Aggravated Sexual Assault Attorney Union County, NJ

If you or a loved one is facing aggravated sexual assault charges in Union County, New Jersey, your world has likely been turned upside down. This is one of the most serious offenses under New Jersey law, carrying life-altering consequences. It’s crucial to act quickly and decisively.

Brett M. Rosen, Esq., is a leading criminal defense attorney in New Jersey with a proven track record of defending clients against complex and sensitive cases, including aggravated sexual assault. We understand the gravity of the situation, the potential lifelong consequences, and the stigma associated with these charges. Our team of experienced attorneys is dedicated to providing you with unwavering support, aggressive advocacy, and a comprehensive defense strategy. Contact us today for a free consultation at 908-312-0368 or by email at brett@nynjcriminalcivilesq.com. 

Understanding Aggravated Sexual Assault in New Jersey

Aggravated sexual assault is a first-degree crime in New Jersey, the most serious category of offense under state law. It involves sexual penetration or sexual contact with a victim under specific circumstances that make the crime more heinous than standard sexual assault.

What Constitutes Aggravated Sexual Assault in New Jersey?

Under N.J.S.A. 2C:14-2a, you can be charged with aggravated sexual assault if you commit sexual assault and any of the following aggravating factors are present:

• The victim is less than 13 years old.
• The victim is 13 to 15 years old and you are at least four years older, and:
  
  • You are related to the victim by blood or affinity to the third degree, or
  • You have supervisory or disciplinary power over the victim, or
  • You are a resource family parent, a guardian, or stand in loco parentis within the household.
• The act is committed during the course of certain other crimes, such as kidnapping, robbery, burglary, arson, or criminal escape.
• The actor uses or threatens to use physical force or coercion, and severe personal injury is sustained by the victim.
• The actor is aided or abetted by one or more other persons, and physical force or coercion is used, or the victim is incapacitated or helpless.
• The actor uses or threatens the immediate use of a deadly weapon.

The Stakes are High: Penalties for Aggravated Sexual Assault

The penalties for aggravated sexual assault in Union County, New Jersey are severe and life-altering:

• Prison Sentence: A conviction can result in 10 to 20 years in state prison, and in some cases, up to life imprisonment. Under the No Early Release Act (NERA), you may be required to serve at least 85% of your sentence before becoming eligible for parole.
• Megan’s Law Registration: As a convicted sex offender, you will be required to register under Megan’s Law and comply with strict reporting requirements. Your information may be made public, and you may face restrictions on where you can live and work.
• Community Supervision for Life (CSL): In some cases, you may be subject to lifelong parole supervision even after completing your prison sentence.
• Fines: You may face substantial fines, potentially reaching hundreds of thousands of dollars.
• Restitution: The court may order you to pay restitution to the victim for medical expenses, therapy, lost wages, and other damages resulting from the assault.
• Other Consequences: A conviction for aggravated sexual assault will have a devastating impact on your reputation, relationships, and future opportunities. You may face difficulties finding employment, housing, or maintaining custody of your children.

What Does N.J.S.A. 2C:14-2(a)(1) Say?

This law, as mentioned above, states that a person is guilty of aggravated sexual assault if they commit an act of sexual penetration with a victim who is less than 13 years old. This means any act where the perpetrator’s body or an object penetrates the victim’s body, even slightly.

Key Points:

• Age of the Victim: The victim must be under the age of 13.
• Sexual Penetration: This is the core element of the crime.

Penalties: Extremely Severe

Aggravated sexual assault under N.J.S.A. 2C:14-2(a)(1) is a first-degree crime in New Jersey. This is the highest level of offense and carries the following penalties:

• Prison Sentence: A minimum of 25 years and a maximum of life in state prison.
• Megan’s Law: Mandatory lifetime registration as a sex offender under Megan’s Law, which can involve community notification.
• Parole Supervision for Life: Possible lifelong supervision after release from prison.
• Fines: Up to $200,000.

Keep in mind, that the minimum offer the prosecutor can make is 15 years imprisonment. This means they cannot go lower than 15 years in prison since the statute specifically prohibits them from doing so. 

What must the prosecutor prove?

According to the New Jersey Model Jury Charge, the prosecutor must prove the following elements beyond a reasonable doubt:

1. That the defendant committed an act of sexual penetration with another
   person.
2. That defendant acted knowingly.
3. That at the time of the penetration the victim was less than thirteen years old.

Per the NJ Model Jury Charge, “if you find that the State has failed to prove any of these elements beyond a reasonable doubt, then you must find the defendant not guilty of aggravated sexual assault.” This means that if the jury unanimously agrees that the prosecutor failed to prove just one of the elements above beyond a reasonable doubt, then the jury must find the defendant not guilty.

