Being accused of or charged with a sex crime offense is not only serious in terms of the potential legal consequences, but the potential social or economic consequences are often immeasurable.  This type of crime is one that is generally treated very seriously by every member of the judicial system, from the officers to the judges.  Oftentimes it only takes one individual’s statement to trigger an investigation.  That is why you want to have an experienced and aggressive attorney like Adam M. Lustberg that understands how to defend you against this type of charge.

Understanding the Crimes and Punishments

The most minor sexual offense is lewdness and is considered a disorderly persons offense that is punishable by as much as 6 months in jail and a $1000 fine.  If you are alleged to have exposed yourself to a child under 13 or exposed yourself where you were likely to be seen by someone with a mental disease and who is unable to understand the sexual nature of the act, you could be charged with a fourth-degree crime, which can include a sentence of up to 18 months and/or $10,000 in fines.

If you are a teenager and are alleged to have sent or received explicit pictures via text message or email, you could be facing a felony charge of child pornography. This is a charge that can not only result in jail time, but can also include as a requirement that you register as a sex offender.  This will be something that can follow you negatively for the rest of your life.  Contact Adam M. Lustberg immediately if you are facing this type of charge.

Sexual assault includes rape and other sexual charges.  It is considered a second-degree crime and is punishable by between 5 and 10 years in prison. This includes committing an act of sexual penetration under the following circumstances outlined in N.J.S.A. 2C:14-2:

(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

(c)     The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

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

Aggravated sexual assault is considered a crime of the first-degree and carries up to a 20-year prison sentence. If you are convicted, you may also be subject to the No Early Release Act and be required to serve 85% of your sentence before being eligible for parole.  First degree aggravated sexual assault is committed when an act of penetration occurs under the following circumstances outlined in N.J.S.A. 2C:14-2:

(1)     The victim is less than 13 years old;

(2)     The victim is at least 13 but less than 16 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 over the victim by virtue of the actor’s legal, professional, or occupational status, or

(c)     The actor is a resource family parent, a guardian, or stands in loco parentis within the household;

(3)     The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson or criminal escape;

(4)     The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;

(5)     The actor is aided or abetted by one or more other persons and the actor uses physical force or coercion;

(6)     The actor uses physical force or coercion and severe personal injury is sustained by the victim;

(7)     The victim is one whom the actor knew or should have known was physically helpless, mentally incapacitated, or had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the nature of his conduct, including, but not limited to, being incapable of providing consent.

Defending Against Sex Crime Charges

If the victim’s statement is believed beyond a reasonable doubt, it can result in your conviction. No other evidence has to be presented to prove your guilt to the jury. The majority of the casework will be on your defense lawyer, which is why you want to find one that is experienced in defending against crimes of this nature, which includes  investigating the circumstances under which the alleged victim’s statement was made.

Whether you have already been charged or you are being investigated, you need to contact Adam M. Lustberg immediately to allow him and his team to protect your interests and your rights.  Lustberg Law Offices, LLC is ready to fight for you and your future. Call us today for a free case evaluation.