If you’ve been charged with aggravated sexual assault in New Jersey, you face the possibility of severe legal consequences. This includes decades in prison, fines of up to $200,000, and lifelong supervision by the state. With so much at stake, it’s important to understand your situation and what you’re up against. But what is aggravated sexual assault, and how does it differ from the crime of sexual assault?
In the New Jersey criminal justice system, sexual assault is defined as sexual penetration without consent. Aggravated sexual assault is a sexual assault with some aggravating factor, such as the use of a weapon, the infliction of a severe injury, or the fact that the crime was committed during a robbery, kidnapping, homicide, or another serious crime.
In short, aggravated sexual assault is a sexual assault that takes place in combination with another factor that makes the crime more severe. For this reason, it makes a real difference to you whether you are charged with sexual assault or aggravated sexual assault because aggravated sexual assault carries much more severe penalties. Talk to a criminal defense lawyer in Freehold, New Jersey, about your legal options if you face an aggravated sexual assault charge.
Our firm has experience with getting charges of aggravated sexual assault acquitted. To learn more about how we can help you, contact our firm to schedule a free consultation.
Key Elements of Aggravated Sexual Assault
To convict you of aggravated sexual assault, the state must prove the key elements of the crime beyond a reasonable doubt. The key elements of aggravated sexual assault include:
- Sexual penetration, which can be vaginal, anal, or oral.
- That you committed the crime knowingly.
- That there were aggravating factors. For instance, if the state is charging you with aggravated sexual assault on the basis that you used physical force and inflicted severe injury, they must prove both that you used physical force and that you inflicted severe injury by doing so.
If the state fails to prove any element of the charge, they won’t succeed in convicting you.
Aggravated Sexual Assault vs. Sexual Assault
Sexual assault is sexual penetration without consent. This can mean a variety of different things. For instance, New Jersey can charge you with sexual assault for:
- Having any sexual contact with a person under the age of 13 if you are at least four years older than them
- Sexually penetrating another person using coercion or physical force but without severely injuring them
- Having sex with a prisoner when you are a correctional officer
- Sexually penetrating a minor in your household over whom you have parental authority
In any situation where the person does not consent or cannot legally consent to have sex with you, you can be charged with sexual assault. However, sexual assault is a less severe charge than aggravated sexual assault because it lacks any extra aggravating element, such as the use of a weapon, severe injury, or the commission of some other serious crime. Whereas sexual assault is a second-degree crime in New Jersey, aggravated sexual assault is a first-degree crime.
Penalties for Aggravated Sexual Assault in New Jersey
Penalties for aggravated sexual assault in New Jersey include:
- Imprisonment for 15 years to life
- No eligibility for parole for at least 15 years
- Registration as a sex offender
Aggravated sexual assault of a child carries even more severe penalties. If the victim was below the age of 13, the prison sentence goes up to 25 years to life, with no eligibility for parole for at least 25 years.
When you consider the severity of the legal consequences if you are convicted of aggravated sexual assault, it’s clear why you need a highly skilled sexual assault defense lawyer to help you fight these charges.
Defenses to Aggravated Sexual Assault Charges
Sexual assault cases are challenging, but that doesn’t mean there’s nothing you can do to defend yourself against these criminal charges. Some possible defenses that criminal defense attorneys use include:
- Your lawyer can argue that the victim has incorrectly identified you as the person who assaulted them.
- Your lawyer can argue that any sexual contact between you and the other person was consensual. This defense cannot be used when the victim is a minor or otherwise incapable of consent.
- Your lawyer can argue that you did not knowingly commit sexual assault because you mistakenly believed you had the other person’s consent.
- Your attorney can challenge the legitimacy of the evidence the prosecution wants to use in your trial. The court can throw out evidence that was collected improperly.
It’s always best when your defense attorney can make a strong case that you are completely innocent of the charges against you. For instance, if you have a strong alibi or if DNA evidence rules you out as a suspect, your lawyer will push for charges to be dismissed or, if your case goes to trial, for a full acquittal. When that isn’t possible, your attorney will work to get you the best outcome possible under the circumstances. For instance, they may argue that the charges should be dropped from aggravated sexual assault to sexual assault, a crime that carries less severe penalties in the event of a criminal conviction.
Contact Our Criminal Defense Lawyers for Help
Being charged with a first-degree crime like aggravated sexual assault can be an incredibly stressful situation. Your reputation, your future, and your freedom are on the line, and the only way to protect them is to fight these charges aggressively with the help of an experienced criminal defense attorney.
Keith Oliver Criminal Law focuses exclusively on criminal defense. We have the experience and the resources to look closely at the case against you and identify its weaknesses. That’s why we have a track record of successfully getting cases dismissed, charges reduced, and defendants acquitted. We offer a free case review whenever you need it, 24 hours a day, seven days a week.
If you need an aggravated sexual assault attorney in Monmouth, Somerset, or Mercer counties, contact us today to get started with your free case review. We’ll listen to your story, review the facts of your case, and help you understand your legal rights and options and what we can do to support you.
