Sex Crime Defense in Cumberland County

Dealing with allegations or charges emanating from sex crimes is a formidable undertaking, especially in Cumberland County, New Jersey. Facing a judge or jury without proper representation means defendants risk maximum punishments measured in years and even decades behind bars, hundreds of thousands of dollars in fines, and inclusion in the state's sex offender registry. Therefore, a proven attorney is not only desirable but imperative. For instance, intensified emotions can weigh down proceedings, particularly when friends, family, and close community members may be involved. Although charges are dropped or unsubstantiated, former defendants can have their public reputation tainted afterward.

The necessity for a robust and persuasive defense strategy is evident. Attempting to face such allegations without legal support is unwise. Act with the gravity the situation deserves and seek the Lento Law Firm Criminal Defense Team. Our knowledge will ensure that your right to due process and an impartial defense are upheld, laying the groundwork for a vigorous challenge to any sex crime accusations. Cumberland County prosecutors wait to assemble a compelling case against you, so act immediately and contact the Lento Law Firm at 888-535-3686 or go online.

How Does New Jersey Rank Sex Crimes?

Sex crime charges will be categorized by the New Jersey justice system by five distinct levels of legal severity. Also referred to as degrees, the following are offenses and their potential maximum punishments.

• First-Degree Offense: Maximum Incarceration of 10 to 20 years and a maximum fine of up to $200,000, and in some cases, up to life
• 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

In New Jersey, the way in which any sex crime case is handled depends on the unique details and context of each situation. More severe criminal actions, such as rape and aggravated sexual assault, usually fall under first-degree offenses. Likewise, offenses of lower legal gravity, such as indecent exposure or lewdness, are often considered fourth-degree crimes or disorderly offenses.

Understanding Consent Laws

In New Jersey, sexual activities labeled as assault or contact occur when the person involved either withholds consent for the sexual engagement or lacks the legal capacity to authorize such an act. The following groups represent individuals who are legally incapable of granting consent:

• Children under 16
• Individuals with various physical or mental incapacities
• Those without consciousness
• People under the influence of substances like drugs or alcohol
• Minors when the other consenting party has any parental, guardian, or supervisory authority

There is one distinction for some minors, though. Consent laws don't apply in the same way to individuals aged between 13 and 16. For example, a 14-year-old and a 16-year-old may legally consent to each other.

New Jersey Sex Crimes Statute of Limitations

A state's statute of limitations outlines the time period within which a crime may be reported and taken through the steps of the criminal justice system. This ensures timely legal action for accusers and protects due process for the accused in civil and criminal cases.

For civil charges, N.J.S.A. 2C:14-2a provides victims of sex crimes 37 years after attaining the age of majority—18 years old—to file a suit if the alleged action happened when the victim was a minor. Adult victims are given seven years, beginning when they acknowledge a civil right to claim relating to a former sexual offense. The approach toward criminal allegations in New Jersey differs significantly. For severe offenses characterized by aggravated conduct, such as sexual assault or rape, the statute of limitations has been eliminated, applicable to minors and adults.

Given the seriousness of sex crime allegations, some might attempt to circumvent future lawsuits by filing and resolving potential abuse suits on a class-action basis. New Jersey law, however, forbids this, stating that "any private, contractual arrangement intending to settle claims… on a class basis is against public policy and shall be void and unenforceable."

Common Sex Offenses in New Jersey

Understanding the nuances of sex crimes hinges on identifying the particular nature of the alleged offense. For example, the judiciary will draw a legal boundary between activities involving sexual penetration and those that involve only sexual contact. These distinctions can determine whether an offense is categorized as a third-degree crime or elevated to the status of a first-degree crime.

N.J.S.A. 2C:14-1 defines the two as the following:

• Sexual penetration: "vaginal intercourse, cunnilingus, fellatio or anal intercourse" resulting from inserting a "finger, hand, or object."
• Sexual contact: intentionally touching the victim's "intimate parts" either directly or through clothing, committed to degrade or humiliate the victim or for sexual arousal or gratification.

The severity of the offense, and thus the degree, is influenced by a variety of elements, including the following:

1. The victim's age
2. The age of the accused
3. Connections between the accuser and accused
4. Facts of the alleged act
5. Motivations leading to the alleged act

While there are multiple charges a defendant can face, there are a few more common ones, like those listed below:

• Aggravated sexual assault (N.J.S.A. 2C:14-2(a)): A first-degree crime involving 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.
• Sexual Assault(N.J.S.A. 2C:14-2(b)-(c)): A second-degree crime—also known as rape—involving sexual penetration through the use of physical force or coercion—without physical harm—when the accuser is physically or mentally incapacitated or under the defendant's legal control or supervision.
• Aggravated criminal sexual contact (N.J.S.A. 2C:14-3(a)): A third-degree crime involving sexual contact after coercion or force that leads to a physical injury to the accuser or with certain minors.
• Criminal sexual contact (N.J.S.A 2C:14-3(b)): A fourth-degree crime that involves sexual contact using coercion but where the victim is not injured, and force wasn't used, in circumstances similar to those that would apply in a sexual assault case.
• Indecent exposure (N.J.S.A 2C:14-4(b)): A fourth-degree crime involving exposing intimate parts for the purpose of sexual gratification when the defendant reasonably knows that they will be seen either by a child under 13, certain minors, depending on the age of the defendant, or by someone with a mental incapacity that makes them unable to understand the sexual nature of the exposure.
• Lewdness (N.J.S.A 2C:14-4(a)): A disorderly offense—fourth-degree is involving a minor under the age of 13—involving any act in which the defendant reasonably expects is likely to be observed by "nonconsenting persons who would be affronted or alarmed."

