New Jersey Sex Crime Lawyers

New Jersey Sex Crimes Lawyer

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: 

  1. Consent – Although this appears obvious, the facts of your case will determine whether “the agreement” to have sex was reasonable.
  2. Mistaken Identity – The alleged victim in your case has accused the “wrong person”
  3. Alibi – You were nowhere near the scene of the crime & we can prove it.
  4. Scientific Evidence – DNA evidence cannot place you at the scene of the crime. Or, DNA evidence proves that another person was involved.
  5. Eyewitness Testimony – We locate witnesses who provide a contradictory account of what the victim alleged.
  6. Surveillance Evidence – We locate video which proves that you did not commit a sex crime.
  7. Plea Bargaining – Although this is not a legal defense, it is an important tool to reach an excellent result in your sex crime case.
  8. 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:

  1. 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.
  2. Do Not Consent To A SearchYou 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.
  3. 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.

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 113 reviews
hyo s ahn
hyo s ahn
22:04 03 Aug 20
알란 변호사를 만나게 된것은인생의 최고의 행운이었습니다. 아주 프로페셔날하고 빠른 일처리로 최고의 만족스러운 결과를 만들어준 알란에게 큰 감사를 드립니다.좀더 많은 한국분들이 도움을 받았으면 좋겠네요.형사전문과 더불어 이민법과 연결해서 최상의 결과를 만들어 줍니다.I was really lucky to find Alan. At first call, I trust him while we talk about my case. He made best result in my case. Alan is the best criminal lawyer in New Jersey. Thank you Alan and his team(specially Samera).Thank you again in my whole life.this is another thank you to alan(from my email)Dear Alan,I couldn't say thank you enough this morning. Now I realized how big of an issue it was.I believed you and trusted you when I was in NJ so I never doubted that I would possibly go to jail. Thank you for everything. There will be more to go but thank you again.I am holding my tears back until my hubby comes back home. See you soon!Michelle😍😭
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Dom O
Dom O
00:36 01 Aug 20
I’m very grateful for all the hard work and effort Peyrouton Law put fourth in my case! Alan is a lawyer who cares and strives to get the best outcome for all of his clients ! He’s like a dog with a bone, he never gives up on you ! During the most stressful time in my life they were there for me, fighting for me all the way. Texts to see how me and my family and to keep me informed of all overwhelming court business. I know if I didn’t have Peyrouton Law on my side I wouldn’t have found a better lawyer to help with everything like they did. Anyone who needs a help, compassion at more than reasonable law fees, you couldn’t find a better lawyer !!
Jerry Rivera
Jerry Rivera
02:18 29 Jul 20
Very professional ! Since I called they were very helpful and help me with the case right away , very sincere law firm , when they are talking about the case you feel like they are part of you family and want the best for you , always tells you the truth. I recommend them 100%
ceci Liu
ceci Liu
01:43 25 Jul 20
they are very professional and very helpful team. I got traffic ticket and to be able to reduce to 0 point and affordable fine. It was during covid time and Samera helps me a lot through phone calls and emails. Samera is very responsive and easy to approach. Alan is great and friendly. truly appreciate for all the help and patience.
Dan kim
Dan kim
20:00 02 Jul 20
Initially, I thought our case was very minor. Come to find out that our situation was actually more complicated and would have had serious consequences had Peyrouton Law not taken our case. From beginning to end, we had peace of mind working with Samera and that we were in good hands and we were taken care of every step of the way. I cannot recommend this firm highly enough. Their professionalism, competency, responsiveness and integrity clearly set them apart from other firms. If you need legal counsel, you must contact Peyrouten Law first!
Junior Garcia
Junior Garcia
17:03 29 Jun 20
The greatest law firm I ever went to!! They handle my situation fast and easy!! Would recommend to anyone!
lea johnson
lea johnson
15:24 25 Jun 20
I can’t say enough great things about Alan and his team at Peyrouton Law. Hiring him was the best decision I could have made in terms of representation in court. His years of experience practicing criminal law in New Jersey make him such a valuable asset to any client. He’s well aquatinted with individuals that work in the court system and he genuinely cared about my case. He took the time to get to know me and advocated on my behalf to the prosecutor and judge. If you are lucky enough to hire Alan, rest assured there are no hidden fees or additional charges for phone calls and emails. Alan and his were always available to answer any questions I had. He was upfront about the expectations of my case and I couldn’t be more pleased with the outcome. To anyone reading this review, I strongly encourage you to hire Alan. 🙂
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.
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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.