Free Consultation with Experienced New Jersey Sex Crimes Attorney and Former Prosecutor
This is not the time to hire a “general practitioner” or consult with a friend who happens to practice law. You need a sex crimes attorney who specializes in sexual offenses. All criminal lawyers claim they are “experienced” which sounds great but is meaningless unless it is the right legal experience. At Clark and Noonan, LLC, our sex offense lawyers are former prosecutors who served in sex crimes unit where we exclusively handled sex crime cases for years.
Founding partner Charles Clark has been Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. There are over 98,000 licensed lawyers in the State of New Jersey but there are only about 250 that have met the rigorous requirements set up by the New Jersey Supreme Court to become certified criminal trial attorneys. More importantly, Mr. Clark has successfully handled hundreds of sex crimes cases.
Unlike most criminal lawyers, we have taken numerous sex crimes cases to trial ranging from fourth-degree Sexual Contact to first-degree Aggravated Sexual Assault.
At Clark & Noonan, our New Jersey sex crimes lawyers defend the rights of people facing different types of sex offenses charges, including:
- Aggravated Sexual Assault under N.J.S.2C:14-2(a)
- Sexual Assault under N.J.S.2C:14-2(b)
- Aggravated Criminal Sexual Contact under N.J.S.2C:14-3(a)
- Sexual Contact under N.J.S.2C:14-3(b)
- Endangering the Welfare of a Child under N.J.S.2C:24-4b(5)(b)
- Child Sexual Abuse or Molestation – including sexual contact with a minor, lewdness and exposure
- Failure to Register pursuant to Megan’s Law
- Pornography and internet distribution of child pornography
Sex Offense Cases Are Unique – You need an Experienced Sex Crimes Lawyer
In sex offense cases, the evidence is critical. Often times, the only evidence in the State’s possession is the statement of the alleged victim which may or not be reliable. We have the experience to attack such limited evidence. Our sex crimes attorneys also know exactly what evidence should have been gathered during a sex crimes investigation and what evidence is often overlooked by police investigators.
We have the ability to exploit our knowledge for your benefit. We will review:
- all police reports
- medical reports
- forensic evidence
- video evidence (if any)
- and work with the necessary investigative experts
If you decide to retain our services, a sex crimes attorney at Clark & Noonan will ensure that your rights are protected and that you have an effective trial defense at your disposal if you choose to exercise your right to a trial.
Do not wait to consult with an attorney about a sex crime – potential sentences for sex offenders are severe:
- New Jersey State Prison (up to 18 months for a 4th-degree crime and up to 20 years for a 1st-degree crime with parole ineligibility for 85% of the sentence imposed)
- 25 years to life for certain Aggravated Sexual Assaults
- Monetary fines
- Court Ordered Rehabilitation or Counseling
- Mandatory Sex Offender Registration (pursuant to Megan’s Law)
- Parole Supervision for Life (pursuant to Megan’s Law)
You Always Have a Defense for Sexual Assault or Sex Crime in NJ
We have clients who often come to us feeling desperate, hopeless, and scared because they believe the evidence against them is overwhelming. Rest assured, there is always a defense. First, you are presumed innocent of any sexual assault or sex crime you are charged within New Jersey. The State has to prove each and every element of the crime in question “beyond a reasonable doubt.”
What does that mean for you?
At Clark & Noonan, we are experts at attacking the evidence presented against you, attacking the credibility of the witnesses called to testify against you and calling into question the manner in which the police investigated the case. Invariably, the police fail to fully investigate or they violate one of your numerous constitutional rights. You do have every right to prove your innocence. We have been able to get cases dismissed for the State’s failure to meet its burden of proof even though it appeared as if our client had no real defense.
Sex Crime Conviction? Alternatives to Jail
At Clark & Noonan, LLC we have been extremely successful in winning sex crimes cases at trial, obtaining probationary terms rather than jail sentences for our clients, or convincing the Prosecutor’s Office to dismiss the charges where appropriate. In some cases, we are able to get the charges downgraded to a lesser charge as part of the plea negotiations. We will also explore the possibility of entry into a Pre-trial Intervention Program (PTI). PTI is a diversionary program that allows you to put your case on hold for a short period of time. Completion of PTI (often a 1-year program) results in a dismissal of your charges at the end of the PTI term.
Other Consequences – Megan’s Law and Sex Offender Registry
In 1994 the Legislature imposed mandatory registration requirements for those convicted of certain sex offenses pursuant to “Megan’s Law”. Essentially, a person convicted, at a minimum, has to register his or her address with the local police department in his or her community and periodically report to the police department to “verify” his or her address. In some cases, a person convicted can be sentenced to “Parole Supervision for Life” which imposes a lifetime of parole supervision upon the convicted person.
Contact Clark & Noonan, LLC for a free consultation with an experienced sex crimes trial lawyer in New Jersey. We offer aggressive advocacy focused on obtaining positive results in your case.
During your free consultation, you can openly discuss the specifics of your charges, explore potential mistakes in the police investigation, and available defenses for whatever sex crimes allegations you are facing. Call 732-303-7857 today.
