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Sexual Assault

Need a New Jersey sexual assault defense lawyer? Attorney Joel Silberman defends clients facing sexual assault and aggravated sexual assault charges.

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What Is Sexual Assault?

A Charge Defined by Its Circumstances

Sexual assault is a crime in New Jersey. It is also known as sexual battery or rape. The circumstances of the offense determine the degree of the crime, which in turn determines the penalties that apply. When it comes to sexual assault, the law is equal for everyone in New Jersey.

Sexual assault is the act of compelling someone to engage in sexual intercourse against his/her will. This crime also includes circumstances when the victim is mentally incapable of giving consent to sex and statutory rape.

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How the Charge Is Graded

Two Categories of Sexual Assault

Sexual assault is broadly classified into two categories:

1

Sexual Assault

Sexual assault occurs when:

The perpetrator used force or coercion, but the victim does not sustain severe injury.
The perpetrator was on probation or parole, or is detained in a hospital, prison or other institution and the perpetrator has supervisory or disciplinary power over the victim by virtue of the perpetrator’s legal, professional or occupational status.
The victim was at least 16 but less than 18 years old and the offender was in a position of power, such as a teacher or is a family member (including guardians) of the victim.
The victim was at least 13 but younger than 16 years old, and the defendant was at least four years older than the victim.
2

Aggravated Sexual Assault

In New Jersey, aggravated sexual assault is the most serious of the sexual offenses. It is a crime of the first degree. The law requires proof that the defendant had a purpose to sexually arouse, degrade or humiliate the victim or to gratify the defendant. Aggravated sexual assault occurs when:

The victim is younger than 15 and the offender is in a position of power, such as a teacher, or is a family member (including guardians) of the victim.
The rape is committed during the commission (or attempted commission) of certain crimes, such as robbery or kidnapping.
The offender possessed (or reasonably seemed to possess) a deadly weapon.
The offender was aided by one or more other people.
Physical force used to commit the crime caused severe personal injury to the victim.
The perpetrator knew or should have known that the victim was physically or mentally incapable of understanding the nature of his conduct or given consent.
The Range of Allegations

Types of Sexual Assault

Some of the different types of sexual assault are:

Child sexual abuse
Acquaintance/Date Rape
Stranger Assault
Incest
Intimate Partner Sexual Assault
Same Gender Assault
Sexual Harassment/Stalking
Sexual Exploitation by Professionals
Prostitution
Drug-Facilitated Sexual Assault
Indecent Exposure, Peeping, Hidden Cameras
Gang Rape
Child Pornography
What You Are Facing

Penalties

Penalties for sexual assault depend on the circumstances of the crime.

Sexual Assault

Sexual assault without any aggravating factors is a second degree crime, and incurs a fine of up to $150,000, up to ten years in prison, or both.

Aggravated Sexual Assault

Penalties for aggravated sexual assault include a fine of up to $200,000, up to 20 years in prison, or both.
Building the Defense

Sex Crime Offense Defense Lawyer

If you are facing a sexual assault charge, then consult our experienced New Jersey criminal defense attorney. At The Law Offices of Joel Silberman, LLC, we have been fighting for people accused of sex crimes for many years. We develop defenses that can help your case.

We can negotiate with the prosecutor for a lesser charge or a reduction in penalties. We serve throughout Jersey City and Newark in New Jersey.

Because the category turns on the circumstances, the same allegation can be charged at very different levels. What is established early — and what is challenged early — matters.
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In Their Words

What Clients Say

“I cannot recommend Joel Silberman, Criminal Defense Lawyer, highly enough! As someone dealing with extreme anxiety and facing the court system for the first time, I was incredibly overwhelmed. From our first meeting, Joel’s empathetic and understanding nature made me feel like I was talking to a friend rather than just a lawyer. He managed to bring my anxiety down to zero and, most importantly, he got my misdemeanor case dismissed with a clean record. If you want a lawyer who truly cares and delivers results, there is simply no one else like him. I will forever only trust him and will recommend him to my family and friends! You can tell he breathes, eats, and sleeps thinking about law! He is extremely passionate about defending others.” – Solangy Perez
“Joel constantly comes through. He has helped me and I have sent my family and friends to him. He does whatever he can to try and win and makes you feel safe and comfortable. He is like having a guard dog by your side going into battle!.” – Jason
“In my opinion, Joel is an exceptional attorney. I have no hesitation in recommending your professional legal services and I commend you on how friendly, accessible and efficient you are.” – Rogers
“I had a wonderful experience with Joel. He was the best attorney and friend I could have ever come into contact with. Joel saved my life and my family from total and utter destruction. Thank you so much for the time and effort you put into my son’s case.” – Stephen
“Joel is an outstanding defense lawyer! Very proactive, reliable, quick and he defends his client vigorously. Not only had he saved me, but also my time and money from the endless court fees, fines and other expenses as well.”- Christopher

Disclaimer: “Results may vary depending on your particular facts and legal circumstances.”

Speak With Joel Silberman

Facing a Sexual Assault Charge?

Call The Law Offices of Joel Silberman, LLC at 201-420-1913 or email us at joel@joelsilbermanlaw.com. Consultations are free and confidential.

Call 201-420-1913Free Consultation