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Have You Been Charged with Aggravated Sexual Assault in New Jersey?

Aggravated Sexual Assault is a first-degree crime and the most serious criminal sexual allegation in New Jersey.  If convicted, you are facing 10 to 20 years in a New Jersey state prison where you must serve eighty-five percent of your time before you are eligible for parole.  Even worse, if the alleged victim is less than 13 years old then a convicted defendant has to serve 25 years to life in prison where the defendant has to serve 25 years before being eligible for parole.

In addition to lengthy prison sentences, if convicted, you will be required to register as a sex offender in the New Jersey town or city you live in and you will have to potentially report to a parole officer for the rest of your life.  Simply stated, there are no harsher punishments in New Jersey criminal law than those reserved for people convicted of Aggravated Sexual Assault.

Former Prosecutors specializing in Aggravated Sexual Assault Defense  – You May Be Able to Avoid the Consequences

Regardless of why you were charged with aggravated sexual assault in any one of the 21 Counties in New Jersey, our lawyers have the answers you need now.

The lawyers at Clark, Clark and Noonan LLC have handled hundreds of Aggravated Sexual Assault cases in New Jersey. Aggravated Sexual Assault is technically known as a violation of  New Jersey Criminal Code 2C: 14-2.  Our certified criminal trial attorney and former prosecutors have exclusively handled these types of criminal cases in NJ for well over 35 years.

Clark, Clark & Noonan, LLC With a Unique Trial Experience

Unlike other firms, we have lawyers that worked for years in a prosecutor’s office sex crimes unit and then years in private practice specializing in sex crimes defense.  Founding partner Charles Clark, a New Jersey Supreme Court certified criminal trial attorney, has repeatedly taken Aggravated Sexual Assault cases to trial.

Our lawyers’ experiences have been in the courtroom not behind a desk.  We know how to attack the mistakes made in the police investigation and attack the credibility of the witnesses against you.  If there is a way to get your Aggravated Sexual Assault charge dismissed, we will find it.

Our lawyers have been consistently successful in having New Jersey Aggravated Sexual Assault charges dismissed, amended to much less serious charges with no jail time, and even amended to non-sexual offenses.  This is not the time to entrust your defense to just any lawyer you may know.

The consequences of an Aggravated Sexual Assault conviction in New Jersey are so severe you need a specialist.  If you have been charged with Aggravated Sexual Assault in NJ call us today at Clark, Clark &, Noonan for a free consultation and case assessment at 732-303-7857. 

Charged with Aggravated Sexual Assault in NJ?  The Burden to Prove it is on the State – You Don’t have to Prove a Thing

Too many of our clients initially get caught up in the nature of the allegation and the thought that they are going to have to “prove their innocence.”  The fact is that innocence is irrelevant (even if it may be true).  The State has to prove you are guilty of each and every element of the offense “beyond a reasonable doubt”. The burden will never shift to you.

If they cannot prove each and every element of the Aggravated Sexual Assault charge then the jury is obligated to find you “not guilty.”  Again, “innocence” is not a legal standard and is not something you have to prove or even think about.

At Clark, Clark and Noonan, we are experts at challenging the State’s case against you and are experts in pointing out to a jury how the State has failed to meet its burden.  Often times, the police do little to no investigation of the case and rely exclusively on the word of the alleged victim who has given contradictory statements.

We have the trial experience, expertise and commitment to attack the credibility of the alleged victim, conduct our own investigation if necessary and put you in the best possible position to hear the words “not guilty” at the conclusion of your case.

Establishing reasonable doubt is just one of the many strategies our firm explores in crafting your defense.  We are committed to getting your  Aggravated Sexual Assault charges dismissed whenever possible.

Unlike some criminal firms we are never afraid to go to trial. A trial will always be one of your options unless you decide the State’s plea offer is so advantageous that you want us to accept it.  One thing we will never do is “force” you to take a plea.  We work for you and you are the one who makes all of the final decisions on your case.  Call us today at Clark, Clark &, Noonan for a free consultation and case assessment at 732-303-7857.

New Jersey Aggravated Sexual Assault Charge – Definition

The aggravated sexual assault statute in New Jersey can be found at NJSA  2C: 14-2 and states as follows:

2C: 14-2. Sexual Assault

a. An actor is guilty of aggravated sexual assault if he commits an act of sexual penetration with another person under any one of the following circumstances:

(1) The victim is less than 13 years old;

(2) The victim is at least 13 but less than 16 years old; and

(a) The actor is related to the victim by blood or affinity to the third degree, or

(b) The actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status, or

(c) The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

(3) 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;

(4) 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;

(5) The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;

(6) The actor uses physical force or coercion and severe personal injury is sustained by the victim;

(7) The victim is one whom the actor knew or should have known was physically helpless or incapacitated, intellectually or 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.

Aggravated sexual assault is a crime of the first degree.

Except as otherwise provided in subsection d. of this section, a person convicted under paragraph (1) of this subsection shall be sentenced to a specific term of years which shall be fixed by the court and shall be between 25 years and life imprisonment of which the person shall serve 25 years before being eligible for parole unless a longer term of parole ineligibility is otherwise provided pursuant to this Title.

Sexual assault is a crime of the second degree.

d. Notwithstanding the provisions of subsection a. of this section, where a defendant is charged with a violation under paragraph (1) of subsection a. of this section, the prosecutor, in consideration of the interests of the victim, may offer a negotiated plea agreement in which the defendant would be sentenced to a specific term of imprisonment of not less than 15 years, during which the defendant shall not be eligible for parole.

In such event, the court may accept the negotiated plea agreement and upon such conviction shall impose the term of imprisonment and period of parole ineligibility as provided for in the plea agreement, and may not impose a lesser term of imprisonment or parole or a lesser period of parole ineligibility than that expressly provided in the plea agreement.

The Attorney General shall develop guidelines to ensure the uniform exercise of discretion in making determinations regarding a negotiated reduction in the term of imprisonment and period of parole ineligibility set forth in subsection a. of this section.

Contact Our Aggravated Sexual Assault Defense Attorneys At Clark, Clark & Noonan

At Clark, Clark & Noonan, we have the meaningful experience and pro-active defense strategies that will put you in the best position to safeguard your rights and protect your future from a New Jersey Aggravated Sexual Assault conviction.  The charge is too serious and the potential consequences too devastating to trust anyone else with your case.  Call us today for a free consultation and case assessment at 732-303-7857.

CONTACT US TODAY

New Jersey Criminal Defense Lawyers

Clark, Clark & Noonan, LLC.
732-303-7857