Piscataway Rape Lawyer

When you are charged with rape, you are facing a serious allegation of sexual misconduct that can possibly result in lengthy prison sentences and additional stigma upon conviction.  A Piscataway rape lawyer could represent you in this type of case and help to ensure your rights are protected throughout every step of the process. Contact an experienced sex crime attorney from our firm today to begin reviewing the details of your circumstances with a trusted advocate.

What Circumstances Could Qualify as Rape?

New Jersey formally refers to the crime of rape as sexual assault, which can be aggravated or not, depending on if the sexual contact involves penetration. New Jersey Criminal Code § 2C-14-2 outlines the different circumstances that could lead to a charge of aggravated sexual assault. They generally fall into the following categories:

Cases Involving Minors

A person commits aggravated sexual assault with a minor when the victim is under the age of 13. Additionally, penetration involving a minor between the ages of 13 and 16 could also become aggravated sexual assault depending on the relationship of the accused to the minor. For example, if any of the following apply:

• The actor is a parent, guardian, or is acting in place of a parent
• The actor is in a supervisory position because of their job or legal status
• The actor is a relative within the third degree (i.e., a first cousin or closer)

These circumstances could lead to aggravated sexual assault charges.

Aggravated Sexual Assault Committed During Another Serious Crime

Aggravated sexual assault charges could also arise when the actor is also participating in another crime when the rape occurs. New Jersey lists several other serious crimes that could qualify, including robbery, burglary, kidnapping, aggravated assault, arson, criminal escape, or homicide. It does not matter if the person commits one of these crimes individually or with another person to be found guilty of aggravated sexual assault.

Rape Charges Resulting from a Lack of Consent

New Jersey recognizes rape and aggravated sexual assault that occurs when the actor does not have the consent of the victim. There are certain cases in which there is automatically a lack of consent, such as when an actor threatens to use a weapon against the victim or when the victim was physically or mentally incapacitated. In other cases, a lack of consent usually exists when the actor coerces the victim or does not have the victim’s affirmative and freely given permission.

A Piscataway rape attorney could further expand on the types of charges the accused faces and help strategize a defense for the case.

Potential Penalties for a Rape Conviction

Rape is either a second- or first-degree crime in New Jersey depending on if the charge is aggravated or not. In cases of aggravated sexual assault, a first-degree conviction could carry a punishment of 10-20 years in prison. However, aggravated sexual assault involving a minor under 13 carries a minimum 25-year sentence up to life imprisonment. Second degree sexual assault in New Jersey has a potential sentence of 5-10 years imprisonment. A rape attorney in Piscataway could help the accused understand possible consequences and assist with negotiating a plea deal to mitigate those punishments.

Work With a Piscataway Rape Attorney to Defend a Sexual Assault Charge

A Piscataway rape lawyer could be an important part of your defense when you face charges related to sexual assault. Our team has the experience and knowledge to help you analyze the evidence against you and plan the best approach to fighting the charges, mitigating the effects of potential penalties, or both.

Call today to schedule a consultation.