Aggravated Sexual Assault Attorneys, Fort Lee, NJ
An aggravated sexual assault is one of the most serious crimes a person can be accused of here in New Jersey. It’s a first degree crime, which is the highest crime that a defendant can be charged with. However, what difference is there between a first degree aggravated sexual assault different from an ordinary first degree charge, such as robbery? Typically a first degree crime carries a maximum of twenty (20) years, and a minimum of ten (10) years in New Jersey state prison. A first degree aggravated sexual assault carries a life sentence, and a minimum of twenty-five (25) years in New Jersey state prison. As you can see, a first degree aggravated sexual assault charge is far more serious than an ordinary first degree crime.
What is Aggravated Sexual Assault?
- A person is guilty of aggravated sexual assault if he commits an act of sexual penetration (finger(s), penile, and/or any other object) with a person that is:
- 13 years or younger
- At least 13 but younger than 16; and
- The defendant is related to the alleged victim by blood or “affinity to the third degree” or
- The defendant watches or disciplines the alleged victim by his/her’s legal, professional, or occupational status, or
- The defendant is “a resource family parent, a guardian, or stands in loco parentis within the household”
Regardless of the person’s age, you or your loved one can also be charged with aggravated sexual assault if he/she sexual penetrates a person while:
- He/she during the commission or attempted commission of a robbery, kidnapping, murder, aggravated assault on another person, burglary, arson and/or criminal escape
- He/she is armed with a weapon (handgun, knife, bat) or any item that would lead the alleged victim to reasonably think the item is a weapon and the defendant threatens either by word or movement that he/she will use that weapon;
- He/she is helped by one or more people and the defendant uses physical force or coercion;
- He/she uses physical force or coercion that results in a severe injury to the alleged victim;
- The alleged victim was physically or mentally incapacitated (his includes intellectually and/or mentally incapacitated) and the defendant knew or should have known that the alleged victim was not capable of providing consent
Have you or a loved one been charged in Fort Lee?
Our law firm, the Law Offices of Jonathan F. Marshall, has the experience and knowledge to defend this charge since we have:
- Over two-hundred (200) years of combined experience
- A team of ten (10) criminal defense attorneys that devote their entire practice to criminal law
- Our firm has seven (7) former prosecutors
- Three (3) of our attorneys were former county prosecutors and held directorial positions of the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, & Juvenile Division
- Two (2) of our lawyers was recently selected to Super Lawyers Rising Stars 2021 list for New Jersey which is a highly credentialed, peer-influenced, third-party validated, and a patented process that only 2.5% of the attorneys in New Jersey are selected to this list
- One (1) of our attorneys is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in this State
- Selected to the National Trial Lawyers Top 100 and Top 40 Under 40