Charged With Sexual Assault in NJ?

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Sexual assault is a serious offense in New Jersey and can result in serious, long-term penalties. In the state of New Jersey, sexual assault is the legal term for rape. Lesser sexual offenses are known as aggravated criminal sexual contact and lewdness which involves flashing private parts for the purposes of arousing or gratifying the sexual desire of the accused or another person involved.

• What Are the Associated Penalties?
• A third degree offense with a 3 to 5 year state prison sentencing exposure
• A fourth degree offense with a 0 to 18 month state prison sentencing exposure
• Lewdness can be a fourth degree indictable (felony) offense with a 0 to 18 month state prison sentencing exposure
• A disorderly persons offense with a 0 to 6 month county jail sentencing exposure

• What Makes it Aggravated Sexual Assault?
• Aggravated sexual assault is the crime of raping a victim who is less than 16 years old or is related to the offender by blood or affinity.
• Defendants can also be charged with aggravated sexual assault if the accused in question was a foster parent, guardian or had supervisory or disciplinary power over the victim.
• If the act is committed during a robbery, kidnapping, homicide, aggravated assault, burglary, arson, or criminal escape, it is aggravated sexual assault.
• Whenever the individual in question uses a deadly weapon or any object fashioned to be a weapon, or when the victim is injured or forced, this is considered aggravated sexual assault as well.
• Lastly, if the victim is incapacitated or physically helpless, the crime is elevated to aggravated sexual assault.

In New Jersey, aggravated sexual assault is a crime of the first degree with a 10 to 20 year state prison sentencing exposure. Since Aggravated Sexual Assault is considered a crime of violence, the No Early Release Act (NERA) or 85% rule is triggered as well as all Megan's Law consequences.

Sexual Assault

Sexual assault is the offense of raping a child under the age of 14 when the accused is at least 4 years older than the victim; or the act of raping a victim while using physical force or coercion on a non-consenting party. You will want to talk with a knowledgeable New Jersey criminal defense lawyer to determine if your offense was considered aggravated sexual assault or sexual assault. Sexual assault is a crime of the second degree with a 5 to 10 year state prison sentencing exposure. NERA and Megan's Law are applicable.

What is Megan's Law?

Megan's Law requires sex offender registration and community notification provisions for convicted sex offenders. Because of the danger of recidivism posed by sex offenders and offenders who commit other predatory acts against children and the dangers posed by persons who prey on others as a result of mental illness, a system of registration is authorized under Megan's Law that will permit law enforcement officials to identify and alert the public when necessary for the public safety.

A system of registration of sex offenders and offenders who commit other predatory acts against children will provide law enforcement with additional information critical to preventing and promptly resolving incidents involving sexual abuse and missing persons.

Clifford E. Lazzaro has successfully handled hundreds of cases involving Megan's Law and a significant number of cases involving failing to register as a sex offender. Convicted sex offenders are also subject to Tier Classification Hearings and Clifford E. Lazzaro has successfully handled a significant number of these hearings.

For more information, please contact our law firm.

History of Success Obtaining Not Guilty Verdicts

At Clifford E. Lazzaro, P.C., we have handled a wide variety of sexual assault cases in the past and are very familiar with this process. One of our former clients was charged with one count of second degree sexual assault and faced between five and ten years in prison in addition to NERA and Megan's Law sentencing. This was a case of a party planner who responded to the client's home where he allegedly raped her. There was DNA evidence recovered.

Clifford E. Lazzaro suggested during his opening statement that this was a case of consensual sex between two adults. The victim reported the crime 3 days after the alleged incident. In the middle of trial and after the first state's witness testified (which witness was subjected to a highly destructive cross examination), the State folded and offered a probationary plea to a non Megan's Law third degree terroristic threat charge. Rape charges dismissed. The client was very satisfied with the results. This was a Union County case.

In another sexual assault case which went to trial, our client was charged with second degree sexual assault against a minor, second degree attempted sexual assault, third degree endangering the welfare of a child (step daughter) and third degree attempted endangering the welfare of a child. The defendant faced NERA (85%) sentencing exposure between 5 and 10 years on each second degree count as well as Megan's Law sex offender reporting and registration requirements. The victim was subjected to a prolonged and destructive cross examination and determined to be not credible by the jury. After a two week trial in early August, the jury deliberated and the defendant was found not guilty on all four counts. This was a Union County case.

Call to Get Started With a Free Evaluation Today

We want to help you protect your innocence, freedom and reputation. Don't hesitate to call Clifford E. Lazzaro, P.C. today to get our successful New Jersey criminal defense lawyer on your side.