Morristown Aggravated Sexual Assault Attorney

Felony Sexual Assault: New Jersey Laws and Penalties

New Jersey lawmakers have passed a number of statutes regarding aggravated sexual assault, and the types of penalties that must be imposed upon a convicted person. The criminal offense of aggravated sexual assault will be filed in cases in which it is believed that the accused committed an act of sexual penetration upon an alleged victim younger than 13, or in cases in which the alleged victim is between 13 and under 16 years old.

Felony sexual assault is also charged if there are certain types of blood relationships between the two parties, or in cases in which the person had authority over the alleged victim in some manner (such as teacher, coach, religious worker) or is acting as a parent or guardian for the alleged victim. Any sex crime charges are extremely dangerous to the accused.

Aggravated sexual assault will also be the charge filed against a person if it is believed that a sexual assault occurred during the commission of another crime such as robbery, burglary, arson, or in cases when a weapon is used. The definition of weapon in this case is extremely broad – and it can be virtually any object that is alleged to have been used to threaten the other person prior to the sexual act. Any level of physical force that is alleged to have led to severe injury to the other person will also result in charges of aggravated sexual assault.

The Consequences of a Conviction on Charges of Aggravated Sexual Assault

Beyond the term of imprisonment, of which 85% of the time imposed MUST be served, and the sex offender registration that will follow you wherever you go in the country, there are other repercussions that will impact your life after a conviction. Under New Jersey law 2C:14-2(a) (2012), there are special parole provisions once the sentence is completed. The law demands that the individual, once the sentence is served, will be under CSL (Community Supervision for Life) until 15 years have passed with no criminal convictions or since the individual was released from incarceration, and that the person no longer is likely to pose a threat to others in the community.

The conditions of CSL are extremely strict and if any of the requirements are violated, it will be a fourth degree crime, and the penalty imposed for certain violations must be served in full before the individual can once again go back on CSL. PSL, or Parole Supervision for Life, is a mandatory component of those sentences imposed upon an offender that has been convicted of aggravated sexual assault.

The court does not have the option to put any person convicted of aggravated sexual assault on probation, under N.J.S.A. 2C:43-02(g). The special sentence of PSL begins immediately upon release from incarceration after serving the term imposed by the court. The "No Early Release Act" (2002) requires that the court impose a minimum of 85% of the sentence before the convicted individual becomes eligible for parole.

Hire a Morristown Criminal Lawyer With a Reputation for Excellence

At The Law Offices of Christopher G. Porreca, P.C. I have worked hard to provide the highest quality defense counsel to my clients over my years in practice. I know exactly what the challenges can be in defending cases of criminal accusations of aggravated sexual assault, and I urge you to contact my firm immediately if you are under investigation or have been charged with this crime.