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Mercer County Aggravated Criminal Sexual Contact Lawyer
Aggravated criminal sexual contact is a serious criminal offense that carries with it life changing consequences if convicted. Not only does this offense carry with it the potential for up to five (5) years in a State Prison but mandatory Megan’s Law registering and Parole Supervision for Life. If you have been charged with aggravated criminal sexual contact, criminal sexual contact, endangering the welfare of a child, sexual assault or aggravated sexual assault in Mercer County, the Law Offices of Proetta & Oliver can help. Since aggravated criminal sexual contact is considered a “sex offense” it will be handled by the special victims unit (SVU) of the Mercer County Prosecutor’s Office. The fact that a special unit inside the prosecutor’s office has been created just to prosecute these types of offense should be a sign that these offense are very complex and as such require the assistance of an experienced criminal defense attorney.
Looking for Aggravated Criminal Sexual Contact Lawyer Near Me
The Law Offices of Proetta & Oliver defend clients accused of aggravated criminal sexual contact in towns throughout Mercer County. Those towns include Hamilton, Ewing, Trenton, West Windsor, East Windsor, Hopewell and Princeton. Mr. Oliver has represented clients accused of not only aggravated criminal sexual contact but criminal sexual contact, aggravated sexual assault, invasion of privacy, sexual assault, endangering the welfare of a child, luring and possession of child pornography throughout his career. We are well aware of what being accused let alone being convicted of one of those offenses can do to one’s life. If you would like to come into our office for a free face to face consultation then please contact us at (609) 789-0779. We can sit down and discuss the specific facts of your case and formulate a game plan that works to cover your needs. We understand that no two clients are the same. As such we will craft a defense that works best to achieve your desirable result. Now here is some more information on aggravated criminal sexual contact charges in New Jersey.
Aggravated Criminal Sexual Contact Charges in Hamilton NJ
The New Jersey statute for aggravated criminal sexual contact is N.J.S.A. 2C:14-3(a). Just like the offense of criminal sexual contact, this offense revolves around what the courts labled as “an act of seuxal contact”. An act of sexual contact has been defined as an “intentional touching by the victim or actor, either directly or through clothing, of the victim’s or actor’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor”. The term actor refers to the Defendant and if the “sexual contact” is based on the Defendant touching himself, it must have been done in the view of the victim who they knew was present. Here is a breakdown of the statute.
In order to be convicted of N.J.S.A. 2C:14-3(a), the State would need to prove beyond a reasonable doubt that:
- The Defendant committed an act of sexual contact; &
- The victim was under the age 13;
- The victim was at least 13 years old but less than 16 years old; and
- The Defendant is related to the victim by blood or affinity, or
- The Defendant has supervisory or disciplinary power over the victim;
- The Defendant is a resource family parent, a guardian;
- The act of sexual contact was committed during the commission of a:
- Robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
- The Defendant was armed with a weapon;
- The Defendant was aided or abetted by another person and the Defendant uses physical force or coercion;
- The Defendant used physical force or coercion and the victim suffers serious personal injury;
- The victim is one whom the Defendant knew or should have known was physically helpless or incapacitated and was incapable of providing consent.
As you can see, this statute is rather complex and confusing at times. That is just another reason why an experienced criminal defense attorney is needed to fight to protect your rights.
What are the Penalties for Aggravated Criminal Sexual Contact in NJ?
Aggravated criminal sexual contact is a third degree felony offense in New Jersey. If convicted, a Defendant will be facing up to five (5) years in a State Prison and a fine up to $15,000. In addition, anyone convicted of aggravated criminal sexual contact will be subject to Megan’s Law registry for life and Parole Supervision for Life as well. Since this is a third degree felony offense, a Defendant convicted of this section would be entitled to a presumption of non-incarceration provided they do not have a prior record. With that being said, that presumption can be overcome if the underlying facts are egregious enough. In addition, the presumption only applies to State Prison and not to a county jail sentence. For more information on these please contact our office at (609) 789-0779.
Ewing NJ Aggravated Criminal Sexual Contact Attorneys
As you can tell from reading above, the potential penalties for aggravated criminal sexual contact are severe. If you are accused of criminal sexual contact, lewdness, distributing child pornography or sexual assault in Mercer County, we can help. We appear in courts throughout Mercer County including the Mercer County Superior Court, the Hamilton Municipal Court, the Trenton Municipal Court, the Lawrence Municipal Court, the Princeton Municipal Court and the West Windsor Municipal Court. To schedule a free consultation today then please contact us at (609) 789-0779.