Aggravated Sexual Assault

New Jersey Sex Crimes Lawyer

Aggravated Sexual Assault Charges

NJ Aggravated Sexual Assault charges are among the most serious crimes.

These charges are classified as First-Degree felonies. 

The term for a felony in New Jersey is Indictable Offense.

We are sorry to break the bad news but these types of cases carry lengthy prison sentences.

What Is Aggravated Sexual Assault?

New Jersey defines it as a crime in which one person forces another person to have:

  • vaginal intercourse;
  • cunnilingus;
  • fellatio;
  • anal intercourse;
  • or to be subject to the “insertion of a hand, finger or another object” in the vagina or anus. 

6 ways that you can be charged with Aggravated Sexual Assault

There are a number of situations where you can be charged with this crime.

Below, you will find different instances & scenarios as to when this crime is committed.

  • The alleged victim is younger than 13.
  • The alleged victim is 13 to 16 years old, and the defendant is related by blood or other legal means to the minor (such as a legal guardian).
  • The alleged sexual assault occurred while another crime was being committed or attempted (such as a kidnapping or a robbery).
  • The alleged sexual assault involved physical force that resulted in bodily injury.
  • The defendant allegedly had a weapon and threatened to use it during the assault.
  • The alleged victim was helpless or incapacitated (such as if the person was unconscious or unable to move), and the defendant knew or should have known that.

Aggravated Sexual Assault - Consequences

Aggravated Sexual Assault is First-degree crime.
You are facing the following:

  • Between 10 and 20 years in prison;
  • NERA (below);
  • Parole Supervision for Life (below;
  • Megan Law’s Registration (below)

No Early Release Act

Under New Law (NJSA 2C:43-7.2) there is something called the No Early Release Act (NERA).

This law  states that if you are convicted of Aggravated Sexual Assault, you will not be eligible for parole until you serve 85% of your prison sentence.

Example, if you are sentenced to ten years in prison, you have to complete 85% of your ten year sentence before you become eligible for early release.

We have included the full NERA Statute for your review.

Parole Supervision For Life (PSL) NJSA - 2C:43-6.4

If you have been convicted of aggravated sexual assault, the judge must sentence you to “life supervision”.

This means that after you are released from prison, you will have many limitations on what you will be able to do when you get out.

Your parole officer can drop in on you unannounced and search your home for prohibited internet or smartphone use.
Yes, your internet use will be extremely limited or non-existent.

You will have to submit to drug & alcohol testing.

In limited circumstances, you can apply to remove this “life supervision” after 15 years.

Megan's Law

Under New Jersey’s Megan’s law, you will have to register as a sex offender at the local police department where you live.

Every case is different but you have to report frequently.

Of course, you have to immediately report any changes of address & employment.

Community Notification
If you are subject to Megan’s Law, then you will be subjected to community notification.

This means that your name will be put into a national sex offender registry. Anyone who works or lives near you will have access to your information.

Your Information Will Be Available Online

Under Megan’s, the New Jersey State Police will publish your personal information.
Your personal information will include:

  • Name;
  • Address;
  • Date of birth;
  • Crime for which the individual was convicted;
  • Your physical description; and
  • Your picture.

Is There A Statute Of Limitations For Aggravated Sexual Assault?

The Statute of Limitations does not run until two years after the victim reaches the age of 18 years (assuming that the victim was a minor at the time of the commission of the offense) or five years after the commission of the crime, whichever is later.
See N.J.S.A. 2C:1-6b (4)

i'm under investigation:
Should I talk to the police & explain my side?

We advise every client that walks through our doors to never speak to law enforcement.
You risk incriminating yourself every time you try to explain things to law enforcement.
The truth is that you always have time before trial to give a statement to the police.
Remember, if you make one single mistake while giving your statement, you can never take it back.
It’s that “innocent statement” that will land you in prison for a decade.
If you are the subject of an NJ aggravated sexual assault investigation, call us.
We are here to protect you.

Actions you should take if the police approach you

If the police approach you to get your side of the story, remember these commandments:

1. Never Speak to the police until you retain a lawyer
2. Never Answer police questions until you retain a lawyer.
3. Never Admit anything to the police until you retain a lawyer.
It is human nature to try and explain your side of things but you should never try to explain anything if you are being investigted for a crime.

