Ways to Defend Against Aggravated Sexual Assault Allegations in NJ

Aggravated sexual assault charges in New Jersey are some of the most serious criminal charges one can face, carrying the potential for significant prison time and sex offender registry requirements. Aggravated Sexual Assault is typically a first degree charge punishable with 10-20 years in prison. Since it is considered among the most egregious crimes in New Jersey, those convicted are also subject to the “No Early Release Act“ meaning the defendant must serve 85% of the prison sentence before becoming eligible for parole. As a result, the freedom, livelihood, and reputation of the accused is on the line and an expertly crafted defense strategy is absolutely essential. In these cases, the experienced NJ criminal defense lawyers at The Tormey Law Firm can play an invaluable role in reviewing and synthesizing all relevant evidence, challenging evidence and procedural errors in court, and building the strongest possible defense against the prosecution’s case.

Our accomplished team of sex crimes attorneys has extensive experience on both the prosecutorial and defense sides of these cases, which we use to prepare and execute the optimal defense strategies on behalf of our clients. We have been doing this for years, and we are passionate about winning and often saving our clients from long-term incarceration through dismissals, negotiations, and motions to suppress key evidence in their cases. If you or a loved one has been charged with aggravated sexual assault in Bergen County, Middlesex County, Union County, Hudson County, Ocean County, Somerset County, or another county in New Jersey, we encourage you to contact us right away for a free consultation. 24/7 availability at (201)-556-1570.

Strategies to Beat Aggravated Sexual Assault Charges in New Jersey

Determining if the Case was Properly Charged

Before developing additional defense strategies, the first step your criminal defense attorney should take is to determine if the charges in your case are appropriate. Under New Jersey law, aggravated sexual assault involves factors that elevate a sexual assault to a higher level. These factors can include an underage victim, a significant power imbalance between the accused and victim, or the presence of a weapon. By carefully examining all of the facts, your lawyer can determine if the allegations support an aggravated sexual assault charge of the first degree.Determining if the case was properly charged as an aggravated sexual assault is a crucial first step because it will set the foundation for your entire defense strategy.

Asking Key Questions from the Defense Perspective

There are several important questions your defense attorney will consider when making an initial assessment of the charges and evidence, like: Was the alleged victim actually a minor at the time of the offense? Was force used during the incident? Was there consent? Was there a misunderstanding about consent? Did the victim suffer any physical injuries or was it non-violent contact? Did the defendant have any supervisory control over the victim? Is there any explanation for the victim lying, like a recent breakup or any other credibility issues? Are there any witness statements? Is there any DNA evidence?

Finding Issues with the State’s Evidence

In a criminal prosecution, the government has the burden of proving each and every element of the offense with which you are charged beyond a reasonable doubt. Therefore, all of the prosecution’s evidence against you and any additional evidence available must be highly scrutinized to uncover whether the charge is not supported by the evidence or whether the evidence was improperly obtained by police, lacks credibility, or has been misinterpreted by the prosecution. Some common defense strategies that may form as a result of this review are highly effective to get the charges reduced or dismissed altogether.

Undermining the Consent Element of the Case

The sexual act may have been initially consensual but later communication was misinterpreted between the parties, the victim did not communicate their lack of consent or change in consent, or the victim felt pressured from an external source. If the defense can show that the victim gave consent voluntarily, this may undermine the aggravated nature of the criminal charge.

Highlighting Issues with the Witness’s Credibility

If the victim has a history of false accusation, provides inconsistent statements, or has some motivation to lie about the incident like financial gain, relationship conflicts, or revenge, then the defense can use this information to challenge the credibility of the victim’s testimony. Analyzing the victim’s state of mind, emotionally, psychologically, and physiologically, can also play an important role in the defense strategy, as mental health problems like PTSD, substance abuse issues, and psychological disorders can all impact the credibility and reliability of a victim’s statements, testimony, memory, and perspective.

If the victim was under the influence of drugs or alcohol, this information can greatly impact the reliability of their testimony. While they may not intend to lie, their perceptions may have been distorted by drugs or alcohol, leading them to incorrectly identify the perpetrator, provide inaccurate information in their testimony, or even fail to remember providing consent to a sexual act they later regret.