Our office is in Monmouth County, but have handled sex crimes cases all over New Jersey.
Our office is located in Wall, New Jersey, Monmouth County. We have had offices in Freehold, New Jersey and Jersey City, New Jersey. Of course, we have successfully handled sex crime cases in Monmouth, Ocean, Middlesex, Somerset, Mercer and Union Counties. However, do not let geography be your deciding factor when choosing a sex crimes defense lawyer. Few firms have our experience and knowledge in handling cases that requires the unique specialization of a sex crimes lawyer.
We have handled and tried sex crimes cases as far south as Gloucester County and as far north as Sussex County. We have also routinely handled sex crimes cases in Hudson County (Jersey City), Essex County (Newark), Camden County (Camden), Burlington County (Mount Holly), and most of the 21 counties in New Jersey. Again, call one of our specialized sex crimes lawyers today for a free consultation at 732-303-7857.
Sex Crimes Defense FAQ
Many questions might arise if you’re charged with a sex crime in New Jersey. We’ll help you answer some of the most frequently asked questions.
Will I Have to Register as a Sex Offender if Convicted of a Sex Crime?
Under New Jersey law, individuals convicted, adjudicated delinquent, or found not guilty by reason of insanity for certain sex offenses must register as a sex offender.
Sex offenses requiring registration include:
- Aggravated sexual assault
- Sexual assault
- Aggravated criminal sexual contact
- Criminal sexual contact if the victim is minor
- Endangering the Welfare of a Child by engaging in sexual conduct with a minor
- Child endangerment through acts involving pornography featuring a child
- Promoting prostitution of a child
- Enticing, kidnapping, criminal restraint, and false imprisonment of a child and the offender is not a parent
Sex offenders convicted since Megan’s Law went into effect on Oct. 31, 1994, or incarcerated offenders serving a sentence on the effective date must register.
What Does It Mean to Be a Registered Sex Offender?
Registered sex offenders must submit personal information to their local police department, often for the remainder of their lives. They might have certain restrictions on where they can live or work. For example, a convicted sex offender might not be allowed to work near a school or daycare.
Felony sex offenders could also lose their right to vote, serve on juries, or own firearms.
Can a Juvenile Be Charged with a Sex Crime Under These Laws?
Any form of unwanted, unwelcome, or coercive sexual behavior is considered a sex crime, regardless of the offender’s age. Individuals under the age of 18 may face the same charges as an adult including:
- Indecent exposure
- Sexual contact with a minor
- Lewdness
- Invasion of privacy (sharing or creating sexual images without another’s consent)
- Prostitution or promoting prostitution
- Luring, enticing, or soliciting
- Child pornography
- Failure to register as a sex offender
- Criminal sexual contact
Individuals under the age of 18 must register as sex offenders.
Can I Remove a Sex Crime Conviction from My Permanent Record?
You may expunge dismissals for sex crimes from your record, but eliminating sex crime convictions is more challenging. Most sex crimes do not qualify for expungement under New Jersey law, including:
- Sexual assault
- Aggravated sexual assault
- Criminal sexual contact with a minor
- Producing and distributing child pornography
However, it is possible to ask for removal from the state sex offender registry under certain circumstances and when convicted of certain sex offenses.
What Are the Penalties for Sex Crimes in New Jersey?
Depending on the nature of the offense and the victim’s age, penalties for sex crimes generally include up to 20 years in prison and fines. Convicted offenders also must register as sex offenders, often for the remainder of their lives.
Sex crimes may be charged as first, second, third, or fourth-degree felonies, such as:
- Aggravated Sexual Assault: First-degree felony with imprisonment from 25 years to life
- Sexual Assault: Second-degree felony punishable by up to 10 years in prison
- Aggravated Criminal Sexual Contact: Third-degree felony, with a sentence of up to five years in prison
- Criminal Sexual Contact: Fourth-degree felony punishable by up to 18 months in prison
Sex offenders must usually attend rehabilitation and counseling per the conditions of their sentence.
What Are the Common Defenses Against Sex Crimes in New Jersey?
An experienced sex crimes defense lawyer carefully reviews all evidence and testimony to look for weaknesses in the prosecution’s case. There are several defense strategies against sex crime charges, including the following:
- Consent – Sometimes an alleged criminal offense is a consensual act by two willing participants. One of the parties becomes jealous, fearful, or develops another motive for accusing the other person of a crime.
- Mistaken Identity – The victim mistakenly identified the defendant. In child pornography cases, a computer used by several people makes it difficult to determine the potential defendant accurately.
- Procedural Errors – It is possible to have sex crime charges dismissed if police officers or prosecutors fail to comply with the legal process during arrest and questioning. Illegal search and seizure is a common procedural error.
- Entrapment – This occurs when a law enforcement agent induces a person to commit a “crime” that would have otherwise been unwilling or unlikely to do. Entrapment is often a viable defense for individuals arrested in undercover sex stings.
- Attacking the alleged victim’s credibility – sometimes the only “evidence” in the case is a person who has credibility issues and motives to fabricate charges against a defendant.