Anyone can be a victim of sexual assault, but critically, anyone can be accused. There is no definitive profile of those who are alleged to have committed such an act; therefore, regardless of your age, level of education, occupation, civil leadership roles, or socioeconomic status, you may be one potentially unintentional act away from defending yourself in an Atlantic County, New Jersey, courtroom. You must take the situation with the seriousness it deserves.
Allegations of sex crimes are quite challenging to completely defend against. Despite acquittals, the charges themselves leave defendants tainted in the eyes of the public and many employers. Therefore, even false accusations can destroy someone's reputation in the long haul. Dealing with the charges is critical because of the heavy penalties that crimes of a sexual nature carry. Even after fines and jail sentences are behind them, many convicted of a sex crime in New Jersey will still be placed on a sex offender registry, which anyone with an Internet connection can access.
Hiring the Lento Law Firm Criminal Defense Team to represent you in court will be the best investment you can make in your future. The moment allegations arise, Atlantic County will begin building a case against you. Considering their resources, let alone those of the state of New Jersey, call the Lento Law Firm at 888-535-3686 or go online now. Your future depends on it.
The Nature of New Jersey Sex Crimes
Not all sex crimes are handled the same. New Jersey has five degrees of legal offenses—first, second, third, and fourth degree—as well as a disorderly person offense, the lowest measure of severity. Charges of aggravated sexual assault may very well carry a first-degree offense, the most serious charge. In contrast, a lewdness charge would be handled as a fourth-degree or disorderly person offense.
Depending on the level of crime, those accused of New Jersey sex crimes may be handed down the following punishments:
- First-Degree Offense: Maximum Incarceration of 10 to 20 years and a maximum fine of up to $200,000; in some cases, up to life in prison
- Second-Degree Offense: Maximum Incarceration of 5 to 10 years and a maximum fine of up to $150,000
- Third-Degree Offense: Maximum Incarceration of 3 to 5 years and a maximum fine of up to $15,000
- Fourth-Degree Offense: Maximum Incarceration of 18 months and a maximum fine of up to $10,000
- Disorderly Offense: Maximum Incarceration of 6 months and a maximum fine of up to $1,000
Not only does the type of sex crime determine how a court will look at it, but so does the nature of a pattern of offenses. Under New Jersey's N.J.S.A. 2C:14-6, those who are accused and convicted of a first and then a second offense establish a pattern of habituation and will face a minimum mandatory sentence of five years without parole eligibility. The court may not deviate from this requirement, such as suspending the sentence or lessening the time. Additionally, the establishment of a pattern takes into account a person's previous criminal record, meaning that even if the charges are the first experienced in New Jersey, if one is convicted in another state, New Jersey is required to tack on the extra time.
New Jersey Sex Crimes Statute of Limitations
The statute of limitations determines how long the state must initiate legal proceedings after a crime has been committed. The purpose is to ensure timely prosecution while evidence is still fresh and to provide fairness to defendants. However, when it comes to particularly heinous crimes like sexual offenses, many jurisdictions, including Atlantic County, have amended their laws to allow more time or even eliminate the limitation period under specific circumstances.
Sex crimes in Atlantic County and all of New Jersey's jurisdictions are now subject to an extended statute of limitations. Per New Jersey's revised N.J.S.A. 2C:14-2a, all alleged victims of sex crimes who were minors at the time the incident occurred have 37 years after reaching the age of majority (18 years old) to file civil charges. For adults, alleged victims have seven years from the date of reasonable discovery of the injury and its causal relationship to harm to pursue civil charges.
Regarding criminal charges, New Jersey removed the statute of limitations for prosecuting sexual assault, rape, and other aggravated sexual crimes. This means an individual can be charged regardless of the time since the alleged offense. For cases where the victim was under 18 at the time of the crime, the prosecution may also commence at any time.
New Jersey also prohibits parties from using class action settlements to try to try to stop victims who haven't yet filed lawsuits from suing. The state's law explains that "any private, contractual arrangement intending to settle claims… on a class basis is against public policy and shall be void and unenforceable." Despite any party's best meaning and efforts, New Jersey will look to investigate and adjudicate all matters of sex crimes. Therefore, you need the skilled Criminal Defense Team at the Lento Law Firm.
Common Sex Offenses in New Jersey
Some sexual offenses occur more often in New Jersey than others. While they range in severity, some carry many years in jail for a conviction, and others are misdemeanor offenses that rarely lead to jail time. Yet, all of them can devastate your future with a serious blemish on your criminal background.
The severity of the offense is based on several factors. They will include the age of the victim, the nature of the offense, the relationship between the criminal actor and the victim, and more.
Regarding sex crimes, it is critical to differentiate between sexual penetration and sexual contact. Sexual penetration involves "vaginal intercourse, cunnilingus, fellatio or anal intercourse" resulting from the insertion of a finger, hand, or object, N.J.S.A. 2C:14-1 explains. Sexual contact is committed when the actor intentionally touches the victim's "intimate parts" either directly or through clothing. Acts of sexual contact are committed to degrade or humiliate the victim or for sexual arousal or gratification.
While each instance of a sex crime is different, the following are examples, their corresponding charges, and potential criminal punishments.
