Your Guide to New Jersey Sexual Assault Laws
Being accused of sexual assault in any state is an unnerving experience and one that should prompt you to contact an experienced attorney. Not being aware of the assault laws and the potential penalties or consequences for being convicted can lead you to make mistakes in your case. Hiring an experienced New Jersey criminal defense attorney can help you in this situation.
In New Jersey, the definition of sexual assault is “any type of sexual contact or behavior that occurs without the explicit consent of the recipient”. Falling under the definition of sexual assault are sexual activities such as forced sexual intercourse, forcible sodomy, child molestation, incest, fondling, and attempted rape. This refers to any unlawful sexual activity – and usually sexual intercourse – which is carried out forcibly or under threat of injury against the will of a person (typically a female) who is beneath a certain age or incapable of valid consent. Like many laws, the sexual assault laws in New Jersey are not black and white. They can all lead to prison time for offenders, however, whether you’ve been charged with aggravated sexual assault, or typical sexual assault for things like sexual contact with someone that doesn’t lead to an injury, sexual contact with an individual under the age of 13 (if the assailant is over 17), or beyond, the prison time may vary.
Any type of sexual assault charges in New Jersey is considered to be felony-based, but the punishments carry different weights. This can depend on numerous factors such as the victim’s age and the nature of the crime. Aggravated sexual assault, for example, could lead to first-degree felony charges with up to 20 years in prison but a typical sexual assault comes with a maximum of 10 years in prison. A judge does not necessarily need to send you to jail for the maximum sentence, but depending on your situation, the judge does have a great deal of discretion and can be more lenient. Facing sexual assault charges requires the assistance of an experienced attorney who has a broad range of knowledge in this field.
At the Law Offices of John W. Tumelty, you are in good hands with an experienced attorney who knows the NJ landscape and does everything possible to protect your interests. Schedule a consultation with Mr. Tumelty today at 609.385.4010 or by filling out his convenient online contact form to begin discussing the specifics surrounding your case.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.