Aggravated Criminal Sexual Contact

Even an accusation involving a sex-related offense such as aggravated criminal sexual contact can have a significant impact on your life, your family, your career, and your position in your community. But you are innocent until proven guilty, and there are many options available to try to avoid the harshest penalties connected with such an offense. You need an experienced legal professional at your side to help you explore those options. The Law Offices of Jonathan F. Marshall have decades of experience representing clients who are accused of aggravated criminal sexual contact and other sex-related offenses at the Mercer County Courthouse which is located in the City of Trenton. Attorneys on Jonathan F. Marshall’s team serve Trenton, East Windsor, Princeton, Robbinsville, Lawrence and other towns throughout Mercer County. A lawyer at the firm can help you with a defense strategy to minimize your legal exposure and provide you with options on how to best move forward in your case. For a free initial consultation with a knowledgeable attorney, call (609) 683-8102. Lawyers are available to speak with you today.

Under N.J.S.A. 2C:14-3(a), a person is guilty of aggravated criminal sexual contact if he commits an act of sexual contact with the victim under any of the following circumstances:

1. The victim is at least 13 but less than 16 years old, and the actor is (i) related to the victim by blood or affinity to the third degree, (ii) has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status, or (iii) is a resource family parent, guardian, or temporary caregiver of the victim;
2. The act is committed during a robbery, kidnapping, homicide, aggravated assault on another, burglary or criminal escape;
3. The actor is armed with a weapon (or what the victim believes is a weapon) and threatens to use it;
4. The actor uses physical force or coercion and is assisted by others;
5. The actor uses physical force or coercion and the victim sustains severe personal injury;
6. The actor knew, or should have known, the victim is physically helpless or incapacitated, intellectually or mentally incapacitated, or had a mental condition rendering the victim unable to understand the nature of his conduct.

The term “sexual contact” means the intentional touching by the victim or actor of intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or gratifying the actor. In addition, “intimate parts” include sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person.

Aggravated criminal sexual contact is a third-degree crime. The penalty for a third-degree crime is 3 to 5 years imprisonment and a fine up to $15,000. A person convicted for aggravated criminal sexual contact may also be required to register as a sex offender under Megan’s Law.

Since aggravated criminal sexual contact is an indictable crime of the third degree, the offense falls outside municipal court jurisdiction. Your charge will be directed to the Mercer County Superior Court in Trenton which has authority to deal with charges of this grade.

Although a first time offender is eligible for Pretrial Intervention if charged with criminal sexual contact, the prosecutor often objects to admission given the sexual nature of this offense. Accomplishing diversion is definitely more difficult in cases involving this charge so hiring an experienced attorney is pivotal to success.

Aggravated criminal sexual contact is a serious charge that may result in substantial criminal penalties at the time of sentencing in Trenton, in addition to the social stigma associated with sex-related offenses. If accused of aggravated criminal sexual contact, you need to obtain legal representation as soon as possible to ensure your rights are protected. The lawyers at the Law Offices of Jonathan F. Marshall are available to aggressively represent you in court and provide the legal guidance you need to help you through the process. If your case arises from Ewing, West Windsor, Hightstown, Robbinsville, Pennington, or any other municipality in Mercer County, contact us for a free consultation anytime of day or night. A lawyer can be reached immediately at (609) 683-8102.