Aggravated Sexual Assault

Mercer County NJ Aggravated Sexual Assault Attorneys

Aggravated sexual assault, which is more commonly known as rape, is the one of the most serious offenses under the New Jersey Criminal Code. The penalties can range anywhere from ten (10) years to life in prison, plus a fine in excess of $200,000. In addition, pursuant to the bail reforms which began in January of 2017, a Defendant charged with aggravated sexual assault may be held in the Mercer County Jail without bail pending trial. Prior to 2017, most Defendants charged with this type of offense would have been afforded a monetary bail. If you have been arrested and charged with aggravated sexual assault, sexual assault, endangering the welfare of a child, aggravated criminal sexual contact, lewdness or possession of child pornography in Mercer the Law Offices of Proetta & Oliver can help.

These are extremely serious charges and they require the assistance of an experienced criminal defense attorney. Aggravated sexual assault charges, like most sex offenses, are typically he said she said incidents and very rarely are there any additional eyewitnesses.  This is where a seasoned criminal defense lawyer can attack the proofs in case and exploit inconsistencies in the alleged victims version of events. If you would like to come into our office for a free face to face consultation with one of our Mercer County criminal defense attorneys  then please contact us directly at (609)789-0779. Mr. Oliver, who heads up our Mercer County practice, has dedicated his entire career to defending those accused of crimes in courts throughout New Jersey.  Throughout his career, Mr. Oliver has represented numerous clients charged with not only aggravated sexual assault but sexual assault, distributing of child pornography and endangering the welfare of a child. Our office serves all of Mercer County including towns like Hamilton, Trenton, Ewing, West Windsor, East Windsor, Hopewell, Robbinsville and Princeton. If you have any questions regarding this offenses or any other offense for that matter please do not hesitate to contact us. Here is some important information on the offense of aggravated sexual assault.

Aggravated Sexual Assault Lawyer in Robbinsville NJ

As stated above, aggravated sexual assault is New Jersey’s version of rape. This offense is governed by N.J.S.A. 2C:14-2 and as you will see, there are various different fact scenarios in which a Defendant could find themselves faced with aggravated sexual assault charges. To be convicted of aggravated sexual assault the prosecution must prove beyond a reasonable doubt that the Defendant:

  • The Defendant committed an act of sexual penetration with the victim; &
    • The victim was less than 13 years old; or
    • The victim was at least 13 years old but less than 16 years old; &
      • The Defendant is related to the victim by blood;
      • The Defendant had supervisor or disciplinary power over the victim;
      • The Defendant was a resource parent or guardian.
    • The act of sexual penetration was committed during the commission of a robbery, kidnapping, homicide, aggravated assault, burglary, arson or criminal escape;
    • The Defendant possessed a weapon and the victim believed it would be used;
    • The Defendant was aided by one or more persons and the Defendant used physical force or coercion to commit the act of sexual penetration;
    • The Defendant knew or should have known the victim was physically helpless or incapacitated (mentally or intellectually)

One of the key phrases above is “sexual penetration”. An act of sexual penetration can include, “vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina”. This act can either be committed by the Defendant or by another individual upon the Defendant’s request.

What are the Penalties for Aggravated Sexual Assault in NJ?

Aggravated sexual assault is a first degree felony offense in New Jersey. Any Defendant convicted of a first degree felony offense in New Jersey is facing a prison sentence anywhere from ten (10) to twenty (20) years and a fine up to $200,000. However, if the Defendant is convicted of an act of sexual penetration and the victim is less than 13 years old, the Defendant must be sentenced to a term of imprisonment of at least 25 years to life. The Defendant must serve at least 25 years before they can become eligible for parole. In addition, to these penalties, a Defendant will be forced to register under Megan’s Law for life, Parole Supervision for Life and be subject to Nicole’s Law. For  more information on the applicable penalties one faces when charged aggravated sexual assault please contact us directly at (609)789-0779.

Hamilton NJ Aggravated Sexual Assault Lawyer

As you can see from reading above, the potential penalties that a Defendant faces when charged aggravated assault are life changing. If you have been charged with aggravated sexual assault, aggravated assault, terroristic threats, stalking or endangering the welfare of a child in Mercer County it is imperative that you speak to an experienced criminal defense attorney immediately about your options. With these types of offenses, time is of the essence, essential exculpatory evidence could dissipate quickly. To set up a free initial consultation today with Mr. Oliver or one of the other attorneys on staff then please contact us directly at (609)789-0779. Our office appears in courts throughout the Mercer County including the Hamilton Municipal Court, the Ewing Municipal Court, the West Windsor Municipal Court, the Robbinsville Municipal Court, the Lawrence Municipal Court, the Hopewell Municipal Court, the Trenton Municipal Court and the Mercer County Superior Court. We are available 24/7 to help assist in any way possible.