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.

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.

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.

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.

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.

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

Consent is never a defense to sex assault.

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.

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