Challenging Flawed Forensic Evidence

The defense can challenge the admission, interpretation, or reliability of DNA evidence if there is any evidence that the DNA was collected in a faulty manner or that the testing procedures were flawed.

Presenting the Defendant’s Side of the Story

In some cases, the accused may have a completely different version of the story that contradicts the allegations against them. This approach can be helpful and particularly necessary when there is limited physical evidence in a case and the case comes down to one person’s story against the other’s.

• The Wrong Person was Charged: In cases where the victim did not clearly describe the accused or where the environment was dark or chaotic, making it possible that the accused was incorrectly identified as the perpetrator, mistaken identity may be a viable defense.
• The Event Never Occurred: If the accused has a strong alibi and/or there is evidence to suggest that the victim is not telling the truth, the accused may be able to argue that the incident did not occur at all.
• There is a Solid Explanation: When it comes to particular evidence presented by the prosecution to prove an element of the offense of aggravated sexual assault, the defense may provide an alternative explanation of the evidence. For example, DNA from the accused on the victim may be explained by consensual sexual contact.

Suppressing Evidence When Police Did Not Follow Proper Protocols

Procedural errors made by police during an arrest or investigation can potentially become a pivotal component of a defense strategy if procedural errors amounted to a violation of the accused’s constitutional rights, thereby rendering any evidence collected as a result of the procedural error inadmissible at trial. This most often comes up when an accused’s 4th or 5th Amendment rights are violated. An important defense strategy can be to file strategic pre-trial motions like motions to suppress evidence that was obtained by law enforcement through breaking procedural requirements, whether it involves searches that were conducted in violation of the defendant’s rights or confessions obtained through lack of proper police conduct when interrogating the defendant.

Evidence from an Illegal Search

An accused has a 4th Amendment right under the U.S. Constitution against unreasonable search and seizure. This means that, if the accused has a reasonable expectation of privacy in a particular area or situation, the police can only conduct a search with the individual’s consent or if an exception applies. If a search is conducted in violation of the individual’s 4th Amendment rights because they did not provide consent to the search and no exception existed under the circumstances, then any evidence discovered and collected as a result of the search are inadmissible at trial under the “fruits of the poisonous tree” doctrine.

If the defense can prove that a particular piece of evidence was obtained pursuant to an illegal search, then they can get that evidence excluded from the court record. If the prosecution is unable to prove their case beyond a reasonable doubt without that evidence, then this strategy can get the defendant acquitted from the charges against them.

Statements from an Unlawful Interrogation

The police may also violate an individual’s rights if they improperly interrogate them while in custody, in violation of their constitutional rights. If the accused informs the police that they do not wish to answer questions or that they will not answer questions without their attorney present, but the police continue to interrogate them, then any confession obtained by police as a result will be inadmissible at trial, as it was obtained through the violation of the accused’s rights.

Negotiating with the Prosecution for a Better Outcome

Finally, engaging in plea negotiations with the prosecution can be an effective strategy to reach a more favorable outcome for the accused and mitigate the risks associated with going to trial. Typically, in a plea agreement, the accused will stipulate to certain facts and /or plead guilty to a lesser charge. In some cases, a plea agreement might be in the accused’s best interest, however, a plea agreement is also not something you should rush into without fully understanding your rights, the strength of the case against you, your likelihood of success at trial, and the potential penalties you face if convicted of a higher degree offense.

Consult NJ Aggravated Sexual Assault Attorneys to Begin Working on Your Defense

Aggravated sexual assault charges in New Jersey are very serious and require a comprehensive defense strategy that is tailored to the specific facts of the case. A thorough and meticulous review of all the relevant facts, including information about how any and all evidence was obtained by law enforcement, is necessary to craft an effective defense. If you or a loved one is facing an allegation of aggravated sexual assault, it is critical that you obtain legal counsel from attorneys who are both experienced and knowledgeable in this area of law to combat these charges and protect your rights in court.

The Tormey Law Firm fights for clients accused of aggravated sexual assault statewide in NJ, including in Monmouth County, Passaic County, Essex County, Morris County, Sussex County, and Atlantic County. Contact us now at (201)-556-1570 for immediate assistance from a talented sex crimes defense lawyer on our team.