III can provide the legal support you need at this difficult time.
Everything You Need to Know About Sexual Assault Charges in New Jersey
If you’ve been accused of any kind of sex crime, including sexual abuse, sexual assault, or rape, it’s imperative to reach out to a defense attorney as soon as possible. A New Jersey sexual assault lawyer can help you understand the extent of your charges and help you make sense of this legal challenge. Below you’ll find some frequently asked questions that clients accused of sexual assault often have when charged. Contact our law firm today to learn more about your case and how a sex crimes attorney can help.
What should I do if I’ve been accused of sexual assault?
If you’re accused of sexual assault or arrested for sexual assault, remember two things: contact a New Jersey sexual assault lawyer immediately, and don’t talk to anyone or speak to police without a lawyer present.
How does New Jersey law define sexual assault?
Sexual assault and rape are the same things under New Jersey law. There is no specific crime known as rape in New Jersey’s statutes. All allegations of sexual assault fall under New Jersey Statute 2C § 14-2. It specifically states that a sexual assault charge requires an act of sexual penetration with another person. New Jersey law defines sexual assault under these circumstances:
- (1)The victim is less than 13 years old;
- (2)The victim is at least 13 but less than 16 years old; and
- (a)The actor is related to the victim by blood or affinity to the third degree, or
- (b)The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status, or
- (c)The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
- (3)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;
- (4)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;
- (5)The actor is aided or abetted by one or more other persons, and the actor uses physical force or coercion;
- (6)The actor uses physical force or coercion, and severe personal injury is sustained by the victim;
- (7)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.
To learn more about how New Jersey classifies and defines sexual assault or another sex crime, contact our law firm today to speak with a sexual assault defense attorney.
What are the penalties for sexual assault in New Jersey?
Basic sexual assault is a second-degree crime. This means that a person could face a mandatory minimum prison sentence of five years to a maximum term of ten years. In addition, those convicted of sexual assault may face a maximum fine of $150,000 and need to register as a sex offender. Contact sexual assault lawyer John B. Fabriele, III to understand more about your charges and potential punishments for sexual assault.
What is aggravated sexual assault?
Aggravated sexual assault is a more extreme version of the crime. It fits the same basic definition, but the allegations also involve aggravating circumstances. These include:
- One party is under thirteen years old
- The two parties are related by blood
- A person committed the act during a robbery, burglary, or another felony
- The alleged actor had a weapon
- The individual used physical force, causing the other party severe injuries
To learn more about aggravated sexual assault or other forms of sexual abuse, call our law office today at (732) 246-0888.
What are the penalties for aggravated sexual assault?
Aggravated sexual assault is a first-degree crime. Anyone facing this charge could face 25 years in prison if the other party were under the age of thirteen.
If any other situations apply, the court will treat the charge as any other first-degree crime in New Jersey. This means a person may face a minimum prison sentence of 10 years up to a maximum of 25. The fines also increase to a maximum of $200,000, and the individual must register as a sex offender. A New Jersey sexual assault lawyer could attempt to mitigate the penalties that an individual may face.
What is criminal sexual contact in New Jersey?
New Jersey defines criminal sexual contact as “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.” This is considered a fourth-degree crime, a lesser charge than aggravated sexual assault, but still a serious sex crime. Those convicted of criminal sexual contact can face up to 18 months in jail.
Can sexual assault charges be dropped?
It is possible for a sexual assault charge or any other sex crime charge to be dropped. However, it’s important to work with a skilled and knowledgeable sexual assault defense attorney to attempt to get a charge dropped. There are various ways to challenge the report provided by an alleged victim. False reports happen more often than you may think. An experienced sexual assault lawyer can thoroughly investigate a case and discover ways to fight a sex crime charge. In some cases, a sexual assault charge may even be dropped if there’s enough solid evidence.
What is Megan’s Law?
Megan’s Law is a federal law in the U.S. that requires law enforcement to inform the public of registered sex offenders in the area. Megan’s Law was first enacted in New Jersey in 1995. Contact our law office today if you have questions or concerns about the guidelines of Megan’s Law or what registration as a sex offender entails.
Do I need to hire a New Jersey sexual assault attorney?
It is highly advised to work closely with a New Jersey sexual assault lawyer. If you’ve been charged or you’re aware of a sexual assault allegation, it’s important to contact a defense attorney right away.
Remember that every stage of a sexual assault case is critical. From the interview with an alleged victim to the arrest of a suspect, the police are building a case. Every portion of that investigation is subject to discovery by defense counsel and scrutiny by the court.
A New Jersey sexual assault lawyer could assist individuals best by starting work as soon as possible. The fresher the evidence, the better the chance of discrediting it. The attorney could also keep the allegations out of the media to protect the individual’s privacy and ensure a fair trial. Time is of the essence, which is why individuals who have been charged with sexual assault should contact a lawyer today.
New Jersey Sexual Assault Defense Attorney John B. Fabriele, III
The Law Office of New Jersey Sex Crimes Attorney John B. Fabriele, III is available to take your sex assault case. It's essential for achieving the best results that you start your defense as quick as possible. It is also important to have someone who is experienced and also knows the area. We take sex crime cases in New Jersey and serve clients in Middlesex County, Monmouth County, Ocean County, Somerset County and Union County. We aggressivily defend your case and work with great effort to get the results you deserve. To get a free consultation at our office feel free to contact us at (732) 246-0888. Don’t leave your freedom to chance call our New Jersey Sexual Assault Attorneys today to start yourself.
New Jersey Sexual Assault Attorney Office
New Jersey Sexual Assault Defense Attorneys
East Brunswick , NJ
Phone: (732) 246-0888