Sexual assault is a severe allegation in its own right and is a second degree felony. When the crime is elevated to the level of aggravated sexual assault, it becomes a crime of the first degree and the penalties are much more substantial. The following are some factors that may lead to charges of aggravated sexual assault:

• The victim is under the age of 13.
• The victim is aged 13-16 and the accused has a familial or other statute-specified relationship with the minor.
• The assault took place while another crime specified by statute was being committed or attempted.
• The sexual assault involved significant physical force and resulted in physical injury.
• The sexual assault was committed by an individual who held something that was a weapon or could be used as such and threatened to utilize it.
• The victim was apparently incapacitated or helpless, physically or mentally.

What do I Need to Know If I was Charged with Aggravated Assault in NJ?

• Aggravated sexual assault is one of the most serious offenses on the books in New Jersey.
• If you are convicted of an aggravated sexual assault you are looking at a minimum of ten to twenty years in state prison and in some cases where the alleged victim is less than 13 years old, 30 years to life.
• You must serve 85% of that sentence before you are eligible for parole.
• You will also be placed on Megan’s Law, and you will be subject to parole supervision for life.
• You do not have the ability to make an application to come off of parole supervision for life after fifteen years.
• The prosecutor’s office is required to prove each and every element of that offense before you can be found guilty.

If you or a loved one was recently charged with sexual assault or aggravated sexual assault in New Jersey, call the Law Offices of Carlos Diaz-Cobo at 732-249-1125.