Aggravated Sexual Assault

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Monmouth County NJ Aggravated Sexual Assault Defense Attorneys

All sex crimes in New Jersey are considered extremely serious, spelling both short and long-term consequences for those convicted. Among the many charges subsumed within the category of “sex crimes,” aggravated sexual assault is considered the most serious. Consider this: the penalties for aggravated sexual assault in New Jersey are double those associated with typical sexual assault crimes. Not only is a conviction for aggravated sexual assault punishable by a 10 to 20-year term of imprisonment, but the offense entails a mandatory period of parole ineligibility set at 85 percent of the sentence imposed, as mandated by New Jersey’s No Early Release Act. Collateral consequences associated with these crimes include mandatory sex offender registration under New Jersey’s Megan’s Law, community supervision for life, and a psychosexual evaluation to determine repetitive and compulsive sexual proclivities.

The New Jersey criminal defense attorneys at Chamlin, Rosen, Uliano & Witherington have dedicated the last 5 decades to defending individuals charged with crimes in Monmouth County and throughout New Jersey. With superior knowledge and skill in this complex area of practice, and the leadership of Partner Charles J. Uliano, who is among the only 43 of the 80,000 attorneys in the state of New Jersey who holds a dual Certification from the New Jersey Supreme Court as a Civil and Criminal Trial Attorney, we investigate every component of your case and formulate a comprehensive, compelling strategy for your defense. We understand that sex crime accusations can be devastating for your personal and professional life and we are prepared to guide and aggressively advocate for you through every phase of the legal process. To discuss the circumstances of your case with one of our seasoned criminal defense lawyers free of charge, contact our West Long Branch office today at 732-440-3950.

Aggravated Sexual Assault in New Jersey: N.J.S.A. 2C:14-2a

New Jersey Law outlines charges for aggravated sexual assault in N.J.S.A. 2C:14-2(a), providing the following with regard to these offenses:

a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following 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, mentally defective or mentally incapacitated.

Penalties for Aggravated Sexual Assault in New Jersey

As mentioned previously, aggravated sexual assault is considered a first degree indictable felony in New Jersey. First degree crimes are punishable by a sentence to serve between 10 and 20 years in New Jersey State Prison. Additionally, aggravated sexual assault is subject to the terms of New Jersey’s No Early Release Act (“NERA”), which requires the defendant to serve 85% of the sentence imposed before becoming eligible for parole. Further penalties for aggravated sexual assault include mandatory sex offender registration under New Jersey’s Megan’s Law, community Supervision for Life, and a psychosexual evaluation (also known as an Avenel evaluation). The findings of the psychosexual evaluation are used to determine appropriate sentencing upon conviction for a sex crime. Lastly, it is critical to note that aggravated sexual assault is not bound by a statute of limitations, per the dictates of N.J.S.A. 2C:1-6. Essentially, this means that if, at any time, a victim chooses to come forward, you may be charged with aggravated sexual assault, even if the alleged incident occurred several decades ago.

Contact our Freehold NJ Aggravated Sexual Assault Lawyers for Immediate Assistance

If you have been accused of aggravated sexual assault, brought in for questioning, or charged with a sex crime, your next steps can truly spell the difference between guilt and innocence in the eyes of the law. Do not answer any questions until you consult with and retain knowledgeable legal counsel. Please contact our renowned sex crimes defense team at 732-440-3950. Our attorneys are always available to provide free consultations.

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Chamlin, Rosen, Uliano & Witherington of West Long Branch, New Jersey, provides representation throughout Monmouth County including Asbury Park, Belmar, Colts Neck, Deal, Eatontown, Freehold, Hazlet, Holmdel, Howell, Lake Como, Long Branch, Manalapan, Manasquan, Marlboro Township, Middletown, Neptune, Oakhurst, Ocean Township, Redbank, Shrewsbury, Spring Lake, Tinton Falls, Wall Township, West Long Branch, and Freehold Township; Ocean County including Bayville, Brick, Jackson, Lakewood, Lakewood Township, Mantoloking, Point Pleasant, Point Pleasant Beach, and Toms River; Middlesex County including East Brunswick, Milltown, New Brunswick, Old Bridge Township, Perth Amboy, Sayreville, South Amboy, South River, and Spotswood.

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