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 crimes are crimes of the first-degree under New Jersey law – the most serious type of crimes. Simply being accused of these acts could throw a person’s life into total chaos.
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.New Jersey sexual assault lawyer.Defining Sexual Assault in New Jersey
Sexual assault and rape are the same thing 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.
Beyond that, there are two main classes of sexual assault. Basic sexual assault involves the sexual penetration of another person when a person uses physical force or the threat of it, the alleged victim is in the legal custody of the alleged perpetrator, or the individual is the parent or guardian of a household.
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, they may face a maximum fine of $150,000 and need to register as a sex offender.What is Aggravated Sexual Assault?
Aggravated sexual assault is a more serious 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
Due to the severity of this charge, aggravated sexual assault is a first-degree crime. Anyone facing this charge could face 25 years in prison if the other party was under the age of thirteen.If any of the 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.Necessity of a New Jersey Sexual Assault Attorney
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 work to 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.