The problem is that you never help your situation when you answer police questions.
In fact, you make matters worse because the tiniest piece of information can get twisted.

Defending Against Aggravated Sexual Assault Charge?

The Consent Defense

If your accuser is an adult, the strongest defense for this type of crime is “consent”.

Consent means that you and the alleged victim agreed to engage in the underlying sexual behavior.

Even if the government has DNA evidence against you, they have to prove that your actions were “non-consensual”.

These cases become credibility issues or “he said, she said” cases.

The victim in your case most likely had a “rape kit” performed.

This means that medical professionals swabbed certain areas of the alleged victim’s body & obtained your DNA.

This only proves that you were together, but it doesn’t prove that the sexual contact was either forced or without consent.

The most important job of your NJ aggravated sexual assault lawyer is gathering evidence that supports your version of the encounter.

Evidence supporting the “consent” defense consists of:

  • Obtaining text messages between you &  your accuser before & after the sexual encounter;
  • Obtaining any eyewitness statements that may have observed your sexual encounter;
  • Obtaining any surveillance-type video surrounding the incident;
  • Obtaining contradictory statements that your accuser made about the incident

Important:

This defense is not available to you if your accuser is a minor.
A minor cannot legally “consent” to engage in sexual behavior.

The Lack of Evidence Defense

For the government to prove that you committed aggravated sexual assault against your accuser, they need to prove that you committed one of the acts defined above.

If the State obtains your DNA from your accuser, this is very strong evidence against you.

However, if the State failed to obtain your DNA evidence from the alleged victim, their case grows very weak.

Now, if the State does not have DNA evidence, they can still build a strong case against you if you provided a statement to the police.

Many people who are accused of this crime provide a statement to the police where they admit to having sex.

This could be a fatal mistake.

Once you admit to the police that you had sex with your accuser, the State doesn’t need your DNA evidence.

They have your statement.

Final Thoughts

As you have read, aggravated sexual assault charges are extremely serious & carry life-changing consequences.

These charges are not to be taken lightly.

The best advice we have is that you do your research & get a lawyer that will fight for you every step of the way.

Meet with different attorneys and choose a lawyer that comes across as a real fighter.

Aggravated sexual assault cases are long battles that can span months & years.

You need an attorney that will aggressively investigate and advocate for you throughout this long process.

Our Experience

You or a loved one have been arrested. Understandably, you are terrified & have a lot of questions. You’ve heard about plea bargains & probation, but the process is overwhelming. You want a local attorney near you to represent you.

Mr. Peyrouton is from Ridgewood & handles all types of criminal matters in New Jersey The New Jersey Law Journal recently published one of his articles on the subject of criminal law.

How We Can Help

Regardless of the criminal charges you are facing, we are here to defend & protect you. Whether you are facing a restraining order, drug charge, theft charge, or aggravated assault charge, we are here to help you. Even a DWI case can really complicate your life.

If we can’t get your charges dismissed, we can either get them downgraded or place you in a diversionary program. The point is, our criminal defense lawyers will fight tirelessly to get you the best result possible. Take advantage of our free consultation to see how we can help.

Our Practice Areas

Below, you will find a few of our practice areas.

Areas We Serve

Our Hackensack criminal lawyers represent clients in Bergen County & nearby counties & cities. 

Get Help With Your Case

How Do Your Free Consultations Work?

There are plenty of excellent Hackensack criminal lawyers in our area. Most, if not all of them, offer free, 20-minute, consultations. However, our free consultations do not have a time limit. You will never feel rushed.

The best way for us to help you is to patiently listen to your side of the story. Your version of events will serve as the basis for your legal defense. It is during these initial meetings that your memory of the event is fresh in your mind. Why we would rush you during such an important aspect of your case.

We understand that your choice of attorney could mean the difference between your freedom and spending years behind bars. 

When you hire an attorney, you are entering a long-term relationship. For this reason, it is important that you feel comfortable with the team of Hackensack criminal lawyers that will represent you.

