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Sex Crime Overview
A New Jersey sex crime conviction can ruin your life. Not only are you facing decades in prison, but once you are released you will be ordered to live under extreme conditions. If convicted of a New Jersey sex crime you will have to register as a sex offender & you will receive parole supervision for life. The judge will order that you be cut off from using a smart-phone, accessing the internet, and perhaps prohibit you from being around children. We strongly urge you to retain a sex crime lawyer for these types of charges. The consequences can be devastating & cannot be undone.
Sex Crime Categories
A sex crime can fall into one of two categories. You can be accused of committing a sex crime against an – 1) adult or against a 2) minor. The penalties & legal defenses are different in each case.
For example, if your sex crime case involves an adult, you may be able to assert the “consent” defense. The consent defense is straightforward and doesn’t require much explanation. Very simply, it means that you did indeed engage in sexual activity with another adult but each person was in agreement. If your sex crime charges involve an adult & you assert the consent defense, the evidence at trial must prove that consent was not given.
This is not true if your sex crime charges involve a minor. When the victim in a sex crime case is minor, the “consent” defense is not available. It is irrelevant whether or not the minor consented to the sexual activity. Even if you have a ton of evidence showing that the minor was in full agreement to engage in sexual activity with you, this evidence never makes it to trial.
A sex crime with a minor is commonly referred to as statutory rape. More on this subject later on.
Adult Sex Crime
A sex crime involving an adult is an indictable offense. These charges cases carry mandatory minimum prison sentences. Prosecutors across New Jersey consider these crimes to be heinous & aggressively pursue maximum punishment.
An example of a heinous sex crime is aggravated sexual assault. This is the term we use in New Jersey for rape. However, this type of sex crime includes serious bodily injury to the victim. For example, during the commission of the sex crime, the victim struggled and suffered a broken nose or black eye.
You may be charged with a single sex crime charge or multiple charges.
Your criminal charges could fall under any of the following:
- Criminal Sexual Contact – involves the unwanted sexual touching of genitalia or other personal areas by the accused.
- Sexual Assault – occurs when you force another to engage in “vaginal intercourse, cunnilingus, fellatio or anal intercourse” or to be subject to the vaginal or anal “insertion of a hand, finger or another object”.
- Aggravated Sexual Assault – this is a sexual assault (above) involving many factors. This page provides a detailed explanation.
- Internet Sex Crime – These charges include the solicitation for sexual acts with minors, producing, trading, or selling child pornography.
- Lewdness – “lewd acts” include exposing the genitals for the purpose of arousing or gratifying the sexual desire of the actor or of any other person.
Statutory Rape - Sex crime with a minor
Statutory rape cases involve sexual conduct between an adult & a minor. Even if the minor consents, the “consent defense” is not available. Under NJ law, a 15-year old is considered to not be capable of consenting to sexual activity.
You will be charged with statutory rape under any of the following:
- Criminal Sexual Contact – Sexual contact between a minor 13 to 16 years of age with an individual who is at least four years older.
- Sexual Assault – Sexual contact between someone younger than 13 years of age and an individual at least four years older, or sexual penetration of a minor between 13 and 16 years of age by an individual who is at least four years older.
- Aggravated Sexual Assault – Sexual penetration of someone younger than 13, regardless of the other individual’s age.
sex crime Consequences
A sex crime charge has the potential to devastate your life. These types of charges will land you and prison & leave you with a criminal record. To make matters worse, a sex crime allegation will cause “social abuse” when your name and mug shot get published online & local newspapers. Your circle of friends will judge you for being accused of a sex crime. Your community will perceive you as a sexual predator. If you ever needed to prepare for a fight, it is when you’re facing a sex crime charge.
As you will read below, a sex crime conviction carries not only a mandatory prison sentence, but the judge must impose certain penalties. As you will read below, a sex crime conviction carries not only a mandatory prison sentence, but the judge must impose certain penalties. Since society will consider you to be a sexual predator, New Jersey law requires that upon your conviction, you must register as a sex offender.
For example, a first-degree sex crime carries a ten-year mandatory minimum prison sentence.
Things get worse depending on the type of sex crime. If your charges involve a minor, then the NJ Megan’s law will apply & the judge will sentence you as a “sex offender”.
Under the No Early Release Act (NERA), you must serve 85% of your sentence. Upon release, the judge will impose Parole Supervision for Life.
Sex Crime Penalties in New Jersey
When facing a sex crime charge, you need to understand the penalties you face. If you’re facing a sex crime charge in New Jersey, you may not be offered a plea deal. Prosecutors are under no obligation to offer you any sort of plea deal. In fact, they could demand that you plead guilty to all charges and still receive the maximum prison term. The penalties range according to the NJ crime degree your facing.
