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Sexual Assault

The sexual assault defense lawyers at Law Offices of Jonathan F. Marshall, 10 Allen St #2Dreet, Toms River, NJ 08753, defend rape and statutory rape charges at the Superior Court in Toms River arising in Toms River, Jackson, Brick, Lacey, Manchester, Point Pleasant, Seaside Heights, Long Beach, Ocean Township, Stafford, Berkeley and other municipalities in Ocean County.

The attorneys at our firm have dealt with sex assault charges under all sorts of circumstances. The majority of sexual assault offenses pursued by the Ocean County Prosecutor's Office in Toms River do not involve a forcible rape but rather allegations of a fair less violent incident. Irrespective of why you were charged with sexual assault in Toms River, Berkeley, Brick, Lacey, Manchester or another municipality, you must obtain representation by an highly skilled criminal defense lawyer. You are facing a second degree crime that can result in as much as a decades in prison and always requires registration as a sex offender under Megan's Law. The lawyers at Law Offices of Jonathan F. Marshall are seasoned litigators that will aggressively and skillfully defend you so that you have the best chances of avoiding consequences such as these. Our Toms River Sex Assault Lawyers include former prosecutors and a team of advocates that possess over a century (i.e. 100 years) of combined experience. Contact our Toms River office at (732) 286-6500 to speak to a member of our defense team immediately in a free initial consultation.

Jackson NJ Sex Assault Lawyer

There are common questions that are frequently asked by individuals charged with sex assault in Jackson and other locations in Ocean County. The following are answers to these reoccurring questions.

How Can Someone Be Charged With Sexual Assault?

The offense of sexual assault is set forth at N.J.S.A. 2C:14-2. Sexual penetration is a necessary element in order for sexual assault to arise. The only exception is where the victim is under thirteen (13). All that is required when the victim is under thirteen (13) is for the actor to have "sexual contact" with the victim. In all other instances, sexual penetration must have occurred. When this occurs by force, the violation is commonly referred to as rape. Sexual assault also arises when there is sexual penetration with a victim that is at least 13 but less than 16 years old and the actor is at least four years older. In addition, a sex assault is triggered when there is sexual penetration with a victim between sixteen (16) and eighteen (18) by an actor who is: (1) related to the victim by blood or affinity to the third degree; (2) in a supervisory or disciplinary capacity over the victim; or (3) a resource family parent, a guardian, or stands in loco parentis. The fifth and final instance under which someone may be indicted is where the victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

What Are the Penalties for Sexual Assault?

As a second degree crime, an individual faces a state prison sentence of five (5) to ten (10) years if they are convicted of sexual assault. The sentence will be subject to the guidelines set forth in the No Early Release Act (“NERA”). NERA requires that individuals convicted of sexual assault serve at least 85% of their prison sentence before becoming parole eligible. A judge at the Toms River Superior Court or elsewhere may also impose a fine of up to $150,000.

Does Megan's Law Apply to Sex Assault?

Yes. Every defendant convicted of sexual assault under N.J.S.A. 2C:14-2 is required to register as a sex offender and comply with all requirements imposed under Megan's Law.

Is There a Statute of Limitation for Filing a Charge for Sex Assault?

Unlike most criminal offenses, there is no time limitation for indicting an individual sexual assault.

When Is Consent a Defense to Sexual Assault?

Consent is never a defense to sex assault.

Jackson NJ Sexual Assault Defense Lawyers

A sex assault offense clearly has the ability to be life altering. There is no doubting the severity of the stakes when someone is charged with forcible rape, statutory rape or any other variety of N.J.S.A. 2C:14-2 violation. Failure to escape a plea or finding of guilt will almost certainly result in a prison sentence and community supervision for life. Hiring the right attorney, one with a track record of success, is imperative for anyone hoping to avoid these extreme sanctions. The lawyers that encompass our defense team have these attributes and have been defending sex crimes in Ocean County for decades, including those arising in Point Pleasant, Seaside Heights, Long Beach, Ocean Township and Stafford. To speak to a lawyer at Law Offices of Jonathan F. Marshall about the allegations of sexual assault that were made against you, call (732) 286-6500. Attorneys are available 24/7 for free consultation.

Related Sex Crime Resources to Assist You

Toms River NJ Aggravated Sexual Assault Attorney

Megan's Law Violation in Ocean County

Second Degree Endangering the Welfare of a Child Offense in Toms River

What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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