Elizabeth, NJ Aggravated Criminal Sexual Contact: Serious Charges Demand a Fierce Defense
Aggravated Criminal Sexual Contact Attorney Elizabeth, NJ
If you are facing charges of aggravated criminal sexual contact in Elizabeth, New Jersey, your future is at stake. These accusations carry severe penalties and can have lasting consequences on your life. Retaining Brett M. Rosen for an aggravated criminal sexual contact charge in Elizabeth, New Jersey could be crucial for several reasons. With a proven track record in complex sex crime cases, Rosen is ready to fight tirelessly for your rights and freedom if you’re facing a sexual assault charge. His exceptional trial skills, remarkable case outcomes, and passion for justice set him apart. When your future is at stake, having Brett M. Rosen on your side ensures that your constitutional rights are upheld, false allegations are thoroughly investigated, and every legal avenue is explored to build a robust defense.
If you or someone you know is facing aggravated criminal sexual assault charges in Elizabeth, New Jersey, contact Brett M. Rosen, Esq. today for a free and confidential consultation. We have the experience and dedication to fight for you and protect your future. Additionally, Brett Rosen has achieved major victories in high-profile sexual assault trials, proving his ability to defend clients against serious accusations and secure favorable outcomes. His reputation as a passionate and dedicated lawyer underscores his track record of success in complex cases, making him an excellent choice for legal representation. Call today at 908-312-0368 or email him at brett@nynjcriminalcivilesq.com.
Understanding Aggravated Criminal Sexual Contact in New Jersey: N.J.S.A. 2C:14-3a
New Jersey law defines aggravated criminal sexual contact (N.J.S.A. 2C:14-3a) as a more serious form of criminal sexual contact, involving specific circumstances that elevate the offense to a third-degree crime. These circumstances can include:
- Victim’s Age: The victim is at least 13 but younger than 16, and the actor is at least four years older.
- Family Relationship: The actor is related to the victim by blood or affinity to the third degree (e.g., first cousin).
- Position of Authority: The actor is a supervisor, guardian, or has disciplinary power over the victim.
- Use of Force or Coercion: The actor uses physical force or coercion to accomplish the sexual contact.
- Other Aggravating Factors: The sexual contact occurs during the commission or attempted commission of another serious crime, such as robbery, kidnapping, or aggravated assault.
Consequences of an Aggravated Criminal Sexual Contact Conviction
- Prison Sentence: Up to 5 years in state prison
- Fines: Up to $15,000
- Megan’s Law Registration: Mandatory registration as a sex offender
- Parole Supervision for Life (PSL): In certain cases
- Loss of Employment and Housing Opportunities
- Damage to Reputation and Relationships
Defending Against Aggravated Criminal Sexual Contact Charges in Elizabeth, NJ:
Facing aggravated criminal sexual contact charges is a serious matter, but it’s important to understand that you have options. Here are some potential legal defenses that an experienced attorney may use in your case:
- False Accusation:
- Motive to Lie: Often, accusations arise from situations like bitter divorces, child custody disputes, or attempts to seek revenge. We investigate the accuser’s motives and history to expose any potential biases or ulterior motives.
- Inconsistent Statements: If the accuser’s story has changed over time, or if their statements contradict other evidence or witness testimony, their credibility can be called into question.
- Consent:
- Age of Consent: If the alleged victim was of legal age (16 or older in New Jersey) and willingly engaged in the sexual contact, it may not be considered a crime.
- Mistaken Belief of Consent: Even if the accuser later claims they didn’t consent, we can argue that you genuinely and reasonably believed they did, based on their words, actions, or other circumstances.
- Lack of Evidence:
- No Physical Evidence: In many cases, there may be no physical evidence of sexual contact. If the prosecution relies solely on the accuser’s testimony, we can challenge their credibility and raise doubts about the accuracy of their recollection.
- Insufficient Evidence of Aggravating Factors: The prosecution must prove the specific elements that make the crime “aggravated,” such as the victim’s age, a family relationship, or the use of force. If they fail to establish these elements beyond a reasonable doubt, the charges may be reduced to a lesser offense.
