New Brunswick Sex Crime Defense Attorney Challenges Police and Prosecutors
Experienced New Jersey lawyer represents individuals accused of sexual assault and other offenses
When you are accused of a sex crime, the stigma of the offense can provoke anger and hostility from everyone around, even before you have a chance to be heard in court. The pressure can cause you to believe your situation is hopeless. Fortunately, the Law Offices of Eric B. Morrell understands that not every person who is accused of a crime is guilty, and that you are entitled to top quality legal representation no matter what the allegations might involve. As a New Brunswick sex crimes attorney, I work tirelessly to protect clients’ fundamental rights so that they are not mistreated within the criminal justice system.
Types of sex crimes in New Jersey
New Jersey’s criminal code defines various sex crimes, each with specific elements and penalties. These include:
- Sexual assault — Acts of non-consensual sexual contact or penetration are classified as first- or second-degree indictable offenses.
- Aggravated sexual assault — When the alleged assault involves force, coercion or a victim under 13, the offense becomes a first-degree crime.
- Criminal sexual contact — This charge encompasses non-consensual touching, a fourth-degree crime.
- Child sexual abuse — These offenses include acts that endanger the welfare of a child.
- Lewdness — Acts such as exposing one’s genitals in public range from disorderly persons to fourth-degree indictable offenses.
- Internet-based crimes — Cybercrimes, such as possession or distribution of child pornography, are often prosecuted as first- or second-degree crimes. Federal charges can also apply.
There are instances where additional counts are brought in conjunction with a sex crime case, including drug charges when someone alleges they were given a chemical substance to lower their resistance to sexual contact.
Strong advocacy in matters involving campus sexual assault allegations
Campus sexual assault allegations are common throughout New Jersey colleges and universities, even the most prestigious institutions. These cases often implicate Title IX, the federal law requiring schools to address claims of sexual misconduct. My firm represents students from Rutgers, Princeton, NJIT, TCNJ, Montclair State, Monmouth University, Seton Hall, Rowan and various New Jersey community colleges in these matters.
Allegations can lead to parallel proceedings: a university disciplinary hearing and a criminal case. Campus proceedings often have lower evidence standards (“preponderance of evidence”) than criminal courts (“beyond a reasonable doubt”), placing the accused in jeopardy of an unfair outcome when parties disagree as to what occurred. As an attorney well-versed in Title IX law, I can coordinate your defense, challenge hearsay evidence and ensure you receive due process, especially when campus sanctions, including potential expulsion, could be levied even if no criminal charges are brought.
Consequences of a sex crime conviction
A sex crime conviction in New Jersey carries severe penalties. First-degree indictable offenses can result in 10–20 years in prison, fines up to $200,000 and mandatory parole supervision. Second-degree crimes carry five to 10 years’ incarceration and fines up to $150,000. Megan’s Law requires sex offender registration, public notification and residency restrictions, affecting opportunities for employment and housing. Convictions may also lead to parole ineligibility, civil commitment for repeat offenders, and lifelong stigma. Lesser offenses like lewdness still carry potential sentences of 18 months’ incarceration and fines up to $10,000, with registration requirements for certain cases.
Potential defense strategies for a sex crime case in New Jersey
Effective defenses depend on the specific facts of the case. Common strategies include:
- Challenging lack of consent by showing evidence of mutual agreement
- Disputing reliability of forensic or testimonial evidence
- Arguing that false accusations are motivated by personal disputes
Procedural defenses may involve suppressing evidence collected through unlawful searches or violations of Miranda rights. For internet crimes, defenses may question intent or knowledge, as occurs in accidental downloads. In matters relating to alleged crimes and Title IX violations, my firm conducts a thorough review to find inaccuracies in the claim and bias in the investigation. Regardless of the particular forum, I find the best way to attack the case against you.
Importance of early legal representation
Hiring a lawyer immediately after a sex crime allegation is critical. Early representation allows an attorney to preserve evidence, interview witnesses before memories fade and guard against self-incriminating statements. Attorneys can negotiate pre-charge resolutions, seek entry into diversion programs and give you a voice in campus proceedings before unwarranted allegations escalate. Early intervention may reduce charges, secure bail or mitigate penalties, protecting your reputation and future.
Contact a New Brunswick lawyer today for a sex crime defense consultation
If you have been accused of a sex crime in New Jersey, you need a qualified defense attorney who has the knowledge and experience to help you pursue the best possible resolution. Call the Law Offices of Eric B. Morrell today at 908-768-3837 or contact me online to set up a consultation at my New Brunswick office.