Teaneck NJ Aggravated Sexual Assault Defense Attorneys
Bergen County Sex Crimes Defense Lawyers with Offices in Hackensack, New Jersey
When an individual is accused of committing a particularly violent sexual assault, or when they are accused of any kind of illegal sexual contact with a minor, sexual assault charges can be elevated to aggravated sexual assault. Aggravated sexual assault is one of the most serious crimes a person can commit, so it carries severe penalties that include a mandatory minimum prison sentence. For aggravated sexual assault involving a young child, it is possible that the defendant will be sentenced to life in prison. Regardless of the situation, aggravated sexual assault is one of the most serious crimes we have in New Jersey, making it a first degree indictable felony offense. As a result, if you are facing this type of sex crime charge, you are facing significant time in state prison, Megan’s Law registration, and a permanent felony charge on your record if convicted.
The Tormey Law Firm in Hackensack, New Jersey is a criminal defense team with lawyers who understand how sex crime accusations are made and how to defend against these allegations. Founding attorney Travis J. Tormey has established a strong reputation throughout the state, in part through his impressive work defending individuals against a wide variety of sex charges, including lewdness, endangering the welfare of a child, and criminal sexual contact
For example, Mr. Tormey was recently successful in having a wrongfully accused sex offender exonerated in the Ocean County Superior Court after more than a decade. He has also been successful numerous times in having individuals removed from Megan’s Law registration requirements. In addition, during his time at the United States Attorney’s Office, Mr. Tormey worked with the sex crimes unit on federal prosecutions. Due to his impressive experience, Mr. Tormey is considered an authority in this area and has been featured in the Asbury Park Press as a legal resource on sex crimes and Megan’s Law in New Jersey.
At The Tormey Law Firm, regularly representing clients in towns such as Rochelle Park, Lodi, and Lyndhurst and concentrating solely on criminal defense provides us with a unique and powerful edge, which we use to benefit our clients every day. With offices conveniently located in the heart of Bergen County, one of our attorneys is always available immediately to provide you with a free consultation. Contact us at (201)-330-4979 to learn more about the charges and penalties you may be facing. Understanding the nature of the charges against you is truly the first step to achieving a positive outcome.
Aggravated Sexual Assault in New Jersey: N.J.S.A. 2C:14-2
First degree aggravated sexual assault is a criminal offense in New Jersey. It is governed by N.J.S.A. 2C:14-2, which provides, in pertinent part:
§ 2C:14-2. Aggravated Sexual Assault.
a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
(1) The victim is less than 13 years old;
(2) The victim is at least 13 but less than 16 years old; and
(a) The actor is related to the victim by blood or affinity to the third degree, or
(b) The actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status, or
(c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
(3) The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
(4) The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;
(5) The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;
(6) The actor uses physical force or coercion and severe personal injury is sustained by the victim;
(7) The victim is one whom the actor knew or should have known was physically helpless, mentally defective or mentally incapacitated.
Consequences of a Conviction for Aggravated Sexual Assault in New Jersey
As the above statute stipulates, first degree aggravated sexual assault is a serious criminal offense in New Jersey. First degree crimes have a presumption of imprisonment, with a state prison range of 10 to 20 years if convicted. Moreover, aggravated sexual assault is one of the designated offenses under the No Early Release Act (known as the “NERA”). This statute requires defendants to serve 85% of their prison terms before becoming eligible for parole. As such, if you are convicted of first degree aggravated sexual assault in New Jersey, the minimum prison sentence is 10 years, with eight-and-a-half years of parole ineligibility.
If you or a loved one has been charged with first degree aggravated sexual assault or another criminal offense in New Jersey, contact our experienced criminal defense lawyers anytime at (201)-330-4979 for a free consultation.