Passaic County NJ Sex Crime Defense Attorneys

Megan’s Law Defense Lawyers in Little Falls, New Jersey

Passaic County NJ Sex Crime Defense Attorneys
Sex Crimes

One of the hardest things about being charged with a sex crime is that the police, prosecutors and general public want to believe you are guilty, even though you are innocent of the charges. New Jersey’s criminal system takes sex crimes seriously.  With stiff, mandatory minimum sentencing that runs from several years to life, the repercussions can be felt for many years. Apart from possible prison time, being convicted of a sex crime in New Jersey can have detrimental and long-lasting effects on your life. A sex crime conviction may require mandatory counseling, community service, and probation or parole.  There are many restrictions and requirements for the latter two, which include regular meetings with a parole or probation officer, proof of employment, payment of fines, a GPS ankle monitor used to enforce a curfew, and random drug and alcohol testing.  Failure to adhere to any probation or parole requirements may result in more jail time. Those convicted of sex crimes are very often obligated to register as sex offenders as well.

At The Montanari Law Group, we fight aggressively on your behalf because we know that police and prosecutors frequently make snap judgments and mistakes when it comes to sex offense charges. It is not uncommon for innocent people to get caught in illegal police sting operations or victimized by illegal search and seizure of personal computers, legal photos and other “evidence” they want to use against you. We challenge everything about the prosecutor’s case to prove your innocence and help you get the best possible outcome for your charges.

From offices in Little Falls, our lawyers advise and represent people charged with criminal offenses in communities throughout Passaic County and New Jersey. Call us at (973)-233-4396 or toll free at 888-877-7985 or contact us by email to arrange an initial consultation with one of our experienced Passaic County sex crime defense attorneys right away.

Sexual Assault Lawyers in Clifton NJ

Call us if you are under investigation or have been charged with any misdemeanor or felony sex offense in New Jersey, including:

Aggravated sexual assault is the use of physical or psychological force to engage in sexual activity with a minor 13 years of age or younger.  If the perpetrator is an authority figure in the child’s life and the child is between the ages of 13 and 16, it is also considered aggravated sexual assault.  The presence of weapons and the severity of injuries caused by the assault can influence the weight of the charges.

Sexual assault, also known as rape, is defined as penetration where force or coercion is used on a victim who is physically or mentally incapacitated.  If weapons are involved and the victim’s life or safety is threatened, this charge can be elevated to aggravated sexual assault.

Statutory rape occurs when there is consensual sexual penetration between an adult and a minor at least 13 years old but younger than 16 when the adult is at least 4 years their senior.  Statutory rape can also occur when an adult is in a position of authority over the minor such as a teacher or coach who is in a consensual relationship with a minor who is 16 or 17 years old.

Prostitution and solicitation are low-grade sex offenses under most circumstances. Repeated convictions can increase the charges from a disorderly persons offense to a fourth degree crime or higher depending on the number of convictions.  Knowingly engaging in prostitution with a minor is a second degree offense, and promoting or forcing a minor to participate in prostitution is a first degree offense.

Attempting to lure or entice a minor into a vehicle, building, or isolated area or arranging to meet to commit a crime against the minor is a sex crime with a presumption of jail time for the second offense or any other thereafter.

Indecent exposure and lewdness are considered relatively minor sex crimes as they involve exposing one’s genitals for arousal or conducting sexual acts in public.

The charge of endangering the welfare of a child is an umbrella term for many actions, such as inflicting physical harm or excessive physical restraint. Still, there are many aspects of this charge involving sex crimes, performing an indecent act in the presence of a child, allowing someone else to perform an indecent act in the presence of a child, sexual abuse of a child, or showing sexual material to a child.  Grading for these offenses is from fourth to first degree, depending on the circumstances.

Possession, distribution, or creation of child pornography are serious indictable felony crimes. For possession, the charges are less severe than those for distribution, creation, or manufacturing.

Clifton NJ Megan’s Law Attorneys

New Jersey maintains a sex offender registry. After the sexual assault and murder in the 1990’s of 7-year-old Megan Kanka by her neighbor, a previous sex offender, Megan’s Law was enacted to require the classification and registration of sex offenders in New Jersey.  The goal of Megan’s Law is to notify the police, and in some cases, the community, of potential sexual predators. If you are found guilty of a sex offense (including pleading guilty in a plea bargain), your punishment could include having your name placed on the registry for many years — or even for life.

You will be required to register your address or location whenever you move or travel. Information such as name, address,  date of birth, fingerprints, DNA sample identifying marks such as tattoos, the date and description of the event, and residential and work addresses must be provided. Internet-related sex crimes may require convicted offenders to register their email addresses, screen names, or online identities. The list is available to the public, and employers have the right to check it before making a hiring decision.  The amount of a person’s personal information that the public can access depends on the risk they present to the community in terms of recidivism.

The sex offender registry uses a three-tier system.  Tier 1 is for minor offenses, and their information is only available to law enforcement.  Tier 2 offenders create a higher risk, and their details can be shared with law enforcement and facilities where children are present.  Tier 3 offenders are considered the most dangerous.  Their personal information, photographs, license plate, home address, and work address are made known to law enforcement and places where there are children.

With a few exceptions, most offenders convicted of a sex crime in New Jersey are required to register.  Failure to register as required can result in being charged with a third degree crime. As a registered sex offender, many other areas of life can be affected. Many job applications include questions regarding convictions and their circumstances. Business owners are reticent to hire people with criminal records, even more so when sex crimes are involved.   Child custody or visitation time can be limited depending on the offense.  In addition, a sex crime conviction can affect an individual’s social standing. Considering the potential impacts in the short and long-term, we fight hard to keep your record clear and your name off the sex offender registry.

Effective Defenses Against Sex Crime Charges in New Jersey

Sexual Offense Defense Lawyers in Little Falls NJ An accusation is not an immediate finding of guilt.  The prosecution must prove beyond a reasonable doubt that a crime was committed while abiding by the rule of law and respecting your constitutional rights.  Illegal searches or seizures of your property or statements taken before being given your Miranda rights may provide a way to have your charges dropped.  Most sexual assault crimes involve some form of coercion to obligate the victim’s compliance, such as intimidation, harassment, threats, etc.  If the prosecutor is unable to prove coercion, they may not have a case.  As in the case of coercion, if it cannot be proven that you acted without the alleged victim’s consent, the case may be dropped.

Having an alibi, witnesses, a time stamp on a receipt from the store or at a restaurant, and a GPS location recorded on your phone or vehicle can all provide the evidence necessary to prove your innocence.  One of the most challenging defenses is against a false accusation.  Maybe an ex wants to exact revenge, a student wants a higher grade, a child disapproves of their new step-parent. All of these situations can provoke a false accusation, but an experienced criminal attorney may be able to prove the case meritless.

Contact our Totowa NJ Sex Crimes Defense Lawyers for a Free Consultation

