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State v CB, Hudson County Superior Court
In one of the most serious categories of criminal accusations, a client of Lazzaro Law faced first-degree aggravated sexual assault charges involving a child under the age of 4. The State initially sought a sentence of 25 years to life and attempted to hold the defendant in custody pending trial. Despite the severe nature of the charges, Lazzaro Law’s strategic legal defense led to a plea agreement with no jail time and a probation sentence.
Arrest, Detention Hearing, and Defense Strategy
The defendant was arrested in May 2018 and charged with rape of a minor under the age of 4—a charge that carries a presumption of incarceration and mandatory long-term sentencing. At the detention hearing, the prosecution pushed for pretrial detention. Lazzaro Law argued that the State’s case lacked conclusive evidence. DNA results were negative and the rape kit findings were inconclusive, undermining the prosecution’s ability to prove guilt beyond a reasonable doubt.
The court agreed with the defense, and the defendant was released with pretrial monitoring conditions.
Favorable Plea Deal and Sentencing
The case progressed to an evidentiary hearing after indictment in August 2018. The defense challenged the State’s attempt to introduce character evidence under NJRE 404(b). As hearings continued, the State offered a deal in January 2019: the defendant could plead to fourth-degree child neglect under Title 9:6-1, a non-sexual offense not subject to Megan’s Law. The defendant accepted and was sentenced to probation in February 2019 by Judge Sheila A. Venable.
Trusted Criminal Defense in Hudson County
Lazzaro Law provided a firm, evidence-based defense in a case with high sentencing exposure. The result (probation with no incarceration) demonstrates the firm’s ability to defend clients in complex sexual assault cases.
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