Criminal Sexual Contact Attorney in Hudson County

CRIMINAL SEXUAL CONTACT LAWYER IN JERSEY CITY

Criminal sexual contact is a serious crime in New Jersey that prosecutors will normally fight very vigorously. These charges can arise out of a number of different situations and allegations including anything from allegations of sexual harassment by a co-worker or employer to a random incident on the street. Our New Jersey sex crimes attorneys represent clients charged with criminal sexual contact and related crimes. It is not uncommon to see criminal sexual contact charged in tandem with other offenses such as endangering the welfare of a child or lewdness. And in other cases involving more serious allegations such as aggravated criminal sexual contact, sex assault, or even aggravated sexual assault, the prosecutor may offer to downgrade the charges to the lesser included offense of criminal sexual contact if they do not think they fully prove their case.

WHAT IS CRIMINAL SEXUAL CONTACT?

In order for you to understand what criminal sexual contact means, it is important that you first understand what the term “sexual contact” means in New Jersey. Our law defines sexual contact as any intentional touching, either skin to skin or through clothing, of the victim or defendant’s intimate parts for the purpose of degrading the victim or sexually gratifying defendant. Furthermore, our law defines “intimate parts” to mean any sexual organ, genital area, anal area, inner thigh, groin, buttock or breast of a person. Now with this in mind, in order for you to be found guilty of criminal sexual contact in New Jersey, the prosecutor must prove beyond a reasonable doubt that you (1) touched the victim intentionally and (2) that it was done for your sexual arousal OR to humiliate the victim.

NEW JERSEY LAW 2C:14-3B: CRIMINAL SEXUAL CONTACT

Criminal sexual contact happens when someone commits an act of sexual contact with a victim under the following circumstances:

(1) The actor uses physical force or coercion, but the victim does not sustain severe personal injury;

(2) The victim is on probation or parole, or is detained in a hospital, prison or other institution and the actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional or occupational status;

(3) The victim is at least 16 but less than 18 years old and:

(a) The actor is related to the victim by blood or affinity to the third degree; or

(b) The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or

(4) The victim is at least 13 but less than 16 years old and the actor is at least four years older than victim.

THE BEST STRATEGIES FOR DEFENDING CRIMINAL SEXUAL CONTACT ALLEGATIONS

Many times these cases involve some alleged incident that happened privately between the two people involved which creates a “he says, she says” scenario. In these circumstances the credibility of the victim and the defendant can be key. That is why it is usually important to see if the witnesses or alleged victim are willing to show up in court and provide testimony that may be subject to cross-examination. Moreover, in some situations, it can be beneficial to use a polygraph expert to administer a lie detector test to back up your side of the story. Over the years, we have secured some pretty extraordinary results for our clients facing criminal sexual contact charges including a complete dismissal or downgrade to a petty disorderly persons offense of harassment or disorderly conduct. These outcomes are significant when you consider that criminal sexual contact is a fourth degree crime punishable by up to 18 months in state prison. Moreover, a conviction carries a permanent felony record and the stigma of being convicted of a deviant sexual crime. To learn more about how we may be able to help you like the examples above, contact our office for a free consultation. All in-person meetings and telephone conversations are confidential so you do not have to worry about privacy issues.

DOES CRIMINAL SEXUAL CONTACT CARRY MEGHAN’S LAW?

This is one of the most common questions and concerns we come across from defendants who are under investigation or have been charged with criminal sexual contact. The answer is yes, a conviction for criminal sexual contact can carry a requirement to register for Meghan’s Law. However, the sex offender registration requirement is only mandatory when the alleged victim of the crime is a minor at the time of the offense. Once you are placed on Meghan’s Law, the prosecutor’s office will assign you a “Tier” based on your perceived risk to community. This tiering system is essentially what determines whether your information as a registered sex offender will be widely available on the internet or not. Moreover, if you fail to register or update your change of address then you will be charged with Failure to Register, which is a fourth degree crime. The New Jersey State Police provide more information on the Meghan’s Law registration requirements on their website.

OUR SEXUAL CONTACT ATTORNEYS OFFER FREE CONSULTATIONS

Based on the information above, it is clear that criminal sexual contact can arise out of several different scenarios. And depending on the exact allegations of the charges, a conviction for criminal sexual contact can carry Meghan’s Law sex offender registration and parole supervision for life. However, most of these charges simply involve allegations of being “groped” such as a smack on the butt or awkwardly brushing up against another person. Depending on the facts and circumstances of the case, sometimes they allegations can be sorted out and chalked up an honest mistake or misunderstanding. In other cases, our attorneys have been successful at challenging the evidence against our clients and demonstrating that the allegations could not be substantiated, which can result in a dismissal of the charges.

RECENT CASE RESULTS FOR CRIMINAL SEXUAL CONTACT CHARGES

State v. A.K. – We represented a client who was not a U.S. Citizen and was facing some serious implications after being charged with criminal sexual contact. The prosecutor’s office aggressively pursued the charges against our client based on strong victim opposition and denied him entry into the Pre-Trial Intervention program. However, we were eventually still able to secure a substantial downgrade from a fourth degree felony for criminal sexual contact to a petty misdemeanor known as disorderly conduct which can be expunged in as little as 3 years.