New Jersey Attorney Handles Aggravated Sexual Assault Cases
New Brunswick lawyer defends individuals accused of sex crimes
Aggravated sexual assault is a very serious crime that can result in decades of incarceration. A conviction could prevent you from living the life you want even after your sentence ends. If you are facing this charge in New Jersey, you need the services of the experienced and determined aggravated sexual assault defense attorney. The Law Offices of Eric B. Morrell in New Brunswick battles on clients’ behalf to counter unwarranted allegations and push back against overzealous prosecutors.
Aggravated sexual assault charges under New Jersey law
Under New Jersey law, aggravated sexual assault is an indictable offense committed when a person sexually penetrates another person and one or more specified aggravating factors are present. Aggravated sexual assault is punished much more severely than other types of sex crimes and assault and battery charges. Persons found guilty of this particular charge are subject to longer prison sentences and higher fines, along with mandatory registration as a sex offender.
How New Jersey law defines aggravating factors
Among the factors that, individually or in combination, can trigger an aggravated sexual assault charge are:
- The victim is less than 13 years old.
- The victim is less than 16 years old and the defendant is a relative or has parental, supervisory or disciplinary authority over them.
- The assault occurred during the commission or attempted commission of a felony, such as homicide, robbery, kidnapping or burglary.
- The defendant was armed with a weapon or something that resembled a weapon.
- The defendant is abetted by someone else and the attack involved force or coercion.
- The victim was helpless, incapacitated or afflicted with a mental defect or disease.
The prosecutor must prove any alleged aggravating factors beyond a reasonable doubt.
Potential defenses in a New Jersey aggravated sexual assault case
As an experienced New Brunswick sex crimes lawyer, I have the ability to analyze fact patterns quickly and determine the best way to fight an aggravated sexual assault prosecution. The complainant might have credibility issues, and witnesses could cast doubt on their story. Video footage, social media posts and other evidence might also reveal inconsistencies in the prosecutor’s narrative. Sex crime cases are also unique in that consent of the alleged victim is a possible defense. I may also challenge the validity of forensic evidence analysis and expert testimony presented by the prosecutor and bring forth similar evidence in rebuttal.
Challenging evidence and police procedures in Middlesex, Union and Somerset counties
I know that improper interviews, illegal searches and other constitutional violations frequently occur during police investigations. Officers might be carried away with the emotions associated with an alleged sex crime. If warranted, I will file a motion in advance of trial to suppress any unlawfully obtained statements and evidence, including anything the police uncover even as an indirect result of their unconstitutional conduct.
Consequences of a conviction and long-term impact in New Jersey
If you are convicted of aggravated sexual assault in Middlesex or any other county in New Jersey, the punishment is a prison sentence of 10 to 20 years upon conviction in most cases, and 25 years to life if the victim is 13 or younger. In addition, Megan’s Law requires individuals convicted of this crime to register as a sexual offender for the rest of your life, gravely damaging your reputation and making it difficult for you to find suitable employment and housing.
Contact a New Jersey aggravated sexual assault defense attorney for a free consultation
The Law Offices of Eric B. Morrell in New Brunswick represents clients throughout Middlesex, Somerset and Union counties accused of aggravated sexual assault. Please call 908-768-3837 or contact me online for your complimentary consultation.
