Facing Lewdness Charges in Union County, NJ? Brett M. Rosen, Esq. is Your Dedicated Defender.
Lewdness Attorney Union County, NJ
Have you been arrested or charged with lewdness in Union County, New Jersey? An accusation of lewdness can be deeply distressing and carries significant legal and social consequences. Whether the allegations are accurate or based on a misunderstanding, it’s crucial to seek immediate legal representation to protect your rights and reputation.
Brett M. Rosen, Esq., is a leading criminal defense lawyer in New Jersey with extensive experience defending clients against lewdness charges. He’s also certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This distinction is held by approximately less than 1% of attorneys in New Jersey. We understand the complexities of these cases, the sensitive nature of the allegations, and the potential impact on your life. Our team of skilled attorneys is committed to providing you with aggressive representation, compassionate support, and personalized legal strategies to achieve the best possible outcome.
Understanding Lewdness Charges in New Jersey: N.J.S.A. 2C:14-4
In New Jersey, lewdness is a criminal offense that involves exposing one’s genitals for the purpose of arousing or gratifying sexual desire in circumstances where the actor knows or reasonably expects that the act is likely to be observed by others who would be offended or alarmed.
Key Elements of Lewdness:
- Exposure of Genitals: The act must involve the exposure of the genitals, not simply nudity.
- Purpose of Arousal or Gratification: The intent behind the exposure must be to achieve sexual arousal or gratification.
- Likelihood of Observation by Others: The actor must know or reasonably expect that their act is likely to be seen by others who would be offended or alarmed.
Lewdness as a Disorderly Persons Offense or Fourth-Degree Crime
Lewdness can be charged as either a disorderly persons offense (a misdemeanor) or a fourth-degree crime (a felony), depending on the circumstances:
- Disorderly Persons Offense: If the act of lewdness did not involve a minor or someone with a mental defect, it is typically charged as a disorderly persons offense.
- Fourth-Degree Crime: If the act of lewdness was committed in the presence of a child under the age of 13 or a person with a mental defect who would not understand the sexual nature of the act, it is typically charged as a fourth-degree crime.
Penalties for Lewdness in Union County, NJ
The penalties for lewdness can be severe, depending on the degree of the offense and any prior convictions:
- Disorderly Persons Offense:
- Up to 6 months in jail.
- Fines up to $1,000.
- Fourth-Degree Crime:
- Up to 18 months in prison.
- Fines up to $10,000.
In addition to these penalties, a lewdness conviction can result in:
- Megan’s Law Registration: In some cases, individuals convicted of lewdness may be required to register as sex offenders under Megan’s Law.
- Community Supervision for Life (CSL): In some cases, you may be subject to lifelong parole supervision, even after completing your sentence.
- Other Consequences: Additional penalties may include community service, counseling, and restrictions on your internet use. A conviction can also lead to a loss of professional licenses, damage to your reputation, and difficulties with employment, housing, and personal relationships.
How Brett M. Rosen, Esq. Can Defend You Against Lewdness Charges
Facing lewdness charges can be a traumatic experience. Brett M. Rosen, Esq. is committed to providing you with compassionate support and aggressive representation. We will:
- Thoroughly Investigate the Allegations: We will meticulously review all evidence against you, including witness statements, police reports, video footage, and any other relevant information.
- Challenge the Prosecution’s Case: We will scrutinize the evidence for weaknesses, inconsistencies, and potential violations of your rights. We may challenge the credibility of witnesses, the admissibility of evidence, or the applicability of the law to your case.
- Explore All Potential Defenses: We will tailor a defense strategy to your specific circumstances, exploring all available legal options.
- Negotiate with Prosecutors: We will work to negotiate with the prosecution to seek reduced charges, alternative sentencing options, or dismissal of the case if possible.
- Provide Skilled Courtroom Representation: If your case goes to trial, we will provide experienced and aggressive representation in court. We will fight for your rights, challenge the prosecution’s evidence, and present a compelling case in your defense.
Potential Defenses Against Lewdness Charges in Union County, New Jersey
The specific defense strategy for your case will depend on the unique facts and circumstances. However, some common defenses against lewdness charges include:
- Lack of Intent: We can argue that you did not have the intent to arouse or gratify sexual desire, or that your actions were accidental or unintentional.
- False Accusation: We can investigate the circumstances and motives behind the accusations, raising questions about the accuser’s credibility or potential ulterior motives.
- Insufficient Evidence: If the prosecution cannot prove all the elements of lewdness beyond a reasonable doubt, we can argue for dismissal of the charges.
- Mistake of Fact: We may argue that you mistakenly believed you were in a private place or that your actions were not likely to be observed by others.
- Constitutional Violations: We will examine the police investigation and legal proceedings for any violations of your constitutional rights, such as illegal search and seizure or lack of Miranda warnings.
Frequently Asked Questions About Lewdness Charges in Union County
- What should I do if I am accused of lewdness in Union County, NJ? The most important thing 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.
- What are the penalties for lewdness in New Jersey? The penalties depend on whether the charge is a disorderly persons offense or a fourth-degree crime. They can range from fines and probation to up to 18 months in prison.
- Can a lewdness charge be expunged from my record in New Jersey? In some cases, it may be possible to expunge a lewdness conviction after a waiting period, depending on the specific charge and your criminal history.
- 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.
- What is Community Supervision for Life (CSL)? CSL 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.
- Will a lewdness conviction affect my employment? A lewdness conviction can have serious consequences for your employment, including termination, difficulty finding new employment, and restrictions on certain types of jobs.
- What if I was just urinating in public and didn’t intend to arouse anyone? Public urination is a separate offense, not necessarily lewdness. However, if the prosecution can prove you exposed yourself with the intent to arouse or gratify sexual desire, you could still be charged with lewdness.
- What if the alleged victim is a minor? If the alleged victim is under the age of 13, the charge will be upgraded to a fourth-degree crime, carrying harsher penalties.
- Can I be charged with lewdness if no one actually saw me? Even if no one witnessed the act, you can still be charged with lewdness if you knew or reasonably should have known that someone could have seen you.
- What are some examples of behaviors that could be considered lewdness?
- Public masturbation
- Exposing genitals in public for sexual gratification
- Engaging in sexual acts in public where others could observe
- Indecent exposure
Don’t Face Lewdness Charges in Union County, NJ Alone – Contact Brett M. Rosen, Esq. Today
If you are facing lewdness charges in Union County, New Jersey, it’s important to seek experienced legal counsel. 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.