Sex Crimes

Types of Sex Crimes

We have handled every variety of sex case over our tenure serving as prosecutors, public defenders, and high stakes criminal defense attorneys in Middlesex County. Our team can help you favorably resolve your case irrespective of the type of charge you are facing, including:

To ensure that your rights will be protected to the fullest extent allowed by law, it is important that you engage an experienced Middlesex County sex crime attorney as soon as possible after being arrested for a sex crime.

Set up a free initial legal consultation with Marshall Criminal Defense at our New Brunswick Office or Edison Office today to get started on a strong legal defense.

Penalties

New Jersey takes sex crimes very serious with prison and sex offender registration coming into play in a high percentage of cases. This is a major reason why you have to be extremely selective in deciding who will represent you. You simply cannot gamble on an attorney with limited trial experience in this realm given the penalties involved and high probability that the case will need to be presented to a jury.

The penalties for sex crimes are some of the harshest someone can be indicted for in Middlesex County. For example, sexual assault (rape) is generally a second-degree crime, which carries a maximum 10-year prison sentence. However, if this same conduct involves one of the circumstances set forth in N.J.S.A. 2C:14-2a, the case is considered aggravated and escalates to a first-degree crime that carries up to 20 years in prison.  A sex assault can progress even further to a Lundsford Act case if the victim is under 13 years of age and then the accused faces 30 years to life in prison. On the other end of the spectrum, lewdness can be classified as disorderly person offense that is handled in municipal court and involves much less risk exposure.

The standard penalties for sex crimes are as follows:

• A First-Degree Offense (e.g. aggravated sex assault, production of child pornography, etc.) is punishable by 10-20 years in prison and a fine of up to $200,000.
• A Second-Degree Offense (e.g. luring, sex assault, endangering the welfare of a child, etc.) is punishable by 5-10 years in prison and a fine of up to $150,000.
• A Third-Degree Offense (e.g. aggravated criminal sexual contact, etc.) is punishable by 3-5 years in prison and a fine of up to $15,000.
• A Fourth-Degree Offense (e.g. failure to register) is punishable by up to 18 months in prison and a fine of up to $10,000.
• A Disorderly Persons Offense is punishable by a fine of up to $1,000.
• A Petty Disorderly Persons Offense is punishable by a fine of up to $500.

There is clearly serious prison time, fines, probation, and other penalties that apply whenever someone is convicted for a sex offense. Many of these charges also trigger sex offender registration.  If you have been charged with a sex crime in Middlesex County, it is obviously important to speak with an experienced criminal defense attorney who can help you understand the charges against you and build a strong defense. Selecting the right attorney to defend your charge in New Brunswick is therefore of exceptional importance. A lawyer at our firm is ready 24/7 to discuss how we can effectively serve you in this capacity.

Consent In New Jersey

Most sex charges stem from an incident of sexual intercourse where one individual claims there was consent and the other that it was without consent. In some cases, the accused admits to the sexual act but that it was with consent. The victim often denies any agreement to the conduct thereby turning on an issue of credibility; namely, who is telling the truth. This where a savvy defense attorney can make all the difference by either persuading the prosecutor that reasonable doubt exists so that the charge is dismissed by the state or, alternatively, obtaining an acquittal by a jury. Our attorneys are adept in achieving results like these and this is definitely a function of our vast experience and skill defending sex cases in Middlesex County and familiarity with the court system and prosecutors.

There are also situations where consent isn’t a viable defense as a matter of law, namely, where the victim is incapable of legally consenting. This is the situation where someone engages in a sex act with:

• A child younger than 16 years old,
• A child between the ages of 16-18 who
  • Is related by blood or affinity to the third degree to the actor (for example, adopted or related by marriage, such as a stepchild or stepsibling)
  • A person who is under supervisory or disciplinary power by virtue of the actor’s legal, professional, or occupational status,
  • A person who has a relationship with the actor in loco parentis within the household (such as a parent or guardian)
• A person with diminished mental capacity, who the accused should have known was physically helpless, mentally incapacitated, or had a mental disease or defect that rendered the victim temporarily or permanently incapable of understanding the nature of the sexual conduct. This includes victims who were drunk, drugged, high, unconscious, or those with a developmental disability.

When an individual is accused of a sex crime, the credibility of both the victim and the accused come into question. In many cases, it is difficult to determine whose version of events is more credible. As a result, there is ample opportunity to negotiate with prosecutors in order to reach a lesser charge or sentence.

There are many reasons sex crime charges are dismissed or reduced before a case goes to court. Sex crime cases are often based on one person’s word against another. This can make it difficult to prove guilt beyond a reasonable doubt, which is the standard required for a conviction. Additionally, jurors and judges may be reluctant to convict someone of a sex crime if there is not enough concrete evidence. In some cases, defendants may also be able to successfully challenge the legality of their arrest or the admissibility of certain types of evidence. Finally, even if a case does go to court, defendants may be acquitted if they have a strong defense team that is able to poke holes in the prosecution’s case.

That’s why it’s important to have an experienced criminal defense team working on your case as soon as possible. Marshall Criminal Defense has years of experience defending clients accused of sex crimes in Middlesex County and throughout New Jersey. We will thoroughly investigate your case and work tirelessly to get the best possible outcome.

