Aggravated sexual assault, also known as rape, is New Jersey’s most serious sex crime. These charges typically involve high-profile cases and significant media attention in Burlington County. If you are charged with aggravated sexual assault, you are facing potential life in prison. Additionally, under New Jersey’s Bail Reform Guidelines, the State can seek to keep you detained pretrial without the option of bail. If you are facing aggravated sexual assault charges or if you have a pending detention hearing, contact the Burlington County Criminal Defense Attorneys at (609) 850-8284.
Finding the right attorney is crucial in when facing a first degree felony indictable offense like aggravated sexual assault. These cases carry life-altering consequences and could require significant research private investigators to uncover the truth. Furthermore, rape cases almost always rely upon two things: (1) physical evidence in the form of DNA and (2) witness/victim testimony. An experienced criminal lawyer can find the inaccuracies and contradictions in a the alleged victim’s statements, if any exist. Without impeaching the witness or presenting exculpatory evidence, it will be very difficult to convince a jury that you are innocent. If you would like to speak to one of our criminal attorneys today about your case, please call (609) 850-8284. Former New Jersey Deputy Attorney General, William C. Fay, IV, heads our criminal practice. Allow Mr. Fay to consult with you regarding your case and help decide how to proceed (whether it require a private investigator or third-party forensic testing). Our office can be reached 24/7 for your convenience and the initial consultations are free of charge.
Burlington County NJ Aggravated Sexual Assault Lawyers
N.J.S.A. 2C:14-2(a) sets forth the laws regarding aggravated sexual assault. The statute provides for multiple types of conduct that could give rise to a criminal violation. Under N.J.S.A. 2C:14-2(a), it is a criminal offense for aggravated sexual assault if the defendant committed an act of “sexual penetration” with another person under any of the following circumstances:
The victim is less than 13 years old;
The victim is at least 13 but less than 16 years old; and
The Defendant is related to the victim by blood or affinity, or
The Defendant has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status, or
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 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;
The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;
The actor uses physical force or coercion and severe personal injury is sustained by the victim;
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.
What are Aggravated Sexual Assault Penalties in New Jersey?
As a first degree crime, aggravated sexual assault is one of New Jersey’s most seriously punished crimes. First degree offenses like aggravated sexual assault will result in a term of imprisonment between ten (10) and twenty (20) years in a NJ State Prison. However, if the offense involved an act of sexual penetration with a victim who is under the age of thirteen (13) at the time of the incident and the defendant is convicted after a trial, the Court must sentence the Defendant to a term of imprisonment of not less than twenty-five (25) year to life. Even upon release (after a minimum 25 years), the defendant will still be required to register under Megan’s Law and will be placed on Parole Supervision for Life.
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