Aggravated Sexual Assault

Marshall Bonus Proetta & Oliver, 250 Washington Street, Toms River, NJ 08753, defends individuals charged with aggravated sexual assault in Toms River, Brick, Jackson, Manchester, Lakewood, Lacey, Berkeley, Stafford, Little Egg Harbor, Ocean Township and other municipalities in Ocean County.

If you have been charged or indicted in Ocean County for the offense of aggravated sexual assault, you absolutely need to retain a highly qualified defense lawyer to protect your interests. Aggravated sexual assault, also referred to as rape, is the most serious sex crime that is prosecuted at the Superior Court in Toms River. This charge not only triggers registration as a sex offender but is also a first degree crime, the highest grade of criminal offense someone can face in New Jersey. This charge is not something that you entrust to anyone other than an exceptionally experienced criminal attorney.

Brick NJ Aggravated Sexual Assault Defense Lawyer

The attorneys at our firm are former prosecutors, including in Ocean County, who have certainly had many dealings with the members of the Ocean County Prosecutor’s Office over the last two decades. We also happen to possess over 100 years in practice between our eight lawyers. The point is that Marshall Bonus Proetta & Oliver has the experience, knowledge and familiarity with the court system to insure that you have the best protection against a conviction. A lawyer on our team is ready to defend your aggravated sexual assault charge in Toms River, Brick, Jackson, Manchester, Lakewood and anywhere else in Ocean County. Call us at (732) 286-6500 for assistance securing bail or any other issue surrounding your aggravated sexual assault offense. Initial consultations with an attorney are always without charge.

How Does the Prosecutor Prove an Aggravated Sexual Assault Offense?

For the state to convict someone of aggravated sexual assault under N.J.S.A. 2C:14-2(a), the prosecutor must prove that there was sexual penetration and that:

  1. The victim is less than 13 years old;
  2. The victim is at least 13 but less than 16 years old; and the defendant is related to the victim by blood or affinity to the third degree, the defendant has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status, or the defendant is a resource family parent, a guardian, or stands in loco parentis within the household.
  3. The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
  4. The defendant is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;
  5. The defendant is aided or abetted by one or more other persons and the defendant uses physical force or coercion;
  6. The defendant uses physical force or coercion and severe personal injury is sustained by the victim; or
  7. The victim is one whom the defendant knew or should have known was physically helpless, mentally incapacitated, or had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent.
What Constitutes “Sexual Penetration” for Purposes of a Charge of Aggravated Sexual Assault?

Sexual penetration, as applied to this statute, means vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor’s instruction.

What Are the Penalties If Convicted of Aggravated Sexual Assault?

As previously stated, aggravated sexual assault is a crime of the first degree. You face between ten (10) and twenty (20) years in prison if convicted. The No Early Release Act is also triggered at the time of sentencing. What this means is that a defendant convicted of aggravated sexual assault must serve at least 85% of any sentence imposed before he/she is eligible for parole. The fine for first degree aggravated sexual assault is up to $200,000. An individual who pleads or is found guilty for aggravated sexual assault falls within the mandates of Megan's Law. This requires registration and reporting as a sexual offender and community supervision for life.

Berkeley NJ Aggravated Sexual Assault Attorney

Berkeley and other area communities have their share of sex crimes including aggravated assault charges. If you were arrested based on allegations that you had sexual intercourse, oral sex or digitally penetrated another individual in violation of 2C:14-2, the lawyers on our defense team are prepared to fight for you. We are former prosecutors and skilled attorneys that represent those charged with aggravated sexual assault throughout Ocean County, including Lacey, Stafford, Little Egg Harbor and Ocean Township. You can count on an attorney at Marshall Bonus Proetta & Oliver to do what it takes to insure that you reach the best outcome of your case. A lawyer is available 24/7 to help you by calling (732) 286-6500.

Related Sex Crimes Resources to Assist You

Sex Assault Defense Lawyers in Toms River

Endangering the Welfare of a Child Offense

Criminal Sexual Contact Charge

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