A sex offense conviction can permanently destroy a person’s life, which is why anyone facing such charges in New York or New Jersey mustn’t wait to hire a sex offense lawyer who can craft a viable defense on their behalf. Fortunately, you’re in the right place. Contact the Law Offices of Aditya Surti, LLC today.
Sex Offense Lawyer | Serving Clients in NY & NJ
There is nothing more devastating than being convicted of a crime you didn’t commit, especially one of a sexual nature that can entirely ruin your reputation permanently. If convicted of a sex offense, you’ll find it nearly impossible to get certain jobs, housing, and even to secure certain loans. Only move forward with a dedicated Middlesex, New Jersey criminal defense lawyer in your corner.
Sex Offenses in New Jersey
According to the New Jersey State Law, sexual assault is the legal term for rape that is any sexual activity with a non-consenting individual or, depending on circumstances, even sexual activity with individuals who do consent. This is a severely punished crime under state law. The law covers a different range of sexual contact and levels of force or intimidation.
In New Jersey, sexual assault can be considered a second-degree crime or a first-degree crime depending on aggravating factors present in the case. The first-degree crime is known as aggravated sexual assault. Regardless of whether the crime is aggravated or not, the implications of it can be serious. The people convicted of this crime often fall under “Megan’s Law”. People falling under “Megan’s Law” are subject to community notification and their names are added to a national sex offender registry. This conviction can never be expunged. Hence, sexual assault charges should be taken as the highest priority and should not be ignored. A person who is charged with sexual assault or aggravated sexual assault should call an attorney before answering any questions from the police, or from anybody.
Sex Offenses in New York
Over the last several years, sexual offenses have become a serious problem in New York. As a result, the prosecutors are also aggressively aiming to convict the people who have been charged with sex crimes. As per the New York Penal Code, there are several actions that can be classified under sex crimes.
Under the New York Penal Code, the basis of any sexual offense is lack of consent or that the act was forced upon. If the person did not have the capacity to give consent legally and may have appeared to give consent, the consent would not be considered in court. If the person is under 17-year-old, suffers from a mental disability or incapacity, is physically helpless, or is in the custody of the Department of Corrections and the assailant is an employee of the Department of Corrections; then such a person does not hold the capacity to give consent. If the sexual offense involves physical forcing or a minor victim, then the nature of the crime becomes very serious.
According to the New York Penal Code, the types of sexual offenses are given below:
- Sexual misconduct and forcible touching: Both are classified as misdemeanors and involve touching another person’s intimate parts or having sexual intercourse, anal sex, or oral sex with another person without his/her consent. This criminal activity also involves having intercourse with an animal or a dead person.
- Rape: Rape is having sexual intercourse without the other person’s consent. Sexual intercourse means that the act involved even the slightest penetration. Rape can be classified into three degrees of rape (the first degree being the most serious).
- Criminal sexual act: When a person has oral or anal sex without the consent of the other person, then he/she may be charged with a criminal sexual act. Oral sex involves contact between the mouth and the penis, the mouth and the anus, or the mouth and the vulva or vagina, while anal sex involves contact between the penis and the anus. Criminal sexual action is classified into 3 degrees of crime – third-degree crime is a class E felony, second-degree crime is a class D felony, and first-degree crime is a class B felony.
- Sexual abuse: It can be a misdemeanor or a felony. Third-degree sexual abuse means sexual contact without consent. A second-degree sexual abuse charge involves a victim who is incapable of giving consent. Such an act is a class A misdemeanor. First-degree sexual abuse is a class D felony that involves forced sexual contact or sexual contact with a person who cannot give consent as per the law.
- Aggravated sexual abuse: This kind of sexual offense includes the insertion of a foreign object into a child’s vagina, urethra, penis, rectum, or anus for a reason other than a legitimate medical reason. Aggravated sexual abuse has four degrees and each of these is a felony.
- Sexual conduct involving a child: Sexual offenses against children result in the most severe penalties. It is a class D felony that includes at least 2 instances of sexual conduct with a child less than 11 years old within 3 months. If the criminal act involves sexual intercourse, oral sex, anal sex, or aggravated sexual conduct then it is a first-degree or class B felony.
Female genital mutilation: Such a sexual offense includes circumcising, excising, or infibulation of any part of the labia or clitoris of a child who is less than 18 years old. It is a class E felony.
The classification of sex crime determines the severity of the penalty. If a person is convicted of a sexual offense then he/she will have a criminal record or worse, the person has to register as a sex offender. A sex offender may have to register for at least 20 years or in some cases for a lifetime, according to the New York Sex Offender Registration Act.
Contact an NJ Sex Offense Lawyer Today
The penalties for any sex crime are severe, whether you live in New York or New Jersey, which is why it’s always best to retain the services of a competent sex offense lawyer who can fight those charges at every turn. Contact the Law Offices of Aditya Surti, LLC today to schedule your initial consultation with our firm.