Middlesex County NJ Aggravated Sexual Assault Lawyer
Aggravated sexual assault is one of the most serious criminal offenses you can face at the Middlesex County Superior Court in New Brunswick NJ. This offense carries some of the heaviest penalties under New Jersey Law as a first degree crime. A conviction for aggravated sexual assault in East Brunswick NJ or elsewhere results in at least ten years in prison, a potential fine that exceeds $100,000, and lifetime registration as a sex offender under Megan’s Law for life. If you are under investigation, were recently charged or have already been indicted for aggravated sexual assault (a.k.a. rape), it certainly in your interests to hire the best defense attorney you can afford.
We believe that the lawyers at Marshall Criminal Defense, offer a highly competent option in this regard. We are the largest criminal defense firm in the county, employ several former prosecutors, including Jason Seidman, who only recently left the Middlesex County Prosecutor’s Office, and possess over 100 years of combined experience battling aggravated sexual assault charges in New Brunswick. Our attorneys are prepared to do what is necessary to insure you have every opportunity of being found guilty. Give our East Brunswick Office a telephone call at 227-1200 for a free initial consultation.
What Must the Prosecutor Prove?
Whether you were arrested in Woodbridge, South Brunswick, Old Bridge, Cranbury or another municipality, your case will be sent to the county courthouse in New Brunswick for processing. A fundamental element of first degree sexual assault that distinguishes it from many other sex offenses is “penetration”. In addition to proving that there was “sexual penetration”, N.J.S.A. 2C:14-2 requires that the prosecution prove, beyond reasonable doubt, that:
- the victim was less than 13 years old;
- the act was committed while committing another crime;
- the actor used physical force or coercion while assisted by another;
- the actor used physical force or coercion resulting in severe personal injury;
- the victim was helpless, mentally incapacitated, or incapable understanding the nature of the actors conduct; or
- the victim was at least 13 but less than 16 and, was a relative of the victim, supervisor of the victim, or was foster parent, guardian or acted as a parent in the household.
Individuals prosecuted for aggravated sexual assault must act knowingly as to all elements of the crime. In addition, “sexual penetration” is defined under N.J.S.A. 2C:14 as vaginal intercourse, cunnilingus, fellatio, or anal intercourse between persons. Sexual penetration also includes any insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor’s instruction.
Penalties for Aggravated Sexual Assault
First degree aggravated sexual assault carries a jail term of between 10 and 20 years in prison. A fine of up to $250,000 may also be imposed. There are other significant ancillary consequences of a conviction as both the No Early Release Act (“NERA”) and Megan’s Law apply to any conviction for aggravated sexual assault. NERA makes it mandatory for a person to serve 85% of the imposed sentence before becoming eligible for parole. This differs from ordinary sentences in which a person can become eligible for parole after serving between 33% and 50% of their sentence. In addition, Megan’s Law requires registration as a sex offender for anyone convicted pursuant to 2C:14-2. The registration and community supervision requirements are for life.
Statute of Limitation
In accordance with N.J.S.A. 2C:1-6, the statute of limitations is five (5) years from the date of first degree sexual assault when the victim is an adult. If the victim was a minor, the statute of limitation is two (2) years from the date the child reaches eighteen (18) years of age.
Woodbridge NJ Aggravated Sexual Assault Attorneys
Woodbridge NJ has the second highest population in Middlesex County so it makes sense that it has its share of aggravated sexual assault charges. If you or a loved one is charged with sexual assault in the first degree, the attorneys on our defense team are prepared to consult with you immediately. We defend individuals throughout the region who are accused of this offense, including in Piscataway, Sayreville, Edison, Highland Park and elsewhere. Give our Woodbridge Office a call anytime 24/7 at 732-751-4458 to speak to a lawyer on our staff.
The defense lawyers at The Law Offices of Jonathan F. Marshall handle aggravated sexual assault charges throughout Middlesex County including New Brunswick, Piscataway, Highland Park, Woodbridge, East Brunswick, South Brunswick, Edison, Old Bridge, Cranbury and Sayreville New Jersey.
