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As increasing attention is focused socially, politically, and through the media on sex crimes, including criminal sexual contact, NJ prosecutors have become increasingly aggressive about pursuing convictions for these crimes. In response, the New Jersey legislature has enacted more specific laws and regulations to protect victims of criminal sexual contact. What may seem like an innocuous act by some can be considered criminal by others. In some cases, it’s a fine line. What constitutes criminal sexual contact in Hackensack, Fort Lee, Elmwood Park, and Fair Lawn may be uncertain to some defendants, while others may know that what they did crossed the line.
At Lustberg Law in Hackensack, NJ, we represent individuals accused of every sex crime including criminal sexual contact and sexual assault. If you have been charged with criminal sexual contact in Hackensack, Paramus, Fair Lawn, Fort Lee, Newark, East Orange, or anywhere else in New Jersey, contact us today to schedule a free initial consultation.
Committed to providing clients with individual attention and crafting personalized defense strategies based on the facts of the case.
In many instances, New Jersey prosecutors file criminal sexual contact charges as a lesser charge of sexual assault. This means that a person accused of sexually assaulting someone may find themselves charged with criminal sexual contact as a compromise by prosecutors. Depending on whether you have been charged with third degree criminal sexual contact or fourth degree criminal sexual contact, the penalties may differ. Although criminal sexual contact is considered a lesser crime than sexual assault, the penalties are still severe.
If convicted of fourth degree criminal sexual contact, the penalties can include up to 18 months in NJ state prison. Additionally, upon conviction, you could be required to register under Megan’s Law for many years and up to a lifetime. For a third degree criminal sexual contact conviction, you may be sentenced to up to five (5) years in a state prison and required to register as a sex offender under Megan’s Law.
If convicted of criminal sexual contact, you may also be required to register as a sex offender for many years. Should this happen, the community where you choose to reside may be publicly notified of your charges. Additionally, with such a conviction, you may be prohibited from obtaining certain professional licenses, and you could be denied employment and educational opportunities.
Not only will the penalties be severe for a criminal sexual contact conviction in NJ, but the damage to your reputation, marriage, family, and general quality of life may be permanent. To protect a defendant accused of criminal sexual contact, there are certain defense strategies that could be effective. A strong defense may include proof that an interrogation and/or arrest violated your constitutional rights, refuting the victim’s allegations, arguing that there is insufficient evidence or witnesses, getting evidence thrown out due to police entrapment, and, in some cases, a defense of mistaken identity. Multiple other factors can be considered in preparation for your defense, including the type of act committed, the age of the victim, your relationship with the victim before the illegal sexual contact charge, the credibility of the victim, and so on.
When seeking a conviction for criminal sexual contact in New Jersey, the prosecution must prove certain elements regarding a perpetrator touching the victim’s sexual parts without consent. Moreover, regardless of whether the unwanted touching was done through clothing or without, it can be considered illegal. Beyond that, illegal criminal sexual contact can include a defendant sexually touching themselves in view of the victim.
Bergen County criminal defense attorney Adam M. Lustberg understands the law because he has represented countless individuals charged with sex crimes during the past decade in Fort Lee, Elmwood Park, Fair Lawn, Hackensack, Newark, and everywhere else in NJ. He knows how to help you fight your charges and avoid the most severe penalties for criminal sexual contact.
In all cases involving criminal sexual contact in New Jersey, the touching must be intentional, and it must be proven that it was done to degrade or humiliate the victim for the sexual arousal of the defendant.
There are numerous variables to prove criminal sexual contact. Some examples of what may constitute criminal sexual conduct take into consideration the relationship the perpetrator had with the victim:
Under New Jersey criminal sexual contact laws, touch of a person’s intimate parts without their consent is a crime. Such unlawful sexual touching includes:
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
Aggravated sexual assault is a first degree crime punishable by up to 20 years incarceration, lifetime supervision under Megan’s Law, and state probation. While the conduct that constitutes aggravated sexual assault is detailed and complex, the basic difference from criminal sexual contact is that it typically involves violence or the threat of violence, as well as the age of the victim.
Hackensack criminal defense attorney Adam M. Lustberg will vigorously fight for your constitutional right to fair and aggressive representation, and he will do so without judgment. There are multiple defense strategies for disproving charges of criminal sexual contact. To learn what your options are when you’ve been charged with this sex crime in New Jersey, call or email attorney Adam M. Lustberg today for a free, confidential evaluation of your charges. We are available 24/7. And you can be assured that you will always be treated with the utmost respect.
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