Union County NJ Criminal Lawyers

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Aggravated Criminal Sexual Contact

Third Degree Criminal Sexual Contact Defense Lawyers

No one wants the negative stigma of being accused or, worse yet, convicted of inappropriately groping someone. And when the accusation involves an intimate body part like the genital area, penis or breast, it can result in a serious criminal offense, aggravated criminal sexual contact. This is a felony indictable offense, a third degree crime under the criminal code, that can only be heard at the Union County Superior Court, Elizabeth NJ. As if this was not signal enough as to how seriously you need to take this offense, anyone found guilty of aggravated criminal sexual contact is subject to registration as a sex offender under Megan’s Law. If you or a loved one was arrested and/or charged with this offense, a good attorney is an absolute must. Our defense team has an exceptional track record and unique complement of experience, including years as prosecutors, to utilize in fighting your charge. Call us 24/7 at 908-272-1700 to schedule a free consultation at our Cranford Criminal Defense Firm or to discuss your case.

How Is Aggravated Criminal Sexual Contact Defined Under NJ Law

When criminal sexual contact is committed under certain aggravating circumstances, this offense is triggered under N.J.S.A. 2C:14-3.  Criminal sexual contact escalates to aggravated criminal sexual contact where one of the circumstances set forth in N.J.S.A 2C:14-2(a)(2)-(7) apply.

(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.

In addition to an escalation of the charge to aggravated when one of these circumstances exist, an individual is also exposed to the potentially devastating ramifications of Megan’s registration. A highly experienced sex crimes defense attorney is an asset that can be extremely valuable in escaping such an outcome.

Penalties That Apply To Aggravated Sexual Criminal Contact

If you are convicted of this offense, you will have a felony criminal record. You will also be exposed to a fine of up to $15,000 and a presumption jail term of three (3) to five (5) years. An individual convicted under 2C:14-3(a) is also, as previously stated, subject to Megan’s Law. This law requires that you register as a sex offender with the local police in the municipality where you reside. Failure to timely or properly register results in a separate third degree crime. The registration requirement is for a minimum period of fifteen (15) years from the date of confinement or conviction, whichever is later. An individual may apply to the court to be removed from Megan’s Law once this period has elapsed.

Aggravated Criminal Sexual Contact Defense Lawyers

The time to act is immediately if you are under suspicion, investigation or have already been arrested for violating N.J.S.A. 2C:14-3(a). The stakes are high and there is no room for a misstep. Insure that your rights are protected by contacting one of the experienced attorneys at our firm. We know our way around the Courthouse in Elizabeth, as well as being highly knowledgeable in defending all sex crimes. Call us now at 908-272-1700.

 


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