If you have been charged with Sexual Assault or your family member has been arrested for Sexual Assault, then you are probably feeling incredibly overwhelmed. It is understandable. Before you start frantically calling any attorney you can find, you should take time to learn exactly what it is that you you are dealing with in Sexual Assault charges. Sexual Assault, commonly sensationalized as “rape” is one of New Jersey’s most sobering charges. The penalties are severe and the stigma that follows may be worse. Outside of incarceration, a conviction for Sexual Assault may include Megan’s Law Registration and Parole Supervision for Life. These things can make even the most basic tasks difficult. If you or someone you love are facing charges for Sexual Assault, Aggravated Criminal Sexual Contact, Lewdness, Kidnapping or Criminal Sexual Contact in Burlington County, consult with an attorney about your options. Find out the criminal process from arrest to Detention Hearings all the way to trial and learn what must be done to protect your rights along the way.
Proetta & Oliver is a law firm the focus its practice on criminal defense. Our team of attorneys are well-versed in criminal law and trial advocacy. Former New Jersey Deputy Attorney General, William C. Fay, IV, is the firm partner who can assist you with your Burlington County charges. Call (609) 850-8284 today and schedule face-to-face consultation with Mr. Fay. We represent defendants facing charges throughout Burlington County, including towns like Mount Laurel, Evesham, Mt Holly, Bordentown, Burlington Township, Palmyra, Pemberton, Willingboro, Maple Shade, Florence, Westampton, Moorestown, Cinnaminson and Southampton, just to name a few. Our attorneys are available day and night for your convenience and will happily walk you through what to expect in the coming days, weeks and months as your case progresses. Do not hesitate to call and speak with an attorney, you have nothing to lose by educating yourself on the charges.
N.J.S.A. 2C:14-2c(1) Sexual Assault
There are multiple acts the qualify as Sexual Assault under N.J.S.A. 2C:14-2. However, for our purposes I will focus on the most commonly charge Sexual Assault conduct, N.J.S.A. 2C:14-2(c)1. This subsection of the Sexual Assault statute states in pertinent part that: “An actor is guilty of sexual assault if he commits an act of sexual penetration with another person and the actor uses physical force or coercion but the victim does not sustain severe personal injury.”
In order to convict defendant of the charges, the State must prove the following elements beyond a reasonable doubt: -That the Defendant committed an act of sexual penetration with another person; -That the Defendant acted knowingly; -That the Defendant used physical force or coercion; and -That the Victim did not sustain severe personal injury.
What is Coercion Under N.J.S.A. 2C:14-2?
Most Sexual Assault cases hinge on the Prosecutor’s ability to prove “physical force” or “coercion.” In New Jersey, coercion requires that the jury find that you, as the defendant, had the purpose to unlawfully restrict the victim’s freedom of action to engage in or refrain from engaging in the act of sexual penetration, AND threatened to:
Inflict bodily injury on anyone or commit any other offense; or
Accuse anyone of an offense; or
Expose any secret which would tend to subject any person to hatred, contempt or ridicule, or to impair his or her credit or business repute; or
Take or withhold action as an official, or cause an official to take or withhold action;
Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
Perform any other act which would not in itself substantially benefit the actor but which is calculated to substantially harm another person with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships.
Will I Go to Jail for Sexual Assault in New Jersey?
If convicted, then is is highly probable that you will be incarcerated for an extended period of time. In New Jersey, Sexual Assault is a second degree felony offense. As such, a finding of guilt will carry with it a term of imprisonment between 5 and 10 years in a New Jersey State Penitentiary. Furthermore, as stated above, your sentence will include fines, Megan’s Law Registration and Parole Supervision for Life. Even more concerning, your prison sentence may include mandatory parole ineligibility under the No Early Release Act (NERA). For more information on what penalties you are facing for Sexual Assault or any other sex crime, call (609) 850-8284.
Sexual Assault Criminal Attorneys Pemberton, NJ
If you or a family member were arrested and charged with Sexual Assault, do not hesitate to speak with an experienced Burlington County Defense Attorney. At the very least, seek out some consultation on what you may expect and how you can protect yourself going forward. Our firm will provide you with a free consultation to help explain the realities that exist in any Sexual Assault case. You have nothing to lose by calling. Our team of attorneys have experience navigating the Burlington County court system at the County and municipal level. Call (609) 850-8284 today speak with an attorney about your case. Representatives are available day and night for your convenience.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Mount Laurel, Point Pleasant, Princeton and Middletown. All major credit cards are accepted.