State v FG, Union County Superior Court
In 2010, Lazzaro Law defended a client in Union County Superior Court who had been charged with second-degree sexual assault. It’s an offense carrying 5 to 10 years in New Jersey State prison under the No Early Release Act (NERA). A conviction would also require Megan’s Law registration and parole supervision for life.
The allegation involved a woman who worked as a party planner. She visited the defendant’s home to discuss an event and later alleged that a non-consensual sexual encounter took place. Days after the meeting, she filed a police report claiming rape. However, forensic evidence confirmed the presence of both parties’ DNA on her clothing, suggesting prior physical contact.
Trial Begins: Defense Undermines State’s Case
The rape trial started in November 2010. During cross-examination of the State’s first witness, defense attorney Clifford E. Lazzaro exposed significant weaknesses in the prosecution’s version of events. The cross-examination was highly damaging to the credibility of the State’s case and cast serious doubt on the truthfulness of the allegations.
Outcome: Charge Dismissed and Reduced to Probation
Recognizing the unraveling of their case, the prosecution offered to dismiss the second-degree sexual assault charge in the middle of the trial. Instead, they proposed an amended plea to third-degree terroristic threats with no prison time. The defendant accepted the deal, resulting in a probationary sentence without the severe consequences of NERA or Megan’s Law.
Charged With Sexual Assault in New Jersey?
Lazzaro Law provides aggressive trial defense for clients facing rape or sexual assault allegations in Union County and throughout New Jersey. We fight for your freedom and reputation if you’ve been falsely accused or face exaggerated claims.