New Jersey Aggravated Sexual Assault Lawyers

“A conviction for aggravated sexual assault or another sex crime in New Jersey can follow you for the rest of your life.”

Bergen County Sex Crimes Attorneys with Offices in Hackensack, NJ

Aggravated Sexual Assault Charges NJ

An aggravated sexual assault charge can haunt you for the rest of your life. If you are convicted, not only will you face mandatory prison time; you will also be subject to sex offender registration requirements which will make it difficult for you to maintain a job in the future. That’s why it is imperative that you seek legal representation the instant you are accused of aggravated sexual assault or any other sex crime in New Jersey.

The Tormey Law Firm is a team of aggressive criminal defense attorneys who will do everything possible to win your sex crime case. We understand the nuances of sexual assault law in New Jersey because we’ve got years of experience as both prosecutors and defense attorneys. Travis J. Tormey, the firm’s founding partner, worked with the sex crimes unit at the United States Attorney’s Office. Moreover, Mr. Tormey previously worked at two of the largest criminal defense firms in the State of New Jersey. Additionally, our firm’s litigation team includes a former county and municipal prosecutor who regularly handled these kinds of cases. Now, Mr. Tormey and our defense team are fighting on behalf of defendants like you. Call our local office in Bergen County at (201)-556-1570 to discuss your case and how we can be of assistance. The consultation is free and we are available 24/7 to best serve your needs.

Aggravated Sexual Assault in New Jersey: N.J.S.A. 2C:14-2(a)

Depending upon the circumstances, your sexual assault charge could be classified as unwanted sexual contact or the more serious form of aggravated sexual assault.

Aggravated sexual assault is classified as a first degree felony because it typically involves an act of sexual penetration with a minor. If the victim less than 13 years old, the offender will likely be charged with first degree aggravated sexual assault. Another instance in which the more serious charge of aggravated sexual assault will be brought against you is if the victim is less than 16 years old and you had supervisory or disciplinary power over the victim.

It is also possible to be charged with aggravated sexual assault even if the victim was an adult. For instance, the elevated charges could be brought if you are accused of committing the sexual assault while armed with a weapon and issuing threats against the victim. In some cases, you can be charged with aggravated sexual assault if you used physical force or coercion during the assault and the victim sustained severe injuries.

What it Means to be Charged with an Aggravated Sexual Assault Offense in NJ

Pursuant to N.J.S.A. 2C:14-2(a), a defendant is guilty of aggravated sexual assault if he or she commits an act of sexual penetration under these circumstances:

• The victim is less than 13 years old;
• The victim is at least 13 but less than 16 years old; and
  1. The actor is related by blood, or
  2. The actor has supervisory or disciplinary power over the victim (legally, professionally, or through occupational status), or
  3. The actor is a resource family parent, guardian or stands in loco parentis within the household;
• The act is committed during the commission or attempted commission of another criminal offense, including but not limited to: robbery, carjacking, kidnapping, homicide, aggravated assault on the victim or another person, burglary, arson, or criminal escape
• The actor was armed with a weapon or any object fashioned in a way that would have lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;
• The actor is aided or abetted by one or more other persons and the actor commits the act using coercion or without the victim; s affirmative and freely-given permission;
• The actor commits the act using coercion or without the victim’s affirmative and freely-given permission and severe personal injury is sustained by the victim;
• The victim, at the time of sexual penetration, is one whom the actor knew or should have known was:
  1. physically helpless or incapacitated;
  2. intellectually or mentally incapacitated; or
  3. had a mental disease of defect which rendered the victim temporarily or permanently incapable of understanding the distinctively sexual nature of the conduct.

What are the Penalties for Aggravated Sexual Assault in New Jersey?

The penalties for aggravated sexual assault are severe and often include lengthy prison sentences. Even in the best cases, you will have to deal with the negative consequences of a sex crime conviction. The stigma of a conviction will change the rest of your life for the worse. You could find it difficult to secure employment or educational opportunities in the future. You might also wake up one day to realize that your family and friends have deserted you because of the social stigma that comes with a sex crime conviction.

A conviction for first degree aggravated sexual assault will result in a sentence of 10–20 years in New Jersey State Prison. Moreover, first degree felonies in New Jersey carry a presumption of incarceration; you will not be eligible for a probationary sentence if you are convicted. Sometimes, the penalties for the conviction of aggravated sexual assault are even more severe and result in an extensive period of incarceration. For example, by statute, a person convicted under paragraph (1) of this subsection shall be sentenced to a specific term of between 25 years and life imprisonment.

Additionally, the mandatory minimum sentence will be extended due to the seriousness of the offense. Since aggravated sexual assault is one of the offenses enumerated in the No Early Release Act (NERA), you will be required to serve at least 85 percent of your sentence before becoming eligible for parole.

What is the difference between aggravated sexual assault and sexual assault?

Despite the offenses being “housed” under the same statute, there is a distinction between the two that denote a different felony degree. When understanding what indicates aggravated sexual assault, one can look toward an “aggravating” or worsening factor surrounding the alleged assault. Subsection (a) of the statute highlights certain circumstances in the context of the sexual penetration which includes the age of the victim, other surrounding circumstances like committing or attempting the perpetration of a crime, and more. As a result, aggravated sexual assault is the most serious sex crime in New Jersey. Thus, although the two offenses are separate under the statute, they are both felonies that carry extreme penalties.

Another notable difference between aggravated sexual assault and sexual assault are the elements proven by the State. For aggravated sexual assault, the State must prove the elements for sexual assault in addition to the aggravating factor during the commission of the crime. Whereas, for strictly sexual assault cases, the State must prove the elements for sexual assault.

Let Us Help You Combat Aggravated Sexual Assault Accusations in Bergen County, NJ

Remember, Aggravated Sexual Assault is a first-degree crime in the State of New Jersey, which means an individual accused of such faces severe penalties including substantial prison time, being placed on a sex offender registry, considerable monetary fines, social stigmas and more. It is understandable if you are afraid and a little embarrassed about your situation. However, it is important that you take the first step and contact an experienced sex crimes defense attorney; the stakes are too high for you to delay.

The Tormey Law Firm is prepared to help you fight aggravated sexual assault charges in Bergen County, New Jersey. If you have been accused of sexual assault or are under investigation for any sex crime, please contact us now at 201-556-1571. You can also email us to schedule a free, confidential meeting at our office in Hackensack, NJ.