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Jersey City Sexual Assault Defense Attorney

Have you been charged with sexual assault in Jersey City? Hiring an experienced, dedicated defense attorney can help protect your freedom and reputation by pursuing a favorable resolution to your case.

Contact William Proetta Criminal Law for a confidential, free consultation to learn how our Jersey City sexual assault defense attorney can offer guidance and advocacy to you during this stressful and challenging time.

Why You Need Our Law Firm When Facing Sexual Assault Charges in Jersey City

A conviction for sexual assault can have long-lasting consequences on your life, from your freedom and financial well-being to your reputation and your ability to live your life in peace. You deserve knowledgeable legal counsel who will vigorously pursue the best possible outcome given the circumstances of your case.

For years, people have turned to the legal team at William Proetta Criminal Law for help fighting sexual assault charges in Jersey City because of:

  • Our extensive experience – We focus exclusively on criminal defense and have successfully handled thousands of criminal cases. Our legal team has an in-depth understanding of New Jersey criminal law, court procedures, and the local courts themselves, which enables us to develop tailored strategies to fight for our clients’ interests.
  • Our straightforward approach – Many of our clients have never faced the criminal justice system and worry about how an arrest or conviction will affect their lives. We offer an honest, straightforward assessment of your case, including advising you of the possible outcomes and defense strategies available so you can make an informed decision for your best interests.
  • Our personalized attention – We treat each client with the care and respect they deserve. You will work directly with a trial-tested attorney handling your case rather than going through a paralegal or case manager to get the answers and assurances you deserve.
  • Our local knowledge – Our firm proudly represents clients facing charges in Hudson, Union, Ocean, and Middlesex Counties. We know these counties’ prosecutors, judges, and local court staff and understand how criminal cases play out here. Our insights give us a solid position to pursue a favorable resolution to your case.

New Jersey Sexual Assault Law

In New Jersey, the crime of sexual assault typically involves an act of sexual penetration of a victim unable to consent to the act, such as due to legal capacity (like minors) or physical or cognitive incapacity, or without the victim’s consent.

Different Types of Sexual Assault Charges Under NJ Law

New Jersey law recognizes two types of sexual assault charges: sexual assault and aggravated sexual assault. A person commits sexual assault when they engage in an act of sexual penetration when:

  • The person commits the act using coercion or without the victim’s affirmative and freely given consent.
  • The person commits the act upon a probationer, parolee, inmate, or detainee over whom the person has supervisory or disciplinary authority.
  • The person commits the act upon a victim between 16 and 18 related to the perpetrator by blood or affinity to the third degree, over whom the person has a supervisor or disciplinary authority, or whom the person serves as a guardian or in loco parentis.
  • The person commits the act upon a victim between 13 and 16, and the person is at least four years older than the victim.
  • The person commits the act upon a student between 18 and 22 who has not received a high school diploma, and the person has supervisory or disciplinary over the student.

It is also sexual assault when a person commits an act of sexual contact with a victim under 13, and the perpetrator is at least four years older than the victim.

A person commits aggravated sexual assault under New Jersey law when they commit an act of sexual penetration when:

  • The victim is under 13.
  • The victim is between 13 and 16, and the perpetrator is related to the victim by blood or affinity to the third degree, has supervisory or disciplinary authority over the victim, acts as a resource parent or guardian, or stands in loco parentis.
  • The act occurs during the commission or attempted commission of a robbery, carjacking, kidnapping, burglary, arson, criminal escape, aggravated assault, or homicide.
  • The perpetrator has a weapon or another object the victim reasonably perceives as a weapon, and the perpetrator makes a statement or gesture threatening the use of the weapon or object.
  • The perpetrator commits the act using coercion or without the victim’s affirmative and freely given consent, with the assistance of one or more persons.
  • The perpetrator commits the act using coercion or without the victim’s affirmative and freely given consent, and the victim suffers severe injury.
  • The perpetrator knows or should know that the victim has a physical or intellectual incapacity or a mental disease or defect that renders them incapable of understanding the nature of the conduct or providing valid consent.

Penalties and Consequences for Sexual Assault Convictions in Jersey City, New Jersey

In New Jersey, sexual assault is a second-degree crime, which carries penalties of five to 10 years in prison and a potential fine of up to $150,000.

New Jersey law grades aggravated sexual assault as a first-degree offense. Penalties for a conviction for a first-degree offense include a prison term of 25 years to life, although prosecutors can offer a negotiated plea deal for a minimum prison sentence of at least 15 years. A first-degree offense conviction may also result in up to $250,000 in fines.

A sex crime conviction could result in additional consequences beyond incarceration and fines. People convicted of sexual assault typically must register as sex offenders under the sex offender registration system established by New Jersey’s Megan’s Law. Some offenders may also face parole supervision for life, which requires an offender to follow various conditions or restrictions ordered by the court.

Potential Defense Strategies for Sexual Assault Charges

Depending on the specifics of your case, you may have various factual or legal defenses or case strategies available to fight your sexual assault charges. Common defense strategies in sexual assault cases include:

  • Consent
  • Mistaken identity
  • Falsely accused
  • Alibi
  • Fabrication
  • Contesting the reliability of forensic evidence
  • Challenging the admissibility of evidence or statements

With the help of our experienced sexual assault attorney, it may be possible to have your sex crime charges dropped or reduced. If your case goes to trial, our quality legal representation will focus on pursuing an acquittal through the legal process. In some situations, it may be in your best interest to accept a plea bargain where you plead guilty in exchange for reduced charges and penalties.

Choosing the Right Sexual Assault Defense Attorney in Jersey City

When sexual assault charges have put your freedom, reputation, and future on the line, choosing the right Jersey City criminal defense lawyer can make all the difference in the outcome of your case. You need a lawyer with in-depth knowledge of New Jersey sexual assault laws, familiarity with the local court system, and a proven record of obtaining successful results for clients.

Get Help from a Jersey City Sexual Assault Defense Lawyer Now

If you’ve been charged with sexual assault or another sex crime in Jersey City, you need an experienced criminal defense attorney to help protect your rights and future. Contact William Proetta Criminal Law for a free, confidential consultation with a Jersey City sexual assault defense lawyer, and let us start protecting your rights today.