Elizabeth, NJ Criminal Sexual Contact Charges: Protect Your Rights, Reputation, & Future

Criminal Sexual Contact Charge Attorney in Elizabeth, NJ

criminal sexual contact charge lawyer in Elizabeth, New Jersey

Facing criminal sexual contact charges in Elizabeth, New Jersey? The impact of these allegations can be devastating, affecting every aspect of your life. Retaining Brett M. Rosen for a criminal sexual contact charge in New Jersey could be crucial for several reasons: Proven Track Record: Brett M. Rosen has demonstrated his ability to handle complex and sensitive cases, including those involving sexual assault charges. His reputation as a passionate and dedicated lawyer is underscored by his track record of success in complex cases, including a notable victory in a high-profile sexual assault trial. His strategic defense methods, meticulous cross-examination, and ability to connect with juries have earned him the title of New Jersey’s youngest star lawyer. When his client, a karate instructor, faced grave accusations of sexual assault from an 11-year-old student, Rosen stepped up to the challenge. His client, who could have faced a lengthy prison sentence and lifetime parole supervision, was under serious threat. The four-week trial was a high-stakes battle, with testimonies from the victim, her mother, a law enforcement detective, a Special Victims Unit agent, and a number of defense witnesses. Rosen’s unwavering assertiveness led to the jury delivering a not-guilty verdict on all charges after an intense eight-hour deliberation. The result was a testament to Rosen’s legal prowess and dedication. Once under threat of life-altering consequences, his client was now free to return to his everyday life and job, even planning a visit to his family in Puerto Rico. 

Contact him today for a free consultation at 908-312-0368. 

Understanding Criminal Sexual Contact in Elizabeth, New Jersey: N.J.S.A. 2C:14-3

New Jersey law defines criminal sexual contact (N.J.S.A. 2C:14-3) as intentional touching of another person’s intimate parts for the purpose of degrading or humiliating the victim or for the actor’s own sexual gratification. This can include touching over or under clothing.

The severity of the charge can vary depending on several factors:

  • Use of Force: If force or coercion is used, the charge can be elevated to aggravated criminal sexual contact, a third-degree crime.
  • Relationship to Victim: If the actor is in a supervisory or disciplinary role over the victim (e.g., teacher, coach), the charge may be more severe.

Consequences of a Criminal Sexual Contact Conviction

  • Prison Time:
    • Third-degree: 3-5 years
    • Fourth-degree: Up to 18 months
  • Fines: Up to $15,000 (third-degree) or $10,000 (fourth-degree)
  • 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

Penalties Chart of Criminal Sexual Contact

AspectDescriptionAdditional Notes
Definition

An act of sexual contact with a victim under any of these circumstances:

* Victim is less than 13 years old

* Victim is 13-16, and the actor is at least 4 years older, AND: – Has supervisory/disciplinary power over the victim – Is the victim’s foster parent/guardian – Is related to the victim

* Actor uses force/coercion

* Victim is helpless or incapacitated

* Actor is a health care professional, and the contact is for actor’s gratification

* “Sexual contact” is defined as intentional touching, for the purpose of arousing or gratifying sexual desire, of intimate parts (even through clothing)
Degree of Crime

* 4th degree crime (general cases)

* 3rd degree crime IF: – Victim is under 13 – Actor used physical force/coercion

 
Potential Penalties

* 4th Degree:

– Up to 18 months in prison – Fine up to $10,000

* 3rd Degree:

– 3-5 years in prison – Fine up to $15,000

 
Additional Consequences
* Criminal record
* Megan’s Law registration
* Parole Supervision for Life 
* Loss of child custody/visitation rights
* Difficulty with employment, housing, etc.
* Potential immigration consequences (for non-citizens)
 
Examples

* Groping someone without their consent

* Fondling intimate parts over or under clothing

* Forcing someone to touch your intimate parts

This is NOT an exhaustive list. Consult an attorney for specific case analysis.

