Lewdness Defense Attorney Elizabeth, NJ: Brett M. Rosen, Esq. - Protecting Your Rights and Reputation

Lewdness Charge Lawyer in Elizabeth, NJ

Lewdness Defense Attorney Elizabeth, NJ

Lewdness Defense Attorney Elizabeth, NJ

Being accused of lewdness in Elizabeth, New Jersey, can be a distressing and embarrassing experience. The stigma associated with such charges can have a devastating impact on your personal and professional life. If you’re facing a lewdness charge, seeking immediate legal representation from an experienced attorney is essential to protect your rights, reputation, and future.

Facing a Lewdness Charge in Elizabeth, NJ?

Retaining Brett M. Rosen for a lewdness charge in Elizabeth, NJ, can be beneficial for several reasons:

  1. Expertise and Certification: Brett M. Rosen is certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. This certification indicates a high level of expertise and experience in criminal defense. Approximately less than 1% of attorneys in New Jersey hold this distinction. 

  2. Proven Track Record: He has a history of successful outcomes, including acquittals and dismissals, which demonstrates his ability to effectively navigate the legal system.

  3. Comprehensive Defense Strategy: Rosen is known for his meticulous and assertive approach, particularly during cross-examinations. He crafts defense strategies that resonate with judges and juries.

  4. 24/7 Availability: Understanding that legal issues can arise at any time, Rosen offers round-the-clock availability to address urgent client needs.

  5. Compassionate Representation: Given the sensitive nature of lewdness cases, Rosen and his team provide compassionate support while ensuring the highest quality legal representation.

If you or someone you know is facing such charges, having an experienced and dedicated attorney like Brett M. Rosen can make a significant difference in the outcome of the case. Would you like more information on how to contact him or details about his services? Call him today for a free consultation at 908-312-0368 or by email at brett@nynjcriminalcivilesq.com. 

Understanding Lewdness Charges in New Jersey

Lewdness Defense Lawyer Elizabeth, New Jersey

Lewdness is a broad term encompassing various sexually suggestive or offensive acts committed in public or in view of others. New Jersey Statute 2C:14-4 defines lewdness as an act of exposing the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of another person under circumstances where the actor knows or reasonably expects he is likely to be observed by a child less than 13 years old where the actor knows that the child is present.

Common Examples of Lewdness Charges:

  • Public urination
  • Indecent exposure
  • Public masturbation
  • Engaging in sexual acts in public view
  • Lewd gestures or comments

Severity of the Offense

The severity of a lewdness charge in New Jersey can vary depending on several factors, including:

  • The age of any potential observers: If a child under 13 is present or could reasonably be expected to observe the act, it is a fourth-degree crime, the equivalent of a felony in other states.
  • The mental state of any potential observers: If the observer is unable to comprehend the sexual nature of the act due to a mental disability, it is also a fourth-degree crime.
  • The intent of the actor: If the act is done for the purpose of sexual arousal or gratification, it is more likely to be considered a crime.
  • Prior convictions: If you have prior convictions for lewdness or other sexual offenses, you may face enhanced penalties.

In most other situations, lewdness is charged as a disorderly persons offense, which is comparable to a misdemeanor in other states.

Potential Penalties for Lewdness in NJ

  • Fourth-degree crime: Up to 18 months in prison and a fine of up to $10,000
  • Disorderly persons offense: Up to 6 months in jail and a fine of up to $1,000

Beyond jail time and fines, a lewdness conviction can have other serious consequences, such as:

  • Registration as a sex offender under Megan’s Law: Depending on the circumstances of your case, you may be required to register as a sex offender, which can severely impact your personal and professional life.
  • Difficulty finding employment or housing: A criminal record, particularly one involving a sexual offense, can make it difficult to secure employment or housing.
  • Damage to your reputation: A lewdness conviction can tarnish your reputation and cause significant embarrassment and shame.

Defenses Against Lewdness Charges in New Jersey

Best Lewdness Defense Lawyer in Elizabeth, New Jersey

If you’re facing a lewdness charge, there are several potential defenses that an experienced attorney can explore on your behalf:

  1. Lack of intent: The prosecution must prove that you intentionally exposed yourself or engaged in the lewd act for the purpose of sexual arousal or gratification. If you can show your actions were accidental, unintentional, or had a non-sexual purpose, it may undermine the prosecution’s case.

  2. Mistake of fact: If you genuinely believed you were in a private place where no one could observe you, this could be a defense. However, it’s important to note that a reasonable person standard applies; your belief must be one that a reasonable person would hold under the same circumstances.

  3. Insufficient evidence: The prosecution’s case relies on proving beyond a reasonable doubt that you committed the alleged act. If there are inconsistencies in witness testimony, lack of physical evidence, or other weaknesses in the prosecution’s case, your attorney can challenge the sufficiency of the evidence.

