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New Jersey Sexual Assault Defense Lawyer 

The Law Offices of Michele Finizio Serves Clients Facing Sexual Assault Charges in Burlington County, Camden County, Mercer County, Atlantic County and Gloucester County, NJ

Sexual assault charges are always very serious and sensitive matters that can have a profound impact upon the rest of your life. A sexual assault charge can impact how you are seen by the people in your community and could even put your liberty at stake, as lengthy prison terms are possible in many cases.

A skilled and experienced sexual assault defense attorney understands how to help a court understand and view the facts of the case as they actually happened, especially when these facts differ from the accusation and charges.

If you have been accused of or charged with sexual assault, you should contact The Law Offices of Michele Finizio, an experienced New Jersey sexual assault defense firm.

Sexual Assault in New Jersey 

In New Jersey “sexual assault” is the term used for rape. 

Sexual assault is a very serious crime to be charged with in New Jersey.

Innocent people are often accused of, charged with, and convicted of sexual assault. There are many reasons for this, including mistaken identity, or that the person accused had a reasonable belief that the person bringing the accusation consented to sexual intercourse.

Elements of sexual assault in New Jersey

You are committing sexual assault in New Jersey if you sexually penetrate another person while  using physical force.

You are also committing sexual assault in New Jersey when:

  • The victim is between 13 and 16 and you are four years older;
  • The victim is between 16 and 18 and is related to you or you have control over them;
  • The victim is under your control (they may be a prison inmate or on probation).

It is also sexual assault in New Jersey if you have sexual contact with someone under age 13 if you are over age 17.

Aggravated sexual assault in New Jersey

Sexual assault becomes aggravated sexual assault in New Jersey when the following conditions are met:

  • The victim is under 13 years old;
  • The victim is between the ages of 13 and 16 and you are a family member or have other control over them;
  • The sexual act involves a weapon or the threat of use of a weapon;
  • Another person assists you in committing the sexual act;
  • The victim of the sexual act is somehow incapacitated or is handicapped;
  • The act is committed during the commission of another crime.

In New Jersey, sexual assault is a very serious crime

Sexual assault is a felony in New Jersey. 

Sexual assault is generally a second degree crime with a maximum 10 year prison sentence.

Aggravated sexual assault is a first degree crime with a maximum of 20 years in prison.

Because penalties for sexual assault depend on the age of the victim and the exact circumstances of the case, if you are accused of sexual assault in New Jersey, you should not hesitate to contact an experienced sexual assault defense attorney.

Defenses to a Sexual Assault Charge

Because there are many cases in which individuals are falsely accused of sexual assault in New Jersey, it is important to understand some of the defenses that courts have deemed to be viable  in their past decisions.

Potentially viable defenses to a sexual assault charge in New Jersey.

Consent: A consent defense is when the person accused admits to committing the sexual act, but sets forth their reasonable belief that the sex was consensual. One of the reasons it is critically important to work with an experienced sexual assault defense lawyer in New Jersey is because consent a possible defense in not all types of cases. For example, where the victim is between 13 and 16 and you are four years older.

Insanity or Mental Incapacity: Where a person accused of sexual assault in New Jersey can prove they had a mental defect or disease at the time of the assault that prevented them from understanding the unlawful nature of their act, this is a potentially viable legal defense.

Innocence: Always the best defense in any criminal charge, sexual assault charges have been successfully defended by credible evidence that the person charged did not commit the act. It is critically important to remember that in any sexual assault case, the legal burden of proof rests with the prosecution. If a defendant can prove, for example, that it was impossible for them to have been physically present at the location of the sexual assault because they were in another location, this can support the defense of innocence.

Schedule A Free Case Review With An Experienced, Aggressive Sexual Assault Defense Lawyer Today

You need someone who understands the law and who will stand up and advocate on your behalf.  New Jersey defense lawyer Michele Finizio will analyze your specific situation and create a plan to defend your legal rights.  

We offer a free initial consultation for every client, so if you have been charged with sexual assault, don’t wait to seek legal help.  Call the Law Office of Michele Finzio today to schedule your free case review.

Frequently Asked Questions About Sexual Assault Law in New Jersey

Has The Law Offices of Michele Finizio defended clients charged with sexual assault in New Jersey?

Yes, we have years of experience defending individuals charged with sexual assault in New Jersey. Contact The Law Offices of Michele Finizio today so we can begin a thorough review of the circumstances surrounding the sexual assault charges against you.

I was charged with sexual assault but there was barely an act of penetration. Am I still potentially guilty?

Yes. In New Jersey, any sexual penetration, without regard to the depth of penetration or whether the accused ejaculated, is deemed to be sexual assault. As there are a range of defenses to a sexual assault charge, it is imperative that you contact an experienced New Jersey sexual assault attorney today.

Are fines and imprisonment the only consequences someone convicted of sexual assault might face?

No. Lifetime registry on the sex offender list and potential mandatory treatment and counseling may also be required if you are convicted of sexual assault in New Jersey.

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I could not have asked for a better attorney. Michele Finizio treated my cases and the cases of those I've recommended, as if we were part of her family.

-D.A.