Courts we serve

Site Disclaimers

This site was constructed for the purposes of providing information relating to The Law Offices of
Jonathan F. Marshall and the members of such firm. You are not considered a client of the firm until
you have signed a retainer agreement and your case has been accepted by one of our attorneys.

Note on Prior Results: Prior results, notwithstanding the similarity of circumstances, do not guarantee or predict a similar outcome with respect to any pending or future matter.

Sexual Assault Attorneys in Hackensack NJ

Paramus NJ Sexual Assault Lawyer

Sexual Assault is a very serious charge in New Jersey.  The governing statute for Sexual Assault is N.J.S.A. 2C:14-2(b)-(c).  As dictated by the statute, sexual assault is a crime of the second degree, which subjects one convicted to period of incarceration of not less than five (5) years.  Further, a conviction for sexual assault will carry lifelong consequences; therefore, it is important to speak to an experienced criminal trial attorney immediately. The attorneys at The Law Offices of Jonathan F. Marshall have over 100 years of combined of experience, including over twenty years combined prosecuting experience. We have been defending individuals charged with sexual assault in towns like Englewood, Mahwah, Paramus, Lodi, Garfield and Hackensack for over fifteen years.  Here is some important information that one charged with sexual assault must be aware of.

Sexual Assault Attorneys in Elmwood Park NJ

Elements of the Offense: What the State must prove beyond a reasonable doubt:

Pursuant to N.J.S.A. 2C:14-2(b), before a defendant can be convicted of sexual assault, the State must prove that the victim was less than thirteen years old at the time of the incident, that the defendant was at least four years older than the victim at the time of the incident and lastly that the defendant committed some act of sexual contact.  It is important to note here that the Courts have given a very broad definition of what constitutes an act of sexual contact.

Also, pursuant to N.J.S.A. 2C:14-2(c), before a defendant can be convicted of sexual assault, the State must prove sexual penetration by the defendant under the following circumstances:

  • The sexual penetration by the defendant was achieved by the defendants physical force or coercion; OR
  • The sexual penetration by the defendant occurred while the victim was on either probation or parole or while they were detained in a hospital, prison or other institution AND the defendant was in a supervisory or disciplinary position over the victim; OR
  • The victim was at least sixteen but less than eighteen years of age and that the defendant is related to the victim by either:
    • Blood or affinity to the third degree; OR
    • The defendant has supervisory or disciplinary power over the victim; OR
    • The defendant is a resource family parent, a guardian or stands in loco parentis within the household. {It is important to note here is that consent of the victim is irrelevant under the last category.
    • The sexual penetration occurred on a victim, who at the time of the incident, was at least thirteen years old but less than sixteen years of age and the defendant was at least four years older than the victim at the time of the incident.  {Consent is not a defense to this sexual assault}

Penalties for Sexual Assault in New Jersey

As stated earlier, sexual assault, whether under N.J.S.A. 2C:14-2(b) or (c) is a crime of the second degree. Pursuant to N.J.S.A. 2C:43-1, an individual convicted of a second degree crime subjects themselves to a term of imprisonment for not less than five (5) years.  In addition, sexual assault automatically implicates the No Early Release Act (“NERA”) which requires that an individual serve at least 85% of their original sentence before they can become eligible for parole.  This also eliminates any chances of being accepted into the Intensive Supervision Program (“ISP”).

Edgewater NJ Sexual Assault Lawyers

As you can tell the penalties for one convicted of sexual assault are severe.  If you or someone you know has been charged with sexual assault, endangering the welfare of a child, aggravated criminal sexual contact, criminal sexual contact, aggravated sexual assault or lewdness, it is imperative for you to speak to an experienced criminal defense trial attorney as soon as possible. Please contact any one of our Bergen County offices for a free consultation with one of our qualified criminal defense attorneys.

Call Our Hackensack Office

Or contact our office online to schedule a free consultation to discuss your unique charges with one of our experienced and qualified attorneys.

Schedule a free consultation

Site Disclaimers

This site was constructed for the purposes of providing information relating to The Law Offices of
Jonathan F. Marshall and the members of such firm. You are not considered a client of the firm until
you have signed a retainer agreement and your case has been accepted by one of our attorneys.

Note on Prior Results: Prior results, notwithstanding the similarity of circumstances, do not guarantee or predict a similar outcome with respect to any pending or future matter.