Defending Against Criminal Sexual Contact Charges in Elizabeth, NJ:

criminal sexual contact charge attorney in Union County, New Jersey

Facing criminal sexual contact charges in Elizabeth, New Jersey can be overwhelming, but understanding your legal options is the first step towards a strong defense. Here are some potential defenses we may employ, depending on the specifics of your case:

  1. False Accusation:
  • Motive to Lie: We’ll investigate whether the accuser has a motive to fabricate or exaggerate the allegations, such as revenge, jealousy, or a custody dispute.
  • Inconsistent Statements: If the accuser’s story has changed or contradicts other evidence, it can undermine their credibility.
  1. Consent:
  • Affirmative Consent: If the alleged victim was of legal age and provided clear, voluntary consent to the sexual contact, it may not be considered a crime.
  • Mistaken Belief of Consent: Even if the accuser didn’t actually consent, we can argue that you genuinely believed they did based on their words or actions.
  1. Lack of Evidence:
  • Insufficient Proof of Contact: The prosecution must prove beyond a reasonable doubt that the alleged sexual contact occurred. If the evidence is weak, circumstantial, or unreliable, we can challenge it.
  1. Misidentification:
  • Wrong Person: You may have been wrongly identified as the perpetrator. We can present alibi evidence, witness testimony, or other evidence to prove you were not involved.
  1. Constitutional Violations:
  • Illegal Search and Seizure: If law enforcement obtained evidence against you illegally (e.g., without a warrant), we can move to have it suppressed in court.
  • Miranda Rights Violations: If you weren’t properly informed of your rights before making a statement, that statement may be inadmissible.

Additional Considerations:

  • Fabrication of Evidence: In rare cases, the accuser or someone else may have fabricated 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, this may be a mitigating factor.

Important Note:

The specific defenses applicable 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 build a strong defense on your behalf.

FAQs About Criminal Sexual Contact Charges in Elizabeth, NJ

  • Q: What is considered criminal sexual contact in New Jersey?
    • A: Criminal sexual contact is the intentional touching of another person’s intimate parts for the purpose of humiliating or degrading them, or for sexual arousal or gratification. This includes touching over or under clothing.
  • Q: What are the penalties for criminal sexual contact?
    • A: The penalties vary depending on the age of the victim and the use of force:
      • Third-degree (aggravated sexual contact): 3-5 years in prison.
      • Fourth-degree (victim 13-16, actor 4+ years older): Up to 18 months in jail and fines up to $10,000.
      • Additional penalties may include mandatory registration as a sex offender and lifelong parole supervision.
  • Q: What if the alleged victim consented?
    • A: Consent is a valid defense if the victim was of legal age and gave clear, voluntary consent. However, consent cannot be given by a minor, someone under the influence, or someone who is mentally incapacitated.
  • Q: I’ve been falsely accused. What should I do?
    • A: If you’ve been falsely accused, it’s crucial to contact an attorney immediately. Do not speak to the police or anyone else about the allegations without legal counsel.
  • Q: Will I have to register as a sex offender if I’m convicted?
    • A: If you are convicted of criminal sexual contact, depending on the degree of the charge, you may be required to register under Megan’s Law.
  • Q: Can I get a criminal sexual contact charge expunged from my record?
    • A: Expungement of criminal sexual contact charges is very difficult and often not possible. However, an attorney can advise you on the specific laws and options in your case.