- Misidentification:
- Wrong Person: It’s possible that you were wrongly identified as the perpetrator. We can use alibi witnesses, surveillance footage, or other evidence to prove you were not present at the time of the alleged incident.
- Constitutional Violations:
- Illegal Search and Seizure: If law enforcement obtained evidence against you illegally (e.g., without a warrant), we can move to suppress that evidence in court.
- Miranda Rights Violations: If you were not properly informed of your rights before being interrogated, any statements you made may be inadmissible.
Additional Considerations:
- Fabrication of Evidence: While rare, there are instances where the accuser or someone else may fabricate evidence to incriminate you. We will thoroughly investigate this possibility.
- Mental Incapacity: If a mental health condition impaired your ability to understand the nature of your actions or the consequences, this could be a mitigating factor in your defense.
Important Note:
The specific defenses that apply to your case will depend on the unique facts and circumstances surrounding the allegations. It’s critical to consult with an experienced criminal defense attorney like Brett M. Rosen, Esq., who can evaluate your case, advise you on the best course of action, and fight for your rights.
FAQs About Aggravated Criminal Sexual Contact Charges in Elizabeth, NJ
- Q: What is the difference between criminal sexual contact and aggravated criminal sexual contact?
- A: Both involve the intentional touching of another person’s intimate parts. However, aggravated criminal sexual contact is a more serious offense, involving specific aggravating factors like the victim’s age (under 16), a family relationship, the actor being in a position of authority, or the use of force or coercion.
- Q: What are the penalties for aggravated criminal sexual contact in New Jersey?
- A: Aggravated criminal sexual contact is a third-degree crime, punishable by up to 5 years in prison and fines up to $15,000. Additional consequences can include Megan’s Law registration and parole supervision for life.
- Q: Can I be charged with aggravated criminal sexual contact if the alleged victim consented?
- A: Consent is generally not a defense to aggravated criminal sexual contact if the victim is under the age of 16. Even if the victim appears to consent, the law considers them unable to legally consent due to their age.
- Q: What if the alleged contact was accidental?
- A: Accidental touching is not considered criminal sexual contact. However, the prosecution must prove intent, meaning you purposefully touched the victim’s intimate parts for the purpose of sexual gratification or humiliation.
- Q: I’ve been falsely accused. What are my options?
- A: If you’ve been falsely accused, it’s crucial to contact an attorney immediately. We can investigate the allegations, challenge the accuser’s credibility, and build a strong defense to protect your rights and reputation.
- Q: Will I have to register as a sex offender if I’m convicted?
- A: Yes, a conviction for aggravated criminal sexual contact will require you to register as a sex offender under Megan’s Law.
- Q: What are some common defenses against aggravated criminal sexual contact charges?
- A: Possible defenses include: * False accusation * Consent (if applicable) * Lack of evidence * Misidentification * Constitutional violations (e.g., illegal search and seizure, Miranda violations)
- Q: How much does it cost to hire a lawyer for an aggravated criminal sexual contact case in Elizabeth?
- A: Attorney fees vary depending on the complexity of the case and the lawyer’s experience. Brett M. Rosen, Esq., offers free consultations to discuss your case and our fees.
- Q: What should I do if I’m arrested for aggravated criminal sexual contact?
- A: Do not speak to law enforcement or anyone else about the allegations without an attorney present. Exercise your right to remain silent and contact an attorney immediately to protect your rights.
Additional FAQs About Aggravated Criminal Sexual Contact Charges in Elizabeth, NJ:
- What are the specific circumstances that make criminal sexual contact “aggravated” in New Jersey?
The following circumstances can elevate a criminal sexual contact charge to aggravated criminal sexual contact:
The victim is at least 13 but less than 16 years old, and the actor is at least four years older than the victim and:
- Has supervisory or disciplinary power over the victim
- Is the victim’s foster parent or guardian
- Is related to the victim
- The actor uses physical force or coercion.
- Can I be charged with aggravated criminal sexual contact even if there was no penetration?
Yes, aggravated criminal sexual contact focuses on intentional touching, not penetration. Any intentional touching of the intimate parts of another person, for the purpose of degrading or humiliating the victim or sexually arousing or gratifying the actor, can constitute this crime.