How Brett M. Rosen, Esq. Can Help You Fight Aggravated Sexual Assault Charges in Union County, New Jersey

Facing aggravated sexual assault charges in Union County, New Jersey can be an isolating and terrifying experience. Brett M. Rosen, Esq. is here to provide the comprehensive legal representation and unwavering support you need during this difficult time. We will:

• Thoroughly Investigate the Allegations: We will conduct a meticulous and independent investigation of the allegations against you. This may involve interviewing witnesses, reviewing medical records, analyzing forensic evidence, and uncovering any inconsistencies or biases in the accuser’s statements.
• Challenge the Prosecution’s Case: We will rigorously scrutinize the evidence against you, cross-examine witnesses, and raise doubts about the credibility and reliability of the prosecution’s case. We will look for any exculpatory evidence or alternative explanations that could cast doubt on the accusations.
• Develop a Strong Defense Strategy: We will tailor a defense strategy to your unique circumstances, exploring all available legal options.
• Negotiate with Prosecutors: If appropriate, we will negotiate with the prosecution to seek reduced charges, alternative sentencing options, or dismissal of the case.
• Provide Zealous Courtroom Representation: If your case goes to trial, you can trust Brett M. Rosen, Esq. to provide unwavering representation in court. We will fight for your rights, present a compelling defense, and ensure your voice is heard.

Potential Defenses Against Aggravated Sexual Assault Charges 

The specific defense strategy will depend on the facts of your case. However, some common defenses against aggravated sexual assault charges include:

• Consent: If the alleged victim willingly participated in the sexual activity, and you had a reasonable belief that they were consenting, this may be a defense. However, this defense will not apply if the victim is under 16 years of age.
• False Accusation: We will thoroughly investigate the motivations and credibility of the accuser. If we can prove that the accusations are false or motivated by malice, revenge, or other ulterior motives, this can be a powerful defense.
• Insufficient Evidence: If the prosecution’s case lacks sufficient evidence to prove the elements of aggravated sexual assault beyond a reasonable doubt, we can argue for dismissal of the charges.
• Mistaken Identity: If there is evidence suggesting that you were misidentified as the perpetrator, we can present this to the court.
• Procedural Errors: We will examine the police investigation and legal proceedings for any errors or misconduct that could lead to evidence being suppressed or the case dismissed. For example, if the police violated your rights during the arrest or interrogation, it could impact the admissibility of their evidence.
• Alibi: If you have evidence that you were not present at the time and place of the alleged assault, this can be a strong defense.
• Intoxication: While voluntary intoxication is not a defense to aggravated sexual assault, it may be relevant in certain situations, such as if it impacted your ability to form the required intent. However, this defense is complex and should be carefully considered with an attorney.

Frequently Asked Questions (FAQs)

1. What should I do if I am accused of aggravated sexual assault in Union County, NJ? The first and most crucial step is to remain silent and immediately contact an experienced criminal defense attorney like Brett M. Rosen, Esq. Do not discuss the case with anyone, including law enforcement, without legal counsel present.

2. Can I get an aggravated sexual assault charge expunged from my record in New Jersey? In general, aggravated sexual assault convictions are not eligible for expungement in New Jersey. However, there may be some exceptions for certain juvenile offenses or specific circumstances. Consult with an attorney to discuss your options.

3. What are the consequences of an aggravated sexual assault conviction on my employment? A conviction can lead to termination from your current job and make it difficult to find future employment, especially in fields requiring background checks or working with vulnerable populations.

4. What is Megan’s Law in New Jersey? Megan’s Law requires convicted sex offenders to register with the state and may require community notification. The level of notification depends on the offender’s risk level.

FAQs Continued

1. What is Parole Supervision for Life (PSL)? PSL is a form of parole that can be imposed on certain sex offenders after they have completed their prison sentence. It involves intensive supervision and monitoring for the rest of the offender’s life.

2. What are the consequences of an aggravated sexual assault conviction on my immigration status? If you are not a U.S. citizen, a conviction can lead to deportation or denial of naturalization.

3. What should I expect if I am charged with aggravated sexual assault? The process will involve an investigation, possible arrest, court appearances, and potentially a trial. The stakes are high, so it’s important to have an experienced attorney by your side every step of the way.

4. How long does an aggravated sexual assault case typically take in Union County, New Jersey? The timeline for resolving an aggravated sexual assault case can vary widely depending on the complexity of the case, the amount of evidence, and whether the case goes to trial.

5. Can I get my charges reduced or dismissed? In some cases, depending on the specific facts and evidence, it may be possible to negotiate a plea deal for reduced charges or have the charges dismissed entirely. An experienced attorney can help you explore these options.

Aggravated Sexual Assault Lawyer Union County, NJ

Facing aggravated sexual assault charges in Union County is a daunting prospect, but you don’t have to face it alone. Brett M. Rosen, Esq. is committed to providing you with the compassionate support, experienced guidance, and aggressive advocacy you need during this difficult time.

We will fight tirelessly to protect your rights, reputation, and future.

Call us today at 908-312-0368 or email us at brett@nynjcriminalcivilesq.com for a free and confidential consultation.