Any crime associated with sexual assault such as enticing, luring, or endangering the welfare of a minor is a serious criminal charge that can have a long lasting impact on you and your family. Conviction for any sexual crime in New York or New Jersey carries severe consequences. Our attorneys at the Law Offices of Herbert I. Ellis, P.C., are skilled in the defense of any sexual assault charges or related crimes. We will work toward a downgrade of your charges, probation instead of jail time, or even a dismissal of the charges if at all possible.
New Jersey Sexual Assault Law
Second Degree Sexual Assault
A typical sexual assault charge is considered a Second Degree Offense in New Jersey. An individual is guilty of second degree sexual assault in any one of the following situations:
- The accused individual committed a sexual act with a victim who was under the age of 13 and the actor was at least 4 years older than the victim
- The accused individual committed an act of sexual penetration with another person in any of the following situations:
- The victim did not sustain severe person injury despite the use any physical force or coercion
- The accused individual had disciplinary or supervisory power over the victim through their occupational, professional, or legal status and the victim was on parole or probation, detained in prison, a hospital, or any other institution
- The victim was between the ages of 13 and 16 and the actor was at least 4 years older
- The victim was between the ages of 16 and 18, and;
- The accused individual is related to the victim, either by blood or affinity to the third degree
- The accused individual is a resource family guardian, parent, or stands in loco parentis within the household
- The accused individual had disciplinary or supervisory power in any capacity over the victim
A Second Degree Sexual Assault conviction can result in a sentence of 5 to 10 years in state prison. In addition, any individual convicted of a second degree sexual assault charge must adhere to Megan’s Law registration and may be under community supervision for the rest of their life.
Aggravated Sexual Assault
Any charge of aggravated sexual assault is a First Degree Criminal Offense. In New Jersey, an individual is guilty of aggravated sexual assault of they commit any act of sexual penetration with another individual in any one of the following situations:
- The victim of the sexual act is under the age of 13
- The victim of the sexual act is between the ages of 13 and 16, and;
- The accused individual is related to the victim, either by blood or affinity to the third degree; or
- The accused individual is a resource family guardian, parent, or stands in loco parentis within the household; or
- Through their occupational, professional, or legal status the accused individual has disciplinary or supervisory power over the victim
- The sexual act was committed during the attempted or actual commission of another crime including kidnapping, homicide, robbery, aggravated assault, arson, burglary, or criminal escape
- The accused individual was armed with a weapon or any object that the victim would reasonably believe could be used as a weapon and the accused threatens the victim with said weapon either verbally or through gestures
- The accused individual used physical force, coercion, or was aided or abetted by one or more individuals
- The accused individual caused severe personal injury to the victim through coercion or physical force
- The accused individual knew the victim to be helpless physically, mentally incapacitated, or mentally defective
A First Degree sexual assault conviction can result in up to 20 years in state prison and require Megan’s Law registration.
If you or someone you love has been charged with a sexual offense in New York or New Jersey, you need experienced criminal defense against these serious charges. If convicted for sexual assault or aggravated sexual assault, the accused faces significant jail time, community supervision for life, and Megan’s Law registration requirements to notify the community and place of employment of the crime. Contact the Law Offices of Herbert I. Ellis, P.C., for expert legal counsel in any case involving sexual assault charges.