Other States | New Jersey | Degree | Presumption of Incarceration | Prison Time |
Felony | Indictable Offense | First | Yes | 10 + years |
Felony | Indictable Offense | Second | Yes | 5 – 10 years |
Felony | Indictable Offense | Third | No | 3-5 years |
Felony | Indictable Offense | Fourth | No | Up to 18 months |
Sex Crime Defenses
Sex crime cases are “fact-sensitive”. This means that no two situations are alike. A tiny detail could mean the difference between your freedom and a twenty-year prison sentence. When you hire our sex crime lawyers, we know which facts have a “legal significance”. After understanding your side of the story & reviewing the evidence against you, we build a strategic defense for you.
Legal defenses to a sex crime charge include:
- Consent – Although this appears obvious, the facts of your case will determine whether “the agreement” to have sex was reasonable.
- Mistaken Identity – The alleged victim in your case has accused the “wrong person”.
- Alibi – You were nowhere near the scene of the crime & we can prove it.
- Scientific Evidence – DNA evidence cannot place you at the scene of the crime. Or, DNA evidence proves that another person was involved.
- Eyewitness Testimony – We locate witnesses who provide a contradictory account of what the victim alleged.
- Surveillance Evidence – We locate video which proves that you did not commit a sex crime.
- Plea Bargaining – Although this is not a legal defense, it is an important tool to reach an excellent result in your sex crime case.
- Downgrading – This involves reaching an agreement with the prosecutor where you plead guilty to a lower crime degree for the purpose of serving less prison time.
Your legal defense will vary depending on the facts of your case. In some instances, you may only have one defense available while in other situations we use a combination.
Do I need a Sex Crime Lawyer?
As you have read, a sex crime charge carries serious consequences. If you have been charged or are under investigation for a sex crime, we have a few pieces of advice.
There are 3 important things you must do when charged with a sex crime:
- Remain silent – Do not speak with law enforcement. Do not “try to explain” your side of the story. Doing this never helps. If anything, it makes your case weak. A simple comment or statement can become a your “confession” and this cannot be undone.
- Do Not Consent To A Search – You have a 4th Amendment right against unreasonable searches & seizures. This includes your person, your vehicle, and your home. If you consent to a search and the police find damaging evidence against you, the prosecutor can use this evidence at trial.
- Hire an NJ Sex Crime Lawyer – Do not try to represent yourself. You face a lengthy prison sentence. This is not the time to save money with a DIY approach.
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 complex as well as nearby cities. 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:
Melissa d
00:29 06 Jan 22
Chung Lin
03:35 12 Nov 21
Alexandra Pena
01:03 22 Oct 21
From the very start of hiring Mr. Peyrouton to represent my son’s case in court, he reassured me that he and Samera would be available at any time if I had any questions or concerns along the way and he followed through on that. I am very satisfied with his services and the outcome of the case. He went above and beyond by also making sure there would be no legal long-term repercussions for my son. I appreciate his swift handling of the whole situation...I most definitely recommend Peyrouton Law!!
Gloria Brown
20:40 13 Sep 21
I spoke with Samira and she is the best. I can't think her enough for her time and understanding. I was so lost about this case thats hurting me and my family. I truly thank her not many will explain nor take the time without a fee. Samira if you ever become an attorney... You Are Hired 👊👍 I thank this firm for having a great person on their team.
Raul Yas
18:24 07 Sep 21
Alan was incredible in helping me interpret and understand a real estate related business agreement that required my attention. I simply could not have done it with out him. The service was very speedy and attentive. I highly recommend Peyrouton Law for your legal needs.
Johanna Mejia
17:49 03 Sep 21
Stephen Hanley
15:24 03 Aug 21
I spoke with a wonderful woman named Samira she was extremely informative. Handled the matter I called her about professionally and quick. She quoted me a very reasonable price for the work their firm would have to do. I would recommend this law office for anyone looking for a good lawyer.
Daniel Tirado
00:51 27 Jun 21
I am just so appreciative Peyrouton Law was able to help me through this tough time. I Am extremely satisfied and would definitely recommend them to anyone stuck in this same situation.
Jose Akamacho23
09:34 04 Jun 21
Samera is by far the best woman for the job. Almost immediately as I called the office she handled it very efficient and got the job done. I recommend for any tickets you have. She is very responsive and has the answers to any question you have, just in general a woman of her word and a great person overall! The process was very patient and well done.
chris conforti
21:29 01 Jun 21
Samera pays attention to every detail regarding your case. She was very responsive and always there with the answers to any questions you may have. Alan was very professional and knowledgeable about all aspects in regards to my simple assault case. He was always responsive to phone calls and had all the right answers. Case was dismissed in court!