What our clients say about us

Peyrouton Law
5.0
Based on 105 reviews
Edie Nolan
Edie Nolan
21:52 18 Apr 20
The office of Peyrouton Law Helped my family so much, I can't put it into words how much. The day we walked into the office we explained our situation to Alan and his associates and they took on our situation like we were family.
Edward Estupinan
Edward Estupinan
18:04 09 Mar 20
The Peyrouton Law firm is the place to go to if you need great representation. Extremely knowledgeable, honest and prompt. Alan and Kevin got our family through a very difficult and emotional matter quickly and with ease. The office was highly professional, responsive and compassionate. They kept us informed and advised us wisely throughout the entire process. I highly recommend this firm. Karen & Ed E.
traviscp longendyke
traviscp longendyke
15:41 04 Feb 20
Hey, this is Travis. Hope all is well with you guys. I just wanted to reach out and truly thank you guys for everything you did for me and my family and also believing in me at a point when I barely believed in myself. I am off the "conditional probation", and everything is over with. We have our three little beautiful girls (which The youngest just turned one a few days ago), we both have amazing jobs where we are very blessed to be making what we are making for our family, and we are in the process and about to go into contract with buying our first home (a BEAUTIFUL 400,000 dollar home).... Lizzy and myself just wanted to truly thank you guys for believing in me and doing everything you could so I can be in this amazing spot in life that my family is in. I owe a lot of this to you guys and I hope you know what you do does not go unappreciated and you guys are making a huge impact and you guys are a huge help on certain people's lives. This above was a text message that I just sent to Alan and Kevin. For anyone who is looking for AMAZING people to represent you, that will literally do anything and everything they can for you to receive the best outcome, then these are the people you want, I PROMISE you that. They literally made miracles happen on my multiple cases. Alan from day one made me promise him that I would do everything I could to better my life. I did that and in return I received the most amazing lawyers who went above and beyond for me and my family. I couldn’t of created a better pair of lawyers to represent me. If anyone is looking for great results on your case please give Alan and Kevin a shot and I promise you (because I owe a lot of my success right now to these men) that you will not be disappointed and they will do everything they can for you.
Jose Nose
Jose Nose
22:17 03 Feb 20
Alan and Kevin helped me avoid prison on huge drug charges. Then, they beat my DUI case. They’re the perfect combination of aggressive and humble lawyers. Fees are very reasonable and they really cared about me. I totally recommend. My lawyers for life.
Geraldino Fils
Geraldino Fils
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Omar Newell
Omar Newell
18:07 23 Jan 20
MY LAWYERS FOR LIFE!!!!!Alan and Kevin are the Best!!!!!!Most genuine lawyers I’ve ever met...they were very detailed and kept me informed about the process every step of the way... These guys have a genuine passion for law and will work endlessly to ensure a favorable outcome... they treat you like family which is what everyone needs when faced with a situation...
Erico Pilates
Erico Pilates
03:18 16 Jan 20
Thank you Dr Peyrouton for your professional advice on my closing issue and for helping me with my litigation case. I am super grateful for a speedy successful outcome on this process.
njfirearms
njfirearms
05:03 01 Jan 20
Alan and his team have worked magic on cases and are the easiest to work with of the attorney's I know. I am impressed by how they get things done and their success with cases large and small. Always the first call I make when either I or my clients need counsel.
yuksel
yuksel
19:59 19 Dec 19
I was arrested for a 3rd-degree felony case. I spent 5 hours searching for a good NJ criminal defense lawyer online. Every lawyer I called was in a rush and demanded a lot of money. I didn't like how many of these lawyers talked to me either.When I discovered Peyrouton Law, I checked their reviews. Every review was perfect and I was skeptical. Nobody can be so perfect.I talked to Alan on the phone and made a free appointment to come in and see him.Alan and Kevin explained everything to me very clearly. They answered all of my questions patiently. I never felt rushed.Because of my special circumstances, they took my case for an extremely reasonable flat fee. Honestly, they treated me like a brother.Within a few weeks, they were able to get my felony case downgraded to a misdemeanor.Long story short, I ended up paying a small fine for a municipal ordinance.As a client, I only had to go to court only three times.Even though my case is over, I will continue to keep in contact with Alan and Kevin.I consider them excellent people and they've become trusted friends.If any of my friends or family members ever need a lawyer, I will just grab them by the hand and take them to see Alan and Kevin.You know, when I got arrested, I was humiliated, lost my vacation time, and lost a lot of sleep but the best part of this whole thing is that I made two great friends for life...
Brian Galbraith
Brian Galbraith
23:43 12 Dec 19
Alan and Kevin were the first attorneys I've ever needed for any criminal matter in my life. I was speaking with other potential attorneys for my hire and they were all very nasty and and in a hurry. upon hiring Allen he appointed Kevin Brown to my case. Kevin always listened to everything I had to say, took every detail into account and given that I work for a government agency he saved my career from going into the gutter. I had a felony dropped down to a disorderly persons offense and drop down finally to a municipal ordinance charge which leaves me with no criminal record. I could not thank either of you enough and I don't think that the retainer fee was even enough. Alan and Kevin both saved me and I am forever grateful. if you want good results and honest advice with a touch of hospitality and great customer service hire them now, get their business card and keep it in your wallet just in case. Five stars well-deserved.
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A person extorts if he purposely threatens to:

