Criminal Sexual Contact

The criminal lawyers and former prosecutors at Law Offices of Jonathan F. Marshall, 10 Allen St #2Dreet, Toms River, NJ 08753, are ready to defend the criminal sexual contact or aggravated sexual contact charge that was filed against you in Toms River, Brick, Lakewood, Little Egg Harbor, Jackson, Manchester, Berkeley, Barnegat, Stafford, Long Beach, Point Pleasant, Seaside Heights or another Ocean County municipality.

Our defense attorneys appreciate just how serious a fourth degree crime for the offense of criminal sexual contact can be in Ocean County. The stakes involved with a charge for aggravated criminal sexual contact are even higher since that is a third degree crime. If you were charged with either variety of criminal sexual contact in Brick, Toms River, Jackson, Manchester, Berkeley or another municipality, you certainly need to hire the best lawyer you can find. Indeed, a conviction for criminal sexual contact or a aggravated criminal sexual contact can land you in jail for a significant period. Representation by an attorney who is skilled in defending Ocean County sex crimes can definitely help to insure that you have every chance of averting life changing ramifications such as these.

A defense lawyer at Law Offices of Jonathan F. Marshall has the skills needed to help you successfully defend the criminal sexual contact offense that was filed against you in Lakewood or elsewhere in the county. We are former county and municipal prosecutors who have defended aggravated and criminal sexual contact charges for decades. In fact, the collective experience of the attorneys on our defense team exceeds 100 years. We certainly have the knowledge and familiarity with the Ocean County court system to help you defend a criminal sexual contact offense and are available 24/7 for free consultation. Contact our Toms River Office at (732) 286-6500 to speak to one of our lawyers immediately.

The prosecutor must prove certain elements under N.J.S.A. 2C:14-3 in order to convict you of criminal sexual contact. More specifically, they must establish that there was “sexual contact” and that:

1. The defendant used physical force or coercion; OR
2. Victim was on probation, parole, or detained in a prison or other institution AND defendant had supervisory or disciplinary power over the victim by virtue of defendant’s legal, professional or occupational status; OR
3. Victim was at least sixteen (16) but less than eighteen (18) AND defendant is either related to the victim, had supervisory or disciplinary power over the victim, or stands in loco parentis within the household (i.e. foster parent or guardian); OR
4. Victim was less than sixteen (16) but older than thirteen (13) AND defendant was at least four (4) years older than victim.

"Sexual contact" is defined under N.J.S.A. 2C:14-1(d) as the "intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor." Intimate parts includes sexual organs, genital area, anal area, inner thigh, groin, buttock and breast area.

Criminal sexual contact is deemed to be aggravated when certain circumstances exist. The charge is enhanced to a third degree crime when this occurs, namely, aggravated criminal sexual contact. There are six (6) situations that will cause a criminal sexual contact to escalate in this manner and they are commission of the offense: (1) while armed; (2) while attempting or committing robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape; (3) with the assistance of another person using force; (4) using force that results in severe personal injury to the victim; (5) when the victim is physically helpless or mentally incapacitated; or (6) where the victim is at least thirteen (13) but less than sixteen (16) AND the actor is related to the victim to the third degree, had a supervisory or disciplinary role over the victim or stands loco parentis within the household (i.e. foster parent or guardian).

Criminal sexual contact is a fourth degree crime, a felony, that results in up to 18 months in prison and a fine of up to $10,000. Aggravated criminal sexual contact is a crime of the third degree and a felony sex crime. If convicted, you will face between three (3) and five (5) years in prison and a fine up to $15,000.00.

If the victim of the criminal sexual contact or aggravated sexual contact offense is a minor, the state has five years from the date of the child reaching majority (i.e. 18 years old) to file the charge. The time limit is five (5) years from the date of the incident in all other instances.

If the victim is a minor, Megan's Law applies. What this means is that you will be a registered sex offender if the sexual contact was with a minor.

A criminal complaint or indictment for criminal sexual contact has the potential to spike into a major issue in your life. To make sure you are fully protected against the complications of a conviction for this offense or, worse yet, aggravated criminal sexual contact, a qualified lawyer is an imperative. The attorneys at Law Offices of Jonathan F. Marshall have represented many individuals charged under 2C:14-3 over the last twenty plus years. Whether you were arrested in Barnegat, Stafford, Long Beach, Point Pleasant, Seaside Heights or another municipality, we are equipped with the tools to succeed on your behalf. An attorney is available now at (732) 286-6500 to conduct a complete review of your case and to provide you will insight in terms of your best defense.