The term “rape” is often used to refer to crimes which, under New Jersey law, would be categorized as “sexual assault.” These offenses are considered particularly heinous and those accused are often vigorously prosecuted in the court of public opinion before they ever have the chance to address these allegations in a court of law. With far-reaching and devastating consequences, including mandatory registration as a sex offender per the dictate’s of New Jersey’s Megan’s Law, it is essential to confront sexual assault accusations with an aggressive legal advocate on your side.
Roy W. Breslow has served on both sides of the New Jersey justice system, as a Prosecutor, Deputy Attorney General, and criminal defense attorney. His experience and unmatched legal prowess have benefited countless clients since he opened the doors of his criminal defense practice over 35 years ago. To speak with Mr. Breslow about the circumstances of your case free of charge, contact his Essex County offices.
Sexual Assault in New Jersey: N.J.S.A. 2C:14-2
A variety of offenses constitute sexual assault under N.J.S.A. 2C:14-2(b) and N.J.S.A. 2C:14-2(c), which reads:
b. An actor is guilty of sexual assault if he commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.
c. An actor is guilty of sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:
1. The actor uses physical force or coercion, but the victim does not sustain a severe personal injury;
2. The victim is on probation or parole or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional or occupational status;
3. The victim is at least 16 but less than 18 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 of any nature or in any capacity over the victim; or
c. The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
4. The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.
Charges for Sexual Assault in Montclair or Essex County NJ?
Violations of the aforementioned statute are considered second-degree felonies, which are punishable by a term of incarceration ranging from 5 to 10 years in New Jersey State Prison. Additionally, these offenses are governed by the No Early Release Act, which means that a defendant must serve 85% of the sentence imposed before becoming eligible for parole. Additionally, a conviction for sexual assault requires mandatory registration as a sex offender under New Jersey’s Megan’s Law, a psychosexual evaluation often referred to as an “Avenel Evaluation” to determine if you meet the criteria of a repetitive and compulsive offender, as well as community supervision for life.
Sexual assault allegations can be damning, with the potential to destroy your life and reputation. Addressing these accusations head-on is critical when seeking to vindicate yourself. Mr. Breslow makes himself available 24/7 to serve the needs of his clients and his community. Contact his offices anytime for a free consultation.