Additional FAQs 

  • Q: How much does it cost to hire a lawyer for a criminal sexual contact case in Elizabeth?
    • A: Legal fees vary depending on the complexity of the case and the experience of the lawyer. Brett M. Rosen, Esq., offers free consultations to discuss your case and our fees.
  • Q: What are my chances of getting the charges dismissed or reduced?
    • A: The outcome of your case depends on many factors, including the strength of the evidence, the credibility of witnesses, and the legal arguments presented by your attorney. An experienced attorney can assess your case and work towards the best possible outcome.
  • Q: What if I was just joking or didn’t mean to hurt anyone?
    • A: Intent is a key element of criminal sexual contact. However, even if you didn’t intend to cause harm, the impact on the victim and the legal consequences can still be severe. It’s important to consult with an attorney to understand your options.
  • Q: What is the difference between criminal sexual contact and sexual assault in New Jersey?
    • A: While both involve unwanted sexual contact, sexual assault typically involves penetration, while criminal sexual contact focuses on touching of intimate parts without penetration. Aggravated versions of both crimes exist with harsher penalties.
  • Can I be charged with criminal sexual contact if the touching was accidental?
    • A: No, the touching must be intentional for it to be considered criminal sexual contact. However, proving intent can be complex, so consulting an attorney is essential to build a strong defense.
  • What if the alleged victim is my spouse or partner? Can I still be charged?
    • A: Yes, you can be charged with criminal sexual contact even if the alleged victim is your spouse or partner. New Jersey law recognizes that sexual assault can occur within any relationship, including marriages and domestic partnerships.   
Extra FAQs on Criminal Sexual Contact
  • What if I was intoxicated or under the influence of drugs during the alleged incident?
    • Answer: Voluntary intoxication or drug use is not a defense to criminal sexual contact. However, in some cases, it might be used to argue that you were unable to form the necessary intent for the crime.

  • What are the potential consequences of a criminal sexual contact conviction on my employment prospects?
    • Answer: A conviction can significantly impact your employment opportunities, particularly in fields involving children, vulnerable populations, or positions requiring a background check. It can also lead to the loss of professional licenses.   

  • Can a criminal sexual contact conviction affect my ability to travel internationally?
    • Answer: Depending on the country and the severity of the offense, a conviction might impact your ability to obtain a visa or enter certain countries. Some countries have strict entry requirements for individuals with sex offense convictions.   

  • What if I’m facing multiple charges related to the same incident?
    • Answer: If you’re facing multiple charges stemming from the same incident, such as sexual assault and aggravated assault, it’s crucial to have an experienced attorney who can develop a comprehensive defense strategy that addresses all aspects of your case.

  • How long will it take to resolve my criminal sexual contact case?
    • Answer: The timeline varies based on factors like the complexity of the case, court backlog, and whether you choose to go to trial. An experienced attorney can help expedite the process while ensuring your rights are protected.  

  • What if English is not my first language? Can I still get legal help for a criminal sexual contact charge?
    • Answer: Yes, many criminal defense attorneys in Elizabeth, NJ, are fluent in multiple languages or have access to interpreters. Communication is key, and we’ll ensure you fully understand the charges and legal process.

Remember: Facing criminal sexual contact charges is a serious matter. Seeking legal counsel as early as possible is crucial to protect your rights and future.

Why Choose Brett M. Rosen, Esq. for Your Elizabeth, NJ Defense?

Criminal Sexual Contact Lawyer in Elizabeth, New Jersey

  • Experience in Sex Crimes Defense: Attorney Rosen has a deep understanding of New Jersey’s sex crime laws and a proven track record of defending clients against these sensitive charges.
  • Compassionate & Confidential Representation: We provide discreet, non-judgmental support throughout the legal process.
  • Thorough Investigation: We rigorously investigate the allegations, examine evidence, and identify any inconsistencies or weaknesses in the prosecution’s case.
  • Strong Defense Strategies: We develop personalized defense strategies tailored to the specifics of your case, which may include:
    • Challenging witness credibility
    • Highlighting lack of evidence
    • Raising consent defenses
    • Exploring alternative explanations

Don’t Let a False Accusation Ruin Your Life

False accusations of criminal sexual contact can have devastating consequences. Don’t face these charges alone. Contact Brett M. Rosen, Esq. today for a confidential consultation.

Call 908-312-0368 or email us at brett@nynjcriminalcivilesq.com to schedule your free consultation.

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.

I recommend to hire. Excellent help and support. No words to thank everyone on the team and Mr Rosen. They got my case and did everything for me with excellence and professionalism. Mr Rosen once again, my great appreciation for all your effort and dedication. Regards and much success to you. Again, I am please that I got you as my attorney. I hired Brett to defend me in a case that could have had potentially serious repercussions, and was personal in nature. I was very pleased with Brett’s professionalism and his very precise understanding of the legal options for my situation. I haven’t had to deal with many legal/law matters, so I really appreciated Brett’s patience and clear communication. I know that in any delicate situation we need someone that we can trust and have knowledge of a legal matters.
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