Investigation and Trial Procedures

Don't assume that you'll have ample time to prepare yourself before legal proceedings commence. New Jersey's justice system has adopted a swifter approach to handling sex crimes. As per the Office of the Attorney General, local law enforcement agencies are mandated to forward all sex crime cases presumed to be above a third-degree classification to the prosecuting authorities within a 24-hour window. Regardless of the type of allegation, anticipate an immediate investigation.

If local officials find reasonable grounds to believe a crime has been committed, an arrest may be made based on the preliminary facts presented. Subsequently, the prosecutor in Cumberland County will scrutinize the initial evidence to decide upon the applicable charges. As the pretrial phase gets underway, the accused will interact with the judicial system in various capacities, including but not limited to the following:

1. Arraignment—formal reading of the criminal charges in the defendant's presence.
2. Bail—conditional release of a defendant with the promise to appear in court on a scheduled date.
3. Discovery—parties will trade information and evidence with each other.
4. Plea Negotiations—agreements between the prosecution and defense for a plea to provide for a punishment less than the legal maximum.
5. Pretrial motions from either party—attempts to overturn evidence, dismiss charges, and address other legal materials.

If the judge decides to advance the case to a complete trial, the significance of professional legal counsel is amplified further. During the trial, both the defense and prosecution initiate proceedings by outlining their case in opening statements. They proceed to present evidence and call upon witnesses, with opportunities to cross-examine each other's witnesses. Then, both sides recapitulate their positions through closing arguments, leading to deliberation and the eventual verdict. If the charges are substantiated, a separate sentencing hearing is scheduled to assess a suitable penalty in compliance with New Jersey's laws.

Sex Crime Mandatory Minimum Sentences

The consequences of any sex crimes in New Jersey will depend heavily on what degree of offense is substantiated throughout the trial process. Moreover, the recurrence of offenses will invoke further sentencing implications. N.J.S.A. 2C:14-6 states that individuals charged and convicted with a second offense are labeled as habitual offenders. Even if it's one's first New Jersey criminal charge, a prior conviction in another state will influence sentencing. Those deemed habitual offenders must serve a minimum sentence of five years without parole, and even the judge lacks the discretion to reduce the time served.

Reductions for incarceration are possible in certain cases. Still, under the provisions of New Jersey's "No Early Release Act," some must serve at least 85 percent of their sentence before release in some cases. Yet, only those who are convicted of crimes of an aggravated nature and those minors are subject to such provisions of N.J.S.A. 2C:43-7.2.

Sexual Offender Registry

Although many defendants focus on monetary fines and time in prison, there is a further public punishment for those convicted of sex crimes. Those found guilty of particular crimes must register as sex offenders, but only those identified under N.J.S.A. 2C:7-2.

New Jersey's system separates registered offenders into three tiers, each based on the probability of re-offense. Every tier will have varying degrees of personal information—like a home address—made accessible to any member of the public with an Internet connection. Some examples of convictions that call for placement on the New Jersey Sex Offender Internet Registry include the following:

• Aggravated sexual assault
• Sexual assault
• Aggravated criminal sexual contact
• Criminal sexual contact against a minor.
• Criminal restraint or false imprisonment of a minor.

Even individuals in the least severe category may be obligated to notify law enforcement when they are in certain areas. Therefore, prior to contesting any accusations or charges related to sexual offenses, it's imperative to consult with a professional team.

How New Jersey's Lento Law Firm Criminal Defense Team Can Help You

If you are grappling with accusations or formal charges related to sexual offenses, you face not only legal repercussions but also reputational damage, difficulties in employment, strained personal relationships, and potential loss of professional licenses or certifications. Even if you are convinced of your standpoint's validity, attempting to represent yourself in court is unwise. Instead, enlist a qualified team ready to advocate for you immediately.

With extensive experience both in Cumberland County and throughout New Jersey, the Lento Law Firm Criminal Defense Team is poised to collaborate with you, offering a robust, carefully crafted defense that prioritizes your rights and overall defense. In Cumberland County, the pursuit and enforcement of sexual crimes is carried out with unyielding resolve, with the justice system utilizing comprehensive and rigorous approaches to investigate, assess, and penalize those accused. Availing yourself of the unwavering legal guidance offered by the Lento Law Firm Criminal Defense Team is crucial for protecting your reputation and well-being. Call 888-535-3686 or go online today.