Sex Crimes Attorney in New Jersey

In New Jersey, sex crimes are serious criminal offenses. Prosecutors vigorously pursue convictions and harsh sentences for such crimes. If you’ve been charged with a sex crime in New Jersey, a conviction could result in significant consequences to your reputation, freedom, and future.

At the Law Office of Jason A. Volet, our New Jersey sex crimes lawyers will advise you about your options for facing and resolving your charges. With thousands of cases and over 15 years of experience in the New Jersey criminal justice system, Jason A. Volet understands both sides of the law. That’s because he has worked as both a prosecutor and a criminal defense attorney. He’s been certified as a criminal trial attorney by the New Jersey Supreme Court, and he knows how to build criminal cases with effective defenses to sex crime charges. Contact the Law Office of Jason A. Volet today for a free initial case evaluation.

What Are the Different Types of Sex Crimes in New Jersey?

Examples of sex crimes under New Jersey criminal law include:

• Sexual assault
• Aggravated sexual assault
• Criminal sexual contact
• Aggravated criminal sexual contact
• Lewdness
• Luring
• Child pornography
• Endangering the welfare of a child
• Prostitution

What Are the Legal Penalties for Sex Crimes in New Jersey?

New Jersey law grades sex crimes by degrees, depending on the specific offense. Penalties for a sex crime conviction can include:

More severe sex offenses can come with additional fines and jail time, including up to a life sentence and parole supervision for life. However, the penalties don’t end there.

What Other Consequences Are There for Sex Crime Convictions?

Convictions for sex crimes in New Jersey may carry other consequences beyond prison time and fines. Depending on the offense, a convicted sex offender may have to register with the state’s sex offender registry as established by Megan’s Law.

A sex crime conviction also results in a criminal record that will show up in background checks for employment, housing, or educational programs. A sex crime on a person’s criminal record may result in disqualification from many forms of employment, including positions that require contact with children or vulnerable persons.

What Is Megan’s Law in New Jersey?

In New Jersey, Megan’s Law governs the obligations of certain sex offenders to register and report to state authorities. Sex offender registration enables law enforcement officials to monitor known offenders for potential future sex crimes and give the public notice about individuals who have committed sex crimes.

An Overview of Megan’s Law

New Jersey enacted its initial version of Megan’s Law in memory of 7-year-old Megan Kanka. Megan’s neighbor had prior convictions for sex offenses before he sexually assaulted and murdered her in Hamilton, New Jersey, in 1994. Megan’s Law now provides the public with notice of any sex offenders in the community.

The law established a sex offender registry, which requires criminal defendants convicted of specific sex offenses to register on the public registry. The New Jersey State Police maintain the Megan’s Law registry, with most information accessible online. The information included about a particular sex offender depends on the offender’s categorization. Offenders with a high risk of re-offense will have more information listed on the public registry than offenders with a moderate or minimal risk of re-offense.

Differentiating Tier 1, Tier 2, and Tier 3 Sexual Offenders

Sex offenders considered to pose a high risk of committing another sex offense are classified as Tier 3 offenders. These offenders have the most significant amount of personal information published on the public internet registry. Offenders with a moderate risk of re-offense fall into the category of Tier 2 offenders, with most information about them (with certain exceptions) also included on the public registry. Megan’s Law excludes Tier 1 offenders – convicted sex offenders deemed with a low risk of re-offense – from disclosure on the public internet registry. However, law enforcement will know about the sex offender’s status.

Registration Requirements

After committing a first offense requiring registry under Megan’s Law, a person must comply with their registration obligations for 15 years following conviction or release from imprisonment, whichever occurs later. After 15 years, a registrant under Megan’s Law who has not committed another offense may petition to terminate their registration obligations. The court can grant the petition if the registrant likely does not threaten the public.

People with convictions for sexual assault or aggravated sexual assault may not be eligible for removal from the list. Those convicted of two or more sex offenses face lifetime registration obligations and cannot petition to terminate their obligations.

