Sexual Assault Attorneys Passaic County, NJ

Serving Clients Across Clifton, Wayne, Paterson, Little Falls, West Milford, Woodland Park and Passaic County

Sexual assault and aggravated sexual assault are extremely serious sex crimes which can lead to first or second degree felony charges and up to 20 years in state prison. There are many different actions which fall under the umbrella of sexual assault in New Jersey, and it can be difficult to comprehend where you stand legally. If you or a loved one have been charged with sexual assault or aggravated sexual assault, you do not need to fight this legal battle alone.

At The Montanari Law Group, our defense attorneys understand the life-changing penalties which may result from a conviction of sexual assault or aggravated sexual assault. That is why we protect our clients’ legal rights in New Jersey including towns like Paterson, Wayne, Woodland Park, Clifton, Little Falls, West Milford and the greater Passaic County area. Lean on our extensive experience and knowledge of the New Jersey Criminal Law System to seek reduced or dismissed charges in your sexual assault case.

Call our office today to speak with a member of our criminal defense legal team in a free and confidential consultation regarding your sexual assault or aggravated sexual assault charges and how we can best serve you.

Sexual Assault N.J.S.A. 2C:14-2: Paterson, NJ Sexual Assault Lawyers

Sexual assault is a second degree charge in New Jersey. Pursuant to New Jersey Revised Statutes Section 2C:14-2 – Sexual Assault, an individual may be charged with sexual assault in any one of the following circumstances:

• Offender commits a sexual act with a victim who is less that 13 years of age and the offender is at least four (4) years older than the victim
• Offender commits an act of sexual penetration by using coercion and/or physical force, but the victim is not seriously physically injured
• The offender has legal power over the victim as a supervisor as the victim is on parole, probation, or is detained in a prison, hospital or other institution
• Victim is over 15 years of age but under 18 years of age and the offender and victim are blood or affinity related to the third degree
• Victim is over 15 years of age but under 18 years of age and the offender has disciplinary or supervisory power of the victim
• Victim is over 15 years of age but under 18 years of age and the offender is a parent, guardian or stands in place of a parent
• Victim is 13 years of age or old but less than 16 years of age and the offender is a minimum of four (4) years older than the victim

Clifton, NJ Aggravated Sexual Assault Attorneys

Aggravated sexual assault is a first-degree felony charge in New Jersey. Again, as per the N.J.S.A. 2C:14-2 – Sexual Assault statutes, aggravated sexual assault charges may result from an act of sexual penetration (a key differentiator from non-aggravated sexual assault) in one of the following situations:

• Victim of sexual assault is under the age of 13
• Victim of sexual assault is over 13 but under 16 years of age and the offender and victim are blood or affinity related to the third degree
• Victim of sexual assault is over 13 but under 16 years of age and the offender has supervisory and/or disciplinary power of the victim
• Victim of sexual assault is over 13 but under 16 years of age and the offender is a guardian, parent, or stands in place of a parent in the household
• The sexual assault takes place while the offender or an accomplice participates in separate violent crimes including kidnapping, homicide, robbery, aggravated assault, arson, burglary, or criminal escape
• Offender threatens the victim with any type of weapon
• Offender is aided by an accomplice with the act of physical force or coercion
• Victim was known to be physically or mentally unable to understand the sexual act or able to provide legal consent

West Milford, NJ Sexual Assault Lawyers Discuss Penalties and Defenses

Second Degree Sexual Assault convictions will result in prison sentences between five (5) and ten (10) years with a presumption of incarceration. Fines may also be incurred up to $150,000.

First Degree Sexual Assault convictions will result in a mandatory prison sentence of ten (10) to twenty (20) years with a presumption of incarceration and potential fines up to $200,000.

Both degrees of sexual assault are covered by the New Jersey No Early Release Act, which states that those convicted of violent crimes must serve a minimum of 85% of their prison sentence before the possibility of parole. It is also likely that those convicted will need to register as sex offenders as per Megan’s Law.

There are innumerable defenses against sexual assault and aggravated sexual assault charges. Our West Milford criminal defense lawyers will want to speak with you individually and review the evidence at hand to determine a solid defense. We may strive to contest the facts of your case such as age and mental fitness of the victim, and ideally, strive to show that you did not commit an illegal sexual act of any kind.

Contact our Little Falls, NJ Aggravated Sexual Assault Defense Attorneys

At The Montanari Law Group, we serve clients who have been accused of sexual assault or aggravated sexual assault in New Jersey towns such as Paterson, Little Falls, Clifton, Wayne, West Milford, Woodland Park, and the greater Passaic County region. The embarrassment and potential for heavy punitive measures can be crippling for those accused of sex crimes. Allow us to seek to have your charges reduced or dismissed so you can clear your good name and move on with your life.

Contact us online or through our Little Falls offices by calling (973) 233-4396 today. A member of our legal defense team will be standing by to discuss the details of your sexual assault or aggravated sexual assault charges and to find out how we can best serve your needs.