Megan's Law & Parole Supervision For Life ("PSL")

Under Megan’s Law, if an individual is convicted or pleads guilty to a sex crime in New Jersey, they may be required to register as a sex offender. This process requires the convicted individual to report to local police and may include notification of their status to schools or other organizations near the registrant’s home and place of work. In the worst cases, names on the sex offender registry are made available to the public.

Typically, registration under Megan’s Law will be required if you are convicted of:

• Sexual assault
• Statutory rape
• Aggravated criminal sexual contact
• Endangering the welfare of a child (sexual contact with a minor)
• Child pornography
• Luring or enticing a minor
• Criminal sexual contact (with a minor)
• Kidnapping (of a minor and you are not a parent)
• Criminal restraint (of a minor and you are not a parent)
• False imprisonment (of a minor and you are not a parent)

If a defendant is required to register under Megan’s Law, the Middlesex County Prosecutor’s Office will classify the registrant as either Tier I, Tier II, or Tier III based on a graded scale of the risk they pose. The tiers also affect who must be notified of the registrant’s status.

Tier I is for low-risk offenders, requiring notification of law enforcement agencies.

Tier II is for moderate-risk offenders, requiring notification of law enforcement agencies, schools, licensed daycare centers, summer camps, and registered community organizations the offender may come into contact with.

Tier III is for high-risk offenders, requiring notification of law enforcement agencies, schools, licensed daycare centers, summer camps, registered community organizations the offender may come into contact with, and members of the public through a website.

At all three levels of notification, registrants must provide the following information:

• Name, description, and photograph
• Home address
• Place of employment or school, if applicable
• A description of the offender’s vehicle and license plate number
• A brief description of the offender’s crime

When assigning a registrant to their Tier, the Prosecutor’s Office is to consider:

• the nature of the offense,
• the registrant’s criminal history,
• any rehabilitation or counseling since the offense, and
• the registrant’s support in the community.

If the Prosecutor’s Office improperly rates or classifies an individual, the individual can appeal the decision with a knowledgeable Middlesex County defense attorney. Megan’s Law also provides for potential removal from registration after 15 years if certain criteria are met.

Our Sex Crimes Lawyers In Middlesex County Have What It Takes To Win Your Case

Though the term “sex crime” is often used interchangeably with “sexual assault,” it actually encompasses a much wider range of behavior. In general, a sex crime is any form of unwanted, unwelcome, or coercive sexual behavior. This can include anything ranging from sexual contact (i.e. touching an intimate body part), coercion over the internet to lure a minor, possessing sexually explicit images of a minor (i.e. child pornography), or exposing your penis in public (i.e. lewdness). If you are convicted of certain sex crimes, you will often face not only prison time but also be required under Megan’s Law to register as a sex offender.

Despite the public condemnation linked to sex crime charges, all defendants deserve and have the Constitutional right to a robust legal defense against criminal charges and the opportunity to avail themselves of the most favorable outcome as permitted by law.

Marshall Criminal Defense provides protection to sex crime defendants in Middlesex County and across the state of New Jersey. The sooner we can get involved in your case, the better we can ensure courts uphold your rights as we fight to rebut the charges against you.

Contact us now, so that our Middlesex County, New Jersey defense team can:

• Immediately work for your Pretrial Release at the lowest level of reporting and supervision (e.g. level 1, level 2, level 3, or level 3 plus).
• Start an independent investigation into the charges against you, including examining the prosecution evidence used to indict you and arguing for the exclusion of disputable evidence from future proceedings in your case.
• Uncover evidence of faults or misconduct in the prosecution’s case, such as illegal arrest, illegal search and seizure, mistaken identity or faulty lineup of suspects, false witness testimony, faulty or fabricated evidence, or faulty forensic testing.
• Argue that biases of law enforcement in the investigation led to the charges.
• Examine, and in discovery, question statements by the prosecution’s witnesses, including the alleged victim.
• Seek witnesses who can testify on your behalf.

Our initial objective will be to have charges dismissed or reduced, if possible. If it is necessary to go to court, we will do so prepared to closely question the prosecution’s case and vigorously defend you.

Contact Our Middlesex County Sex Crimes Defense Lawyers Today

If you have been arrested for a sex crime in Middlesex County, exercise your right to remain silent and call our experienced criminal defense attorneys as soon as you can. Our team will move promptly and work diligently to keep you from facing the severe punishments of sex crimes.

Contact Marshall Criminal Defense now for a free, no-obligation initial consultation.

Innocent Until Proven Guilty

If you have been charged with a sex offense, you have probably noticed that people — even your friends — may treat you as though you are guilty. At Marshall Criminal Defense, you will find experienced Middlesex County sex crimes defense attorneys who understand that you are innocent of this criminal charge unless and until you are convicted. We understand the difficult situation that you are in, and we will provide an aggressive, knowledgeable defense against your criminal charges. This will involve our scouring the evidence to identify weaknesses in the prosecutor’s case. Rest assured, we will do everything in our power to ensure you maintain your freedom and avoid any long term impact from the sex offense indictment and/or complaint.

Contact us today if you are charged with a sex crime. We are available 24/7 at 732-246-7126 or online. We offer free initial consultations.