Aggravated sexual assault
Aggravated sexual assault is the most severe type of sex crime in New Jersey. According to N.J.S.A. 2C:14-2(a), the act involves sexual penetration with someone under the age of 13, with someone between 13 and 16 if the defendant had a familial relationship with the complainant or disciplinary power over the complainant, with someone during the course of another crime, or using force that produced an injury or with threatened force using a weapon. Aggravated sexual assault is a first-degree crime that carries up to 20 years of jail time, as well as a fine of up to $200,000.
Sexual Assault
Also known as rape, sexual assault in the second degree involves sexual penetration through the use of physical force or coercion–though the complainant is not physically hurt–or when the complainant is physically or mentally incapacitated, or when the complainant was under the legal control or supervision of the defendant. N.J.S.A. 2C:14-2(b)-(c) states that rape is a second-degree offense, carrying a jail term between five and ten years and a fine of up to $150,000.
Aggravated criminal sexual contact
Aggravated criminal sexual contact involves sexual contact after using coercion or force that leads to physical injury to the complainant or with certain minors. The act is a third-degree offense, according to N.J.S.A. 2C:14-3(a), that carries from three to five years in jail and up to $15,000 in fines.
Criminal sexual contact
Criminal sexual contact involves sexual contact using coercion but without injury or use of force, in circumstances similar to those that would apply in a sexual assault case. According to N.J.S.A 2C:14-3(b) is a fourth-degree crime that can result in an 18-month prison sentence and a fine of up to $10,000.
Indecent exposure
Indecent exposure involves exposing intimate parts for the purpose of sexual gratification when the actor reasonably knows that they will be seen either by a child under 13 who is four years younger than the actor or by someone with a mental incapacity that makes them unable to understand the sexual nature of the exposure. Indecent exposure is a crime in the fourth degree, punishable with up to $10,000 in fines and up to 18 months in jail, per N.J.S.A 2C:14-4(b).
Lewdness
While lewdness is a seemingly vague legal definition, N.J.S.A 2C:14-4(a) states that it is any act which the alleged perpetrator reasonably expects is likely to be observed by "nonconsenting persons who would be affronted or alarmed." When committed against alleged victims below the age of 13 or minors, if the alleged perpetrator is four years older, lewdness is a fourth-degree offense. Otherwise, it is a disorderly person offense that carries a jail sentence of up to six months and a fine of not more than $1,000.
Additional Punishments for Sex Crimes in New Jersey
Incarceration and fines are two of the most common ways New Jersey addresses sex crimes. However, someone convicted of such acts isn't finished paying the price after leaving jail or completing payments.
One of the penalties that often gets overlooked by those who have been accused of a sex crime in New Jersey is that a conviction can require them to register as a sexual offender for the rest of their life. Not all sex crimes require registration —only those listed at N.J.S.A. 2C:7-2. This is based on grouping prior sex crime offenders into three tiers based on the perceived risk of re-offense, with each tier determining how much information gets revealed to the public.
Even those with the lowest risk of re-offense have an obligation to notify law enforcement agencies in the area about their presence. Failure to do so can lead to a serious charge. Despite accidents, they still carry serious penalties.
Offenses that require registration as a sexual offender include the following:
- Aggravated sexual assault and sexual assault
- Aggravated criminal sexual contact and criminal sexual contact (when the victim is a minor)
- Endangering the welfare of a child through sexual conduct, pornography, or prostitution
- Luring, enticing, kidnapping, criminal restraint, and false imprisonment (when the victim is a minor)
While jail time may be reduced in some circumstances, under New Jersey's "No Early Release Act," the state prohibits defendants from being let out of prison before serving at least 85 percent of their total jail term. Individuals convicted of certain crimes will be subject to the sentencing guidelines outlined in N.J.S.A. 2C:43-7.2, including those charged with sex crimes of an aggravated nature or if the alleged victim is a minor.
Apart from the above-mentioned legal penalties, those convicted of sex crimes often face substantial societal repercussions, including damage to reputation, difficulty finding employment, strained personal relationships, and potential loss of professional licenses or certifications. Consequently, it is essential that once allegations or charges arise, you retain experienced legal representation to protect your future.
How New Jersey's Lento Law Firm Criminal Defense Team Can Help You
Being convicted of a sex crime can result in prison time and the long-term problems associated with being a registered sex offender. Atlantic County, New Jersey, will prosecute sex crimes to the fullest extent of the law, and it has a vast number of resources to investigate, adjudicate, and punish those alleged to have committed such acts. It is imperative that you have experienced, trusted representation on your side to protect your reputation.
The Lento Law Firm Criminal Defense Team has handled thousands of sex crime cases in New Jersey, including those in Atlantic County. Our team understands the tricky nature of these allegations and strives to provide a strong, strategic defense that protects your rights and interests. Without a compelling legal defense, you risk serious jail time, fines, the loss of professional licenses, and a tarnished reputation that may affect you for the rest of your life. Don't defend yourself alone in Atlantic County, New Jersey. Call the Lento Law Firm Criminal Defense Team at 888-535-3686 today or go online to schedule a free consultation.
