Essex County NJ Aggravated Sexual Assault Defense Attorney

Aggravated sexual assault is among the most egregious crimes addressed in the New Jersey Criminal Code. Often, these offenses involve extremely young victims (under the age of 13), defendants who are related to or in a position of power over the victim, or victims who are not considered mentally capable of consenting to sexual engagement. The consequences of a conviction for a crime of this magnitude can be catastrophic, resulting in decades of imprisonment, mandatory Megan’s Law sex offender registration, and community supervision for life, not to mention permanent damage to your reputation, family, and interpersonal relationships. Taking an aggressive stance against these accusations is crucial in order to protect yourself from prejudicial prosecution and the character assassinations that often mark these proceedings.

Roy W. Breslow has been instrumental in successfully resolving thousands of cases for his clients during his over 4 decades as an attorney in New Jersey. Having served as a Prosecutor, Deputy Attorney General, and criminal defense attorney, Mr. Breslow has been exposed to the nuances and intricacies involved in all levels of the criminal justice system. He now serves solely as a criminal defense attorney, dedicating himself to providing the best possible representation for his clients and achieving successful outcomes in court rooms across the State. For a free consultation with Mr. Breslow, simply contact his offices anytime at 973-239-8000.

Aggravated Sexual Assault in New Jersey: N.J.S.A. 2C:14-2a

Aggravated Sexual Assault offenses are outlined in N.J.S.A. 2C:14-2a, which reads:

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.

Charges for Aggravated Sexual Assault in Bloomfield or Essex County NJ?

What does a conviction for aggravated Sexual Assault mean? Under State Law, this offense is classified as a crime of the First Degree, which is the most serious under the New Jersey Criminal Code. As such, the penalties are severe, and may include: a term of incarceration ranging from 10 to 20 years in New Jersey State Prison, 85% of which must be served before parole eligibility per the terms of the No Early Release Act (NERA), mandatory sex offender registration under New Jersey’s Megan’s Law, and a psychosexual evaluation (also known as an “Avenel evaluation”) to determine the likelihood that you are a repetitive and compulsive offender.

With consequences such as these, your life is truly hanging in the balance. To speak with an attorney who will walk you through every step of this complex and overwhelming process, contact the Law Offices of Roy W. Breslow today.