Sexual Assault

New Jersey’s Sexual Assault statutes (2C:14-2(b) and 2C:14-2(c)) effectively criminalize three different forms of sexual conduct.

First, they specifically criminalize the act of rape, involving sexual penetration through the use of physical force or coercion.

Second, they criminalize what once would have been classified as statutory rape, where the victim is too young to consent, or where the ages of the victim and actor are too far apart to logically create a consensual relationship.

Third, the statutes criminalize sexual conduct between a victim whose consent cannot be obtained by virtue of their position relative to the actor.

Each type of interaction requires a different approach when it comes to how a client will be defended, but some characteristics of many sexual interactions may still apply.

For instance, the he-said, she-said aspect of many sexual assault cases makes prosecution difficult, and ultimately a jury must simply decide which of two witnesses they find most credible.

In other instances, some technical element of the statute may not apply or may be vague, and your attorney should insist that prosecutors defend their choice to charge under the statute.

Attorney Matthew Reisig has defended clients throughout New Jersey in Sexual Assault cases and understands the legal and personal complexity of cases like this.

Call 732-625-9661 today for a free consultation with an experienced New Jersey Sexual Assault defense attorney.

Sexual Assault (2C:14-2(b) and 2C:14-2(c)) is a Second Degree Crime in New Jersey, and those accused of it are alleged to have met one or more of the following conditions:

• Sexual contact with a victim who is less than 13 years of age, where the actor is at least four years older than the victim.
• Where the actor engages in penetration with a victim using physical force or coercion, but the victim did not suffer severe personal injury
• Where there is penetration and the victim is on probation, parole, or detained in another facility, and the actor has supervisory or disciplinary control over the victim by virtue of the actor’s legal or professional status.
• Where there is penetration and the victim is between 16 and 18 years old and; the actor is related to the victim by blood or affinity to the third degree; the actor has supervisory or disciplinary power over the victim in any capacity; or the actor is a guardian, family resource parent, or stands in loco parentis for the victim.
• Where the victim is between 13 and 16 and the actor is more than four years older.

Conviction of Sexual Assault can result in a prison sentence between five and ten years.

Because of the No Early Release Act (NERA) you’ll be required to serve 85{74bbbd36a4df8b83bd1805c8c4f34bcc3063e84848f392c2fd8bb03fcdaa883e} of your sentence before you’re eligible for parole.

Sexual Assault is an extremely serious charge requiring the expertise of a New Jersey criminal defense attorney who understands how these cases are built and prosecuted.

Call Matthew Reisig today at 732-625-9661 for a free consultation with an experienced New Jersey Sexual Assault defense attorney.

Sexual Assault (2C:14-2(b) and 2C:14-2(c)) is a serious offense in New Jersey, graded as a Second Degree Crime, comparable to a significant felony in other states.

Penalties for conviction include prison sentences of five to ten years, of which you’re required to serve 85{74bbbd36a4df8b83bd1805c8c4f34bcc3063e84848f392c2fd8bb03fcdaa883e}, fines and restitution that can easily climb into the tens of thousands of dollars, a lifetime as a registered sex offender on New Jersey’s Megan’s Law Registry, Community Supervision, and more.

Finding work, housing, and the help that most people are eligible for when they fall on hard times is extremely difficult when you have a felony record.

Your life will be changed in ways big and small just from the allegation of Sexual Assault, but a conviction means you’ll simply never live the life you expected to.

Attorney Matthew Reisig can help. Call 732-625-9661 today to speak to an experienced New Jersey Sexual Assault attorney who can help you understand your options and develop a defense strategy that protects your future.

In New Jersey law, sexual assault is a baseline charge when pursuing an aggravated sexual assault conviction.

Prosecutors must prove not only the basic elements of sexual assault, but also the aggravating factors that enhance the charge to a first degree matter.

Most significantly, for a charge of aggravated sexual assault, prosecutors will have to prove “sexual penetration,” which is broadly defined and includes anal, oral, and vaginal penetration.

With a standard sexual assault charge, only unwanted or forced touching of intimate areas of the body has to be proved.

Penetration is not required to be convicted of sexual assault, only of aggravated sexual assault.

Other elements that the state may rely on in pursuing an aggravated sexual assault charge include that the defendant was armed and used the threat of the weapon as a way of forcing the encounter.

A sexual assault committed during the commission of another crime also rises to the level of aggravated sexual assault.

There are a number of other technicalities that can raise a sexual assault charge to a first degree offense, and there is no statute of limitations on sexual assault charges in New Jersey.

Protect yourself. Call attorney Matthew Reisig today at 732-625-9661 for a free consultation.

The maximum penalty for aggravated sexual assault in New Jersey is 20 years, and you’ll almost certainly have to serve 85% of your sentence before you’ll be eligible for parole, thanks to New Jersey’s No Early Release Act.

And once you are finally out of prison, you’ll never again have a normal life.

Instead you’ll be registered as a sex offender, limited in where you are allowed to live, struggling to find work as a convicted felon.

This does not have to be your future, regardless of the charges you face.

While a conviction can destroy your future, a strong, smart defense attorney can keep your life on track.

When you are confronted with the most serious charges, you need the most serious legal help available.

Call attorney Matthew Reisig at 732-625-9661 today and talk to an experienced criminal defense attorney for free.

Do I have a right to testify at the Grand Jury and what is the difference between testifying before the Grand Jury and the Petit Jury?

The first consideration in this question is whether the individual has been charged with Aggravated Sexual Assault or Sexual Assault. Both crimes are governed by N.J.S.A. 2C:14-2. Aggravated Sexual Assault is a first degree crime. Sexual Assault is a second degree crime. Both are subject to the No Early Release Act (NERA), which requires that the individual serve 85{74bbbd36a4df8b83bd1805c8c4f34bcc3063e84848f392c2fd8bb03fcdaa883e} of their prison term before becoming eligible for parole.

A criminal defendant has an absolute right to testify before the Grand Jury. Rather, such an individual can request permission from the Prosecutor’s Office to testify in front of a Grand Jury.

This is a very complicated scenario in which the Defense has to weigh the cost and benefits of allowing his client to testify in front of the Grand Jury to prevent the client from being indicted.

Obviously, every case is different. A defense attorney has no ability to control his client’s testimony in the Grand Jury since the defense attorney cannot be present during the questioning.

This is a huge risk for any defendant and the attorney who represents him or her. Furthermore, if a defendant testifies before the Grand Jury, this will affect whether he testifies or not in a trial since the Grand Jury testimony would constitute prior testimony under oath.

A defendant has an absolute right to testify in front of a Petit Jury. By extension, a defendant has the absolute right to remain silent and not testify at his trial. Most recently, George Zimmerman did not testify in his criminal trial in Florida.

To review, a defendant does not have an absolute right to testify before a Grand Jury. However, such a defendant can seek permission from the Prosecutor’s office to do so. Ultimately, the Prosecutor will determine whether to grant such permission. It is a very dicey move by any defendant.

At a trial, a defendant always has the right to testify in his or her defense.