  4. Constitutional violations: If your rights were violated during the investigation or arrest, such as an illegal search or seizure, your attorney can file motions to suppress any evidence obtained in violation of your constitutional rights.

  5. False accusations: Unfortunately, false accusations can happen. Your attorney can investigate the circumstances and challenge the credibility of the accuser.

FAQs about Lewdness Charges in Elizabeth, New Jersey

  1. Can I be charged with lewdness even if no one actually saw me?
  • Potentially, yes. In New Jersey, the law focuses on whether you reasonably expected to be observed by others, even if no one actually witnessed the act.
  1. What if I was just urinating in public because I couldn’t find a restroom?
  • While public urination is generally considered a lesser offense, it could still fall under the umbrella of lewdness, especially if done in a manner that could be perceived as sexually suggestive or offensive.
  1. Can a lewdness charge be expunged from my record?
  • In some cases, a lewdness conviction may be eligible for expungement after a certain period. However, the expungement process is complex, and eligibility depends on various factors, including the severity of the offense and your criminal history.
  1. Will a lewdness conviction affect my ability to travel?
  • Depending on the severity of the conviction and the countries you wish to visit, a lewdness conviction could impact your ability to travel internationally. Certain countries may deny entry to individuals with criminal records, particularly those involving sexual offenses.
  1. What are some examples of situations where a lewdness charge might be dismissed or reduced?
  • If the evidence is weak or circumstantial
  • If there are significant inconsistencies in witness testimony
  • If your actions were not motivated by sexual intent
  • If there were violations of your constitutional rights during the investigation or arrest

Additional FAQs

  • Can I be charged with lewdness if I was in my own home?
    • Generally, lewdness charges require the conduct to occur in public or in a place where others are likely to observe. However, if your actions were visible from a public area or could be seen by neighbors or passersby, you could still face charges.
  • What if I was intoxicated at the time of the alleged offense?
    • Intoxication is generally not a defense to lewdness charges. However, it may be considered a mitigating factor in sentencing if it impaired your judgment or contributed to your behavior.
  • Will I have to register as a sex offender if I’m convicted of lewdness?
    • Whether you’ll be required to register as a sex offender depends on the specific circumstances of your case and the judge’s discretion. Certain factors, such as the age of the victim or your prior criminal history, can increase the likelihood of registration.
  • Will a lewdness conviction affect my employment?
    • A lewdness conviction can have serious consequences for your employment, especially if you work with children or in a position of trust. It can also affect your ability to obtain certain professional licenses.
  • How can a criminal defense attorney help me fight a lewdness charge?
    • An experienced attorney like Brett M. Rosen, Esq., can:
      • Thoroughly investigate the allegations and gather evidence to support your defense
      • Challenge the prosecution’s evidence and witness testimony
      • Negotiate with the prosecutor for a reduced charge or alternative sentencing
      • Advocate for you in court and present a strong defense

Why Choose Brett M. Rosen, Esq. as Your Lewdness Defense Attorney?

2C:14-4 Defense Lawyer in Elizabeth, New Jersey

  • Extensive experience: Mr. Rosen has a deep understanding of New Jersey’s sex crime laws and has successfully defended clients against various charges, including lewdness.
  • Compassionate and discreet representation: He understands the sensitive nature of lewdness charges and will handle your case with the utmost discretion and respect.
  • Aggressive defense: He will fight tirelessly to protect your rights and reputation, exploring every possible defense and legal strategy.
  • Personalized attention: He will provide you with individualized support and guidance throughout the legal process, ensuring you understand your options and feel empowered to make informed decisions.
  • Proven results: He has a track record of achieving favorable outcomes for his clients, including dismissals, reduced charges, and acquittals.

Don’t Face a Lewdness Charge in Elizabeth, New Jersey Alone!

Facing a lewdness charge in Elizabeth, NJ, can be a challenging and overwhelming experience. Don’t face it alone. Brett M. Rosen, Esq., is a seasoned criminal defense attorney with the knowledge, experience, and compassion to guide you through this difficult time. He will provide you with the dedicated and aggressive representation you need to protect your rights, reputation, and future.

Contact him today for a free and confidential consultation. 908-312-0368 & brett@nynjcriminalcivilesq.com.

Brett is very professional and smart, I would recommend him to anyone that is looking for an attorney that will take their case seriously and prove their innocence. As court dates kept getting adjourned and pushed back Brett kept his patience and kept his drive to win my case. He went above and beyond to prove I was innocent and kept we in the loop with everything throughout the case. He’s one of NJ’s finest attorneys.
Earl