Sexual Assault

Mercer County NJ Sexual Assault Attorneys

Sexual Assault is New Jersey’s version of rape. As you can imagine, the penalties if convicted are life changing. Outside of the potential jail sentence, sexual assault also carries serious collateral consequences, including Megan’s Law and Parole Supervision for Life. If you have been charged with invasion of privacy, sexual assault, aggravated criminal sexual contact, lewdness, endangering the welfare of a child or aggravated sexual assault in Mercer County it is imperative that you speak to an attorney as soon as possible. On top of the penalties if convicted, based on the new bail reforms, a Defendant could be forced to defend themselves from inside the Mercer County Jail. The new bail reforms which came into play in January of 2017, allow for a prosecutor to seek to have a Defendant detained in the Mercer County jail pending trial, without bail. In order to do so, the prosecutor at the Detention Hearing must establish that the Defendant is a danger to society or a serious risk exists that they will not appear in court. With that being said, an experienced Mercer County defense attorney can attack the prosecution theory and seek to have the Defendant released on bail. So now, more than ever, it is imperative that you speak to an experienced criminal defense attorney immediately. Fighting sexual assault charges while in custody can be extremely difficult.

If you have been charged with sexual assault in Mercer County, the Law Offices of Proetta & Oliver can help. Our attorney appear in courts throughout Mercer County, including the Mercer County Superior Courthouse, the Hamilton Municipal Court, the Princeton Municipal Court, the Ewing Municipal Court, the East Windsor Municipal Court and the Trenton Municipal Court. If you would like to come into our office for a face to face consultation with one of our attorneys then please contact us at (609)789-0779. We are available around the clock to help assist in anyway possible and as always our initial consultations are free. Now here is a breakdown of the offense, including the potential penalties if convicted.

Sexual Assault Lawyers in Hamilton NJ

Sexual assault is governed by N.J.S.A. 2C:14-2. There are several different factual scenarios in which a Defendant could find themselves being charged with sexual assault in New Jersey. Here is a breakdown in the different subsections of Sexual Assault.

N.J.S.A 2C:14-2(b): Sexual Assault Charges

  • Under this subsection, the State will need to show that:
    • The Defendant committed an act of sexual contact with victim;
    • The victim is less than 13 years old; &
    • The Defendant is at least 4 years older than the victim.

Sexual Contact: Means the 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 vicim or sexually arousing or sexually gratifying the actor.

N.J.S.A 2C:14-2(c): Sexual Assault Lawyers in Ewing NJ

  • Under this subsection, the State will need to show that:
    • The Defendant committed an act of sexual penetration with victim; &
      • The Defendant used physical force or coercion; or
      • The victim is on probation, parole or in prison and the Defendant has disciplinary power over the victim; or
      • The victim is at least 16 years old but less than 18 years old; &
        • The Defendant is related to the victim; or
        • The Defendant has supervisory control over the victim; or
        • The Defendant is the victim’s parent or has guardian rights; or
        • The victim is at least 13 years old but less than 16 years old and the Defendant is at least 4 years older than the victim.

Sexual Penetration: means vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor’s instruction.

What is the Sentence for Sexual Assault in NJ?

Sexual Assault is a second degree felony offense regardless of the subsection that a Defendant is charged with. A second degree felony offense in New Jersey is punishable by anywhere from five to ten years in a State Prison, a fine up to $150,00 and a felony criminal record. In addition, a Defendant will also most likely be subject to Megan’s Law for life, Parole Supervision for Life, Community Supervision for Life and Nicole’s Law. To make matters worse, a couple of the subsections of the sexual assault statute fall under the No Early Release Act (NERA). NERA in essence requires that a Defendant serve at least 85 % of their sentence before they can become eligible for parole. For a free consultation today please contact us at (609)789-0779.

Sexual Assault Defense Attorneys in Princeton NJ

If you have been charged with sexual assault, endangering the welfare of a child, possession of child pornography, stalking or aggravated sexual assault in Mercer County, we can help. Most sex offenses, including sexual assault, are going to be he said she said case. An experienced criminal defense attorney can attack the State’s case and try to exploit any inconsistencies in the victim’s version of events. If you would like to come into our office and speak with one of our attorney about your options then please contact us at (609)789-0779. We serve all of Mercer County, including towns like Hamilton, Princeton, Lawrence, Hopewell, Robbinsville and East Windsor.