Sexual Assault Offenses in New Jersey
Have you or a loved one been arrested?
The Davis Law Firm, LLC knows exactly how to protect an accused’s constitutional and legal rights. You may rest assured that, as our client, you or your loved one will receive customized and vigorous representation throughout the entire criminal process, including police investigations, arrests, indictments, plea negotiations, motion briefs/hearings, trials, and appeals.
This firm is capable of handling criminal defense matters throughout the State of New Jersey and the Commonwealth of Pennsylvania in Federal, State, and Municipal Courts. Some of the matters handled at this firm include:
- Drug Possession, Distribution & Manufacturing Offenses
- Aggravated & Simple Assault
- Sexual Assault Offenses
- Burglary, Armed Robbery & Theft Offenses
- Prostitution Offenses
- Firearms/Weapons Use & Possession Offenses
- Juvenile Matters
- Parole & Probation Violations
- Post-Conviction Relief
Drug Possession, Distribution & Manufacturing
More often than not, the State executes its arrests for various drug offenses either in violation of an individual’s constitutional right against unreasonable search and seizure, or without sufficient evidence for conviction. As your criminal attorney, this firm will begin your defense by conducting its own investigation into the facts, witnesses, and necessary questions:
- Was there probable cause for the traffic stop, arrest or search of your automobile, person, or home?
- When the police stopped you for questioning, did they have a reasonable, articulable suspicion that a crime either occurred or was about to occur?
- When you were frisked or “pat down”, did that officer have reason to believe his safety was in jeopardy you that you possessed a weapon?
- Were the seized drugs actually in your physical or constructive possession?
- Did the police properly advise you of your Miranda rights once taken into custody?
Answers to these questions may lead to dismissal of your charges, an amendment of the original charges to those of a lesser degree, and/or obtaining a not-guilty verdict at trial.
No client represented by this firm for only a first-offense charge of drug possession, distribution, or intent to distribute has ever been sentenced to a term of imprisonment. As your criminal attorney for such an offense, we will fight vigorously for alternative dispositions, such as drug court, substance abuse programs, noncustodial probation, PTI, or conditional discharge.
Aggravated & Simple Assault
In New Jersey, simple assault is a disorderly persons offense, unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons (“PDP”) offense. Disorderly persons (“DP”) offenses are not indictable offenses and, therefore, handled at the municipal court level. DP offenses are punishable by a maximum fine of $1,000 and/or a maximum of 180 days imprisonment. PDP offenses are punishable by a maximum fine of $500 and/or a maximum of 30 days imprisonment. It is important to know that any term of imprisonment imposed as part of a sentence for either a DP or PDP offense will be served at a county correctional facility (i.e. jail); not a state facility (i.e. prison).
Aggravated assault, on the other hand, is a crime of either the second, third, or fourth degree, depending on the underlying circumstances of the alleged conduct. Regardless of the degree, however, all offenses of aggravated assault are indictable. As such, all persons charged with aggravated assault have a constitutional right to have their case presented to the Grand Jury and subsequently handled at the superior court level. If second degree, the offense is punishable by a maximum $150,000 fine and/or term of imprisonment between 5 to 10 years. If third degree, the offense is punishable by a maximum $15,000 fine and/or term of imprisonment between 3 to 5 years. If fourth degree, the offense is punishable by a maximum $10,000 fine and/or maximum of 18 months imprisonment.
Defending against assault charges in New Jersey should not be taken lightly, because either a conviction or guilty plea will adversely affect your criminal case history (i.e. “jacket”) and, in some instances, subject you to significant fines, deportation, rejected U.S. citizenship, and/or a term of imprisonment. Upon retaining this firm, we will review your case, conduct our own investigation, and determine the strength of all applicable defenses, such as mistaken identification, duress, and self-defense. Should your matter be unsuitable for either voluntary dismissal, a diversionary program, or a favorable plea bargain, we will zealously defend your freedom at a jury trial, wherein the State must meet its extremely high burden of proving guilt of each element of the offense beyond a reasonable doubt.
Sexual Assault Offenses
Sexual Offenses in New Jersey vary in severity from 1st degree aggravated sexual assault all the way to harassment by offensive touching, which is a petty disorderly person’s offense (“PDP”). It is critical to immediately obtain an attorney when charged with any sexual offense because the consequences can be life-long with Parole Supervision for Life and/or Megan’s Law registration. Megan’s Law registration means, if convicted of certain sexual offenses, you will be required to register on a list of Sexual Offenders, which will include notification to local law enforcement authorities, and could include your personal information being posted on the Internet.
Aggravated sexual assault is a 1st degree crime in New Jersey. One can be charged with aggravated sexual assault even when they believe the sexual act is consensual in two circumstances: first, if the alleged victim less than 13 years old; and, second, when the alleged victim is between 13 and 16 and the person charged is related to the victim, has a parental or guardian role, or has a supervisory or disciplinary power over the alleged victim.
Other ways one can be charged with aggravated sexual assault are as follows: if a weapon was allegedly involved; if physical force causes severe injury to the alleged victim; or, if the alleged victim was physically helpless or mentally incapacitated.
Aggravated sexual assault is punishable by 10 to 20 years in prison, a fine of up to $250,000, Parole Supervision for Life, Megan’s Law, and Nicole’s Law.
Sexual Assault is a second degree crime in New Jersey. Similar to aggravated sexual assault, one can be charged with sexual assault even when they believe the alleged victim was consenting to the sexual act, if the alleged victim is between 13 and 16 years old, and the person being charged is at least 4 years older than the alleged victim. This is commonly referred to as “statutory rape.”
Sexual assault also consists of crimes where the person is alleged to have sexually penetrated another person using force or coercion, but did not cause severe injury.
Sexual assault is punishable by 5 to 10 years in prison, a fine of up to $150,000, Parole Supervision for Life, Megan’s Law, and Nicole’s Law.
Other sexual offenses which may expose you to very serious consequences, such as imprisonment, Parole Supervision for Life, and/or Megan’s Law are as follows: criminal sexual contact, aggravated criminal sexual contact, endangering the welfare of a child, and lewdness.
Upon retaining our firm, we will investigate every part of your case, including any DNA evidence and victim/witness statements. We will fight our hardest to help you obtain a satisfactory result either through aggressive plea negotiations or a jury trial.
If you have already been convicted of an offense that required you to register for Megan’s Law, it is important to know that after 15 years of registering, you may be eligible for removal from Megan’s Law requirements. Our firm has successfully represented many people at these Megan’s Law “tier hearings,” where a Superior Court Judge decides how severe your registration and notification requirements should be.