a. Inflict bodily injury on or physically confine or restrain anyone or commit any other criminal offense;
b. Accuse anyone of an offense or cause charges of an offense to be instituted against any person;
c. Expose or publicize any secret or any asserted fact, whether true or false, tending to subject any person to hatred, contempt or ridicule, or to impair his credit or business repute;
d. Take or withhold action as an official, or cause an official to take or withhold action;
e. Bring about or continue a strike, boycott or other collective action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
f. Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense; or
g. Inflict any other harm which would not substantially benefit the actor but which is calculated to materially harm another person.

***It is an affirmative defense to prosecution based on paragraphs b, c, d or f that the property obtained was honestly claimed as restitution or indemnification for harm done in the circumstances or as lawful compensation for property or services.

Reasonable Articulable Suspicion

Reasonable suspicion is a “search” standard that applies in criminal law.

When a police officer conducts a warrantless search, and does not have probable cause to justify the search, the courts look to see if the police had
a “reasonable & articulable suspicion” for the search.

A mere “hunch” is not enough.

In other words, a police officer has to provide an acceptable explanation for the search.

United States Constitution

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

NJSA - 2C:43-7.2.
Eligibility for parole;
persons convicted of certain violent crimes

a. A court imposing a sentence of incarceration for a crime of the first or second degree enumerated in subsection d. of this section shall fix a minimum term of 85% of the sentence imposed, during which the defendant shall not be eligible for parole.


b. The minimum term required by subsection a. of this section shall be fixed as a part of every sentence of incarceration imposed upon every conviction of a crime enumerated in subsection d. of this section, whether the sentence of incarceration is determined pursuant to N.J.S.2C:43-6, N.J.S.2C:43-7, N.J.S.2C:11-3 or any other provision of law, and shall be calculated based upon the sentence of incarceration actually imposed. The provisions of subsection a. of this section shall not be construed or applied to reduce the time that must be served before eligibility for parole by an inmate sentenced to a mandatory minimum period of incarceration. Solely for the purpose of calculating the minimum term of parole ineligibility pursuant to subsection a. of this section, a sentence of life imprisonment shall be deemed to be 75 years.


c. Notwithstanding any other provision of law to the contrary and in addition to any other sentence imposed, a court imposing a minimum period of parole ineligibility of 85 percent of the sentence pursuant to this section shall also impose a five-year term of parole supervision if the defendant is being sentenced for a crime of the first degree, or a three-year term of parole supervision if the defendant is being sentenced for a crime of the second degree. The term of parole supervision shall commence upon the completion of the sentence of incarceration imposed by the court pursuant to subsection a. of this section unless the defendant is serving a sentence of incarceration for another crime at the time he completes the sentence of incarceration imposed pursuant to subsection a., in which case the term of parole supervision shall commence immediately upon the defendant’s release from incarceration. During the term of parole supervision the defendant shall remain in release status in the community in the legal custody of the Commissioner of the Department of Corrections and shall be supervised by the State Parole Board as if on parole and shall be subject to the provisions and conditions

Felony Degree

Prison & Fines

Examples

First-Degree

1st-degree felony charges in NJ are reserved for the most serious criminal offenses. Prison terms start at a minimum of 10 years in prison.

Second-Degree

2nd-degree felony charges carry 5-10 yrs in prison.
These charges can often be “downgraded” to 3rd or 4th-degree crimes.

Third-Degree

3rd-degree felony charges carry 3-5 years.
You have a good shot at PTI if you are charged with a 3rd-degree.

Fourth-Degree

4th-degree felony charges carry up to 18 months in jail. These cases can get “remanded” to a lower court. In this way, you will be out of “felony” danger.