- What if the alleged victim is my spouse or partner? Can I still be charged with aggravated criminal sexual contact?
Yes, even if the victim is your spouse or partner, you can be charged with aggravated criminal sexual contact if the act involved the use of force or coercion, or if the victim was unable to consent due to age or mental incapacity.
- What are the long-term consequences of an aggravated criminal sexual contact conviction?
Beyond the immediate penalties of imprisonment and fines, a conviction can lead to:
- Lifelong registration as a sex offender under Megan’s Law
- Parole supervision for life
- Difficulty finding employment or housing
- Restrictions on travel and certain activities
- Social stigma and isolation
- What if I believe the police obtained evidence against me illegally? Can that evidence be used in court?
If law enforcement violated your constitutional rights during the investigation or arrest, such as conducting an illegal search or seizure or failing to provide Miranda warnings, your attorney can file a motion to suppress that evidence. If successful, the illegally obtained evidence will not be admissible in court, potentially weakening the prosecution’s case.
- What if I’m a minor and accused of aggravated criminal sexual contact?
If you’re a minor, your case will likely be handled in juvenile court, which focuses on rehabilitation rather than punishment. However, the consequences can still be serious, and it’s crucial to have an attorney protect your rights and advocate for the best possible outcome.
- What are the potential immigration consequences of an aggravated criminal sexual contact conviction?
A conviction can have severe immigration consequences for non-U.S. citizens, including deportation or denial of naturalization, even if you have a green card.
- What if the alleged victim has a history of making false accusations?
If you believe the alleged victim has a history of making false accusations, your attorney can investigate their credibility and present evidence to challenge their claims.
- Can I still be charged with aggravated criminal sexual contact if the victim initially consented but then withdrew their consent during the act?
Yes, consent can be withdrawn at any time. If the victim withdraws consent during the sexual contact, and you continue, it can be considered aggravated criminal sexual contact.
- What if I didn’t realize the victim was under the age of consent?
Ignorance of the victim’s age is generally not a defense to aggravated criminal sexual contact. It’s your responsibility to ensure that the person you engage in sexual contact with is of legal age to consent.
Remember: Facing these charges can be overwhelming, but you are not alone. Brett M. Rosen, Esq. is here to provide you with compassionate and aggressive legal representation. Contact us today for a free consultation. 908-312-0368.
Why Choose Brett M. Rosen, Esq. for Your Elizabeth, NJ Defense?
- Experience in Sex Crimes Defense: Attorney Rosen has extensive experience defending clients against a wide range of sex crime charges, including aggravated criminal sexual contact.
- Compassionate & Confidential Representation: We understand the sensitive nature of these cases and are committed to providing discreet and supportive legal counsel.
- Thorough Investigation: We will meticulously scrutinize the evidence, interview witnesses, and explore all possible defense strategies to protect your rights and freedom.
- Aggressive Advocacy: We will fight tirelessly on your behalf, both in and out of the courtroom, to achieve the best possible outcome for your case.
Our Approach to Defending Aggravated Criminal Sexual Contact Charges
- In-Depth Case Analysis: We carefully examine all evidence against you, including police reports, medical records, and witness statements.
- Challenging Evidence and Testimony: We scrutinize the credibility of witnesses, expose inconsistencies in their statements, and question the validity of any physical evidence.
- Exploring Legal Defenses: We will investigate all possible defenses, including consent (if applicable), false accusation, mistaken identity, lack of evidence, and constitutional violations.
- Protecting Your Rights: We are committed to upholding your constitutional rights throughout the legal process, ensuring due process and fair treatment.
Don’t Let a False Accusation Ruin Your Life
If you are facing aggravated criminal sexual contact charges, it is crucial to seek experienced legal representation immediately. Contact Brett M. Rosen, Esq. today for a confidential consultation.
Call 908-312-0368 or email at brett@nynjcriminalcivilesq.com to schedule your appointment.
Brett M. Rosen, Esq.
We serve Elizabeth and all of Union County.
Disclaimer: This website is for informational purposes only and does not constitute legal advice.