Sexual Assault Cases in New Jersey

In New Jersey, Sexual Assault is codified in N.J.S.A. 2C:14-2.

Former Sexual Assault Prosecutors

The Bianchi Law Group is made up of former trial prosecutors and other “of counsel” attorneys who have handled the investigations and prosecutions of most crimes in New Jersey and will defend you for all federal and state crimes in New Jersey including sex assault.

Certified Criminal Trial Attorneys by the New Jersey Supreme Court

Partners Robert A. Bianchi and David J. Bruno are also both certified by the Supreme Court of New Jersey as Criminal Trial Attorneys.

In New Jersey, the New Jersey Supreme Court has a certification committee which classifies certain New Jersey Lawyers as Certified Trial Attorneys. The process requires the prospective attorneys to satisfy strict criteria including extensive jury trials, a primary focus in criminal law, an application submission, a peer review process, a character and background check and to pass a written examination. Only 250 of over 98,000 lawyers (less than 1%) are designated as certified criminal trial attorneys by the New Jersey Supreme Court. This should be an important factor in finding a New Jersey criminal defense attorney to represent you. Many New Jersey Lawyers describe themselves as trial attorneys, but most do not have the New Jersey Court’s distinction as Certified Criminal Trial Attorney.

Penalties for Sexual Assault in New Jersey

The Penalties for Sexual Assault in New Jersey depend on the circumstances of the Sexual Assault. Generally, sexual assault is a second-degree crime in New Jersey. However, there are certain circumstances which may elevate the sexual assault to an Aggravated Sexual Assault, which is a first-degree crime in New Jersey.

The circumstances which elevate the sexual assault to an Aggravated Assault, first degree can be found in 2C:14-2(a), require an act of sexual penetration and require the following circumstances:

• The victim is less than 13 years old;
• In some circumstances, the victim is at least 13 but less than 16 years old;
• The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;
• The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;
• The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;
• The actor uses physical force or coercion and severe personal injury is sustained by the victim;
• The victim is one whom the actor knew or should have known was physically helpless, mentally incapacitated, or had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent.

Crimes in the first-degree can be punishable from 10 years to 20 years in New Jersey State Prison. Crimes in the second-degree can be punishable from 5 years to 10 years in New Jersey State prison. Crimes in the third-degree range can be punishable from 3 years to 5 years in the New Jersey State prison. Crimes in the fourth-degree range can be punishable up to 18 months in New Jersey State prison. Disorderly persons offenses can be punishable up to 6 months in the County jail usually in the County where the crime was committed.

The Sentencing Judge may also order fines and restitution as prescribed by 2C:43-3 and Penalties assessed against sex offenders as prescribed by 2C:14-10 for all convictions for Sexual Assault in New Jersey.

Trial Ready New Jersey Criminal Lawyers

Like in all of our cases handled at the Bianchi Law Group, our experienced staff of trial attorneys and “of counsel” attorneys are there to make sure the Government can prove its case beyond a reasonable doubt. If our attorneys cannot resolve the case with a dismissal or a fair and just plea bargain, our lawyers at The Bianchi Law Group will not hesitate to select a jury and take the case to trial. That is what we do and what distinguishes us from other attorneys. We are former prosecutors, trial-tested, and certified by the New Jersey Supreme Court as certified criminal trial attorneys… We will not hesitate to go to trial.