Public Notification

Individuals who qualify as Tier 2 or Tier 3 sex offenders will likely have various categories of information published on the state’s internet sex offender registry made available to the public. The information included on the registry includes:

• A photograph of the registrant and the date of the photograph
• The registrant’s name and any known aliases
• The registrant’s address
• The qualifying sex offenses committed by the registrant
• A brief description of the offender’s modus operandi (method of offense)
• Whether officials have deemed the registrant to pose a moderate or high risk of re-offense
• A physical description of the offender, including gender, age, date of birth, race, hair color, eye color, height, weight, tattoos, or distinguishing scars
• A description of the offender’s known registered vehicles, including make, model, year, color, and plate number

What Are New Jersey’s Consent Laws?

In New Jersey, the consent laws govern how and when someone can agree to engage in sexual activity. The consent laws require a person to have the physical and mental capacity to understand the nature and consequences of sexual activity and express that they agree to participate. Consent laws more frequently refer to the age when a person gains the legal capacity to agree to a sexual act.

What Is the Age of Consent in NJ?

In New Jersey, a person must be at least 16 to consent to participate in sexual activity. However, they must be at least 18 to consent to sexual activity with someone who has a “duty to care” for them, meaning someone who has a position of authority or guardianship over the minor.

Anyone under 16 lacks the legal capacity to give informed consent to engage in sexual activity, even if they understand the nature and consequences of that activity. A person over the age of consent who engages in sexual activity with someone under the age of consent commits the crime of statutory rape, even if the person under the age of consent explicitly agrees to participate in sexual activity.

Romeo and Juliet Defense

New Jersey recognizes a “Romeo and Juliet” defense in specific statutory rape cases. The “Romeo and Juliet” defense applies in cases involving two people with an age gap of less than four years where one person is over the age of consent. The defense acknowledges the fact that two minors may enter a relationship where one person crosses into the age of consent before their partner.

How Will a New Jersey Sex Crimes Lawyer Defend You?

Depending on the facts of your case, you may have factual or legal defenses and case strategies that can help you avoid a conviction or the most severe consequences. A New Jersey sex crimes lawyer can help you put forth an effective defense by:

• Independently investigating your charges to secure all available evidence that might prove helpful in your defense
• Protecting your rights throughout the case, including going to court to challenge unlawful searches or questioning by investigators
• Reviewing the facts of your case to identify potential defenses or case strategies, such as asserting mistaken identity or consent or moving to exclude evidence the police unlawfully obtained from you
• Explaining your charges and the potential outcomes of your case to help you make informed decisions
• Advising you on your best options at each stage of the case and preparing a compelling defense if you choose to fight your charges at trial

How Much Will a NJ Sex Crimes Defense Attorney Cost?

The cost of hiring a sex crime defense attorney will depend on various factors, including the charges you face, the complexity of the evidence, and the strength of the prosecution’s case. Usually, a sex crime defense lawyer will work on an hourly fee basis, with the attorney getting paid based on the amount of time they spend on the case.

Although hiring a sex crimes defense lawyer can seem expensive, the consequences of a conviction can have far more devastating financial and personal effects on your life. Retaining an experienced sex crime defense lawyer may mean the difference between preserving your reputation and future or receiving a prison term and a criminal record that can weigh you down for years.

Contact a Skilled New Jersey Sex Crimes Defense Lawyer

When the police have arrested and charged you with sex crimes under New Jersey law, you need experienced legal counsel to help you protect your rights and interests. Contact the Law Office of Jason A. Volet today. You’ll get a free, confidential consultation where you’ll learn how a New Jersey sex crimes attorney can help you pursue a favorable outcome to your case.

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Client Testimonials

Jason was great. Made it clear early on I could call or text him at any time with any concerns I had about my upcoming court date. On the day of all charges ended up being dismissed. Jason was great throughout the process and I would highly recommend.

-Bill