Monmouth County Criminal Sexual Contact Lawyer
Criminal sexual contact is a rather complicated statute and it encompasses a wide array of potential conduct. It is considered a “sex offense” and as such, anyone charged with this offense in Monmouth County will be prosecuted by the Special Victims Unit (SVU) of the Monmouth County Prosecutor’s Office. Although criminal sexual contact is probably the lowest level “sex offense” that someone could be charged with in New Jersey, the potential consequences if convicted are devastating. They include not only incarceration and high fines but the potential of registering under Megan’s Law for at least fifteen (15). If you have been charged with criminal sexual contact, aggravated sexual assault, sexual assault, aggravated criminal sexual contact, endangering the welfare of a child, possession of child pornography, invasion of privacy or lewdness in Monmouth County it is imperative that you speak to an experienced criminal defense attorney. These types of charges are rather complex and have a ton of potential consequences that should only be handled by an attorney who routinely practices in this area of law.
Looking for Local Criminal Sexual Contact Attorney in Asbury Park
Our attorneys have representing clients charged with criminal sexual contact in Monmouth County for the better part of the last decade now. Mr. Oliver, one of the firms founding partners, has dedicated his entire career to defending those accused of crimes in courts throughout New Jersey, including Monmouth County. Our attorneys have handled countless “sex offenses” such as criminal sexual contact, aggravated sexual assault, endangering the welfare of a child and sexual assault. If you or a loved one has been charged with a criminal offense in Monmouth County, in towns like Holmdel, Tinton Falls, Marlboro, Aberdeen, Hazlet, Belmar, Manasquan, Brielle, Freehold, Manalapan, Long Branch or Asbury Park, we can help. If you would like to come into our office to have a face to face consultation with one of our attorneys then please contact us at (732)858-6959. We are available 24/7 and as always our initial consultations are free of cost. Now here is some pivotal information on the offense of criminal sexual contact including the potential penalties if convicted.
How Serious is Criminal Sexual Contact Charge in NJ?
Criminal Sexual Contact Charges in NJ: N.J.S.A. 2C:14-3b
The governing statute in New Jersey for the offense of Criminal Sexual Contact is N.J.S.A. 2C:14-3b. As touched upon above, there are various different fact scenarios in which a Defendant could be charged with criminal sexual contact in New Jersey. However, all of the scenarios must include some form of “sexual contact” by the Defendant. Sexual Contact has been defined as an “intentional touching” by either the victim or by the Defendant, either directly or through clothing, of victim’s or Defendant’s “intimate parts” for the purpose of degrading or humiliating the victim or sexually arousing or gratifying Defendant. Therefore, to be convicted of criminal sexual contact, the State must prove beyond a reasonable doubt that the Defendant:
- The Defendant purposely committed an act of sexual contact with another person; &
- The Defendant used physical force or coercion but the victim did not sustain severe personal injury; or
- The victim was on probation/parole or they were detained in a hospital/prison/institution and the Defendant had supervisory power over the victim; or
- That the victim is at least 13 years old but less than 16 years old and the Defendant is at least four years older than the victim; or
- That the victim was at least 16 years old but less than 18 years old; &
- The Defendant is related to the victim by blood or affinity; or
- The Defendant had supervisory/disciplinary power of any nature or in any capacity over the victim; or
- The Defendant is a resource family parent, a guardian or stands in loco parentis within the household.
“Physical force or coercion” is probably the most common “scenario” alleged. This has been interpreted by the Courts to mean any non-consensual touching of the victim by the Defendant. As you can tell from reading that phrase, it does not take much for an intentional touching to be considered to have been committed by “physical force or coercion”. This is a very prosecution friendly statute, therefore, it is imperative that you seek the assistance of an experienced criminal defense attorney immediately.
Can I be Served with a Restraining Order Based on Criminal Sexual Contact?
In short, yes. If it is determined that the alleged victim would qualify as a protected party pursuant to New Jersey’s Domestic Violence Prevention Act then they would be entitled to a temporary restraining order (TRO). A TRO is separate and apart from any potential criminal charges. If an individual is served with a TRO based on a criminal sexual contact allegation then they will be required to defend the allegation at a Final Restraining Order hearing which would take place in Family Court. Although the same set of facts was used to obtain the criminal charge and the restraining order, they are two different proceedings, both of which have their own separate consequences. For more information on the consequences of a final restraining order, please click the link.
What is the Sentence for Criminal Sexual Contact Charge in NJ?
Criminal sexual contact is a fourth degree felony offense in New Jersey. If convicted, a Defendant is facing up to eighteen (18) months in a State Prison and fined up to $10,000. In addition, this offense falls under mandatory Megan’s Law Registry if the victim in the case is a minor. With that being said, a Defendant may be eligible for a diversionary program known as Pretrial Intervention (PTI). If an attorney can convince the prosecution and the Judge to allow the Defendant to participate in the PTI program they will be afforded the opportunity to walk away from these otherwise potential life changing consequences with not only never serving a day in Jail but without a criminal record as well. In addition, if a Defendant is accepted into the PTI program there will be no Megan’s Law Registry.
Experienced Criminal Sexual Contact Lawyer in Neptune NJ
As you can tell from above, these are life changing charges. If convicted, the penalties can be absolutely devastating to one’s future. If you or a loved one has been charged with criminal sexual contact, kidnapping, aggravated assault, lewdness, possession of child pornography or distributing child pornography in Monmouth County, the Keith Oliver Criminal Law can help. Our criminal defense attorneys have the experience, skill set and knowledge to successfully protect your rights. If you would like to schedule a free consultation today then contact us at (732)858-6959. Please do not hesitate to contact us if you have any questions. We serve all of Monmouth County including Neptune, Lake Como, Ocean Township, Matawan, Keyport, Keansburg, Union Beach, Wall Township, Hazlet, Howell and Middletown.