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New Jersey Aggravated Sexual Assault Lawyer
Understanding Aggravated Sexual Assault
In many ways, the term aggravated sexual assault conjures up images of any type of sex crime. It has been used to describe sex crimes that are not serious to those that are very severe. How the term aggravated sexual assault is defined is different from one state to another as well as at the federal level.
Sexual Assault
How aggravated sexual assault is defined in governing law can include different aspects of it.
Assault or battery which is one person trying to cause physical harm against a victim or displaying threats or specifically intended to threaten a victim as a way to make them fearful.
An attempt at rape
Sexual contact. This may involve fondling or groping directly against a person’s skin. This can happen over the clothing of one or both individuals and over other types of material.
Different than other Sex Crimes
The definition of a sex crime is based on if the criminal act was attempted or occurred as well as the timing of the criminal act and its severity. If it happened once or occurred repeatedly is also important. The more severe the criminal act, the more the perpetrator will be pursued.
State vs Federal Crime
There are federal laws and state laws against aggravated sexual assault. A state will prosecute an aggravated sexual assault case that falls under its established laws. Aggravated sexual assault cases that are more severe can result in federal sex crimes having been broken. Federal aggravated sexual assault convictions come with the most severe punishments. In some cases, a defendant can be tried at the state as well as federal levels. This is not double jeopardy. The U.S. Supreme Court has ruled that the states and federal government can try the same case if there are different aspects of the violations.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
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I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
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Aggravated Sexual Assault Charge
When someone is formally charged with aggravated sexual assault, they need to realize being charged with a crime does not mean they are convicted. They will have their opportunity for a fair trial. This is a time to seek legal advice about their case.
Sexual Assault Conviction
Certain things must be proven by a prosecutor to obtain a conviction of aggravated sexual assault.
The defendant’s touch of the victim was unwanted and done for the defendant to obtain sexual gratification, sexual arousal, or as part of sexual abuse.
The defendant did touch the victim without the victim’s consent and against their will.
Pleading
It is important when someone is charged with aggravated sexual assault to discuss their situation with an experienced attorney. They will know if a person should plead guilty or innocent. Pleading innocent will require a defendant to prove they are not guilty of the allegations made against them. This can be challenging unless a defendant can provide valid reasons why they are innocent.
Consent
A common legal defense is that consent did exist between the defendant and the victim. It will be the responsibility of the prosecutor to prove consent did not exist. A defense lawyer will know if they can establish if the sexual contact was done with or without the will or consent of the victim. This is often used if there is no direct evidence available, and the prosecutor’s case against a defendant is based on circumstantial evidence.
Insanity
This is a complicated legal defense. It will require an attorney to prove the defendant was temporarily or permanently insane at the time the alleged aggravated sexual assault took place. The laws covering an insanity defense can be very different from one jurisdiction to another. Using this legal defense will require a defendant to have a mental evaluation from a professional. They can’t establish innocence. They can only provide a medical diagnosis.
Onus of Proof
This is where a defendant’s attorney will try to create doubt. The burden of proof is with the prosecution. This means a prosecuting attorney has to establish that certain parts of their case are true. They must prove them true beyond a reasonable doubt. The attorney for a defendant will try and question the prosecution’s witnesses and evidence in a way to cause doubt concerning their validity.
When someone is charged with aggravated sexual assault, they should immediately contact an experienced attorney. They know how to review the facts of a case and determine the best possible legal defense. These legal professionals know how to get the best possible result from a difficult situation.
If you have been accused of aggravated sexual assault, you should speak with a skilled criminal defense attorney. Your attorney can help you understand your legal rights and can help you build a strong defense.
What Is Aggravated Sexual Assault?
New Jersey law has a number of different ways to categorize sexual assault. Aggravated sexual assault is the most serious type of sexual assault that you can be charged with.
To be guilty of aggravated sexual assault in New Jersey, you must have engaged in one of the following:
Sexual penetration with a victim who is less than 13 years old
Sexual penetration with a victim who is at least 13 years old but less than 16 years old and the defendant is a family member of the victim or is in a position of power over the victim
Sexual penetration of someone with a mental disability
Sexual penetration while using physical force or the threat of physical force
Sexual penetration while the victim is unconscious or unaware that the act is taking place
Sexual penetration while the victim has been given a date rape drug or has been sexually assaulted while under the influence of a controlled dangerous substance (CDS).
What Are the Penalties for Aggravated Sexual Assault?
The penalties for aggravated sexual assault in New Jersey are very severe. This crime is a first-degree felony. The minimum sentence you can receive is 10 years in prison. The maximum sentence is 20 years. In addition, you can be fined up to $200,000.
If the victim is less than 13 years old, the maximum sentence is increased to 30 years in prison.
If the victim is related to the offender or is under the offender’s supervision, the maximum sentence is increased to 25 years in prison.
If the victim is unconscious or unaware that the act is taking place, the maximum sentence is increased to 20 years in prison.
If the victim is under the influence of a controlled dangerous substance, the maximum sentence is increased to 20 years in prison.
What Is the Statute of Limitations?
The statute of limitations is the amount of time you have to bring a civil or criminal claim. The statute of limitations for criminal charges in New Jersey can vary depending on the type of crime. The statute of limitations for aggravated sexual assault is 15 years.
However, there are some circumstances that can extend the statute of limitations. If the victim was less than 18 years old at the time of the assault, the statute of limitations does not start until the victim turns 18.
In addition, if you have left the state of New Jersey, the statute of limitations may be paused until you return to New Jersey.
What Type of Defense Can I Use?
If you have been charged with aggravated sexual assault, you should discuss your case with a criminal defense attorney. Your attorney can help you build a defense to the charges you are facing.
The most common defense to aggravated sexual assault is that the victim gave consent. If the victim agreed to engage in sexual intercourse with you, you cannot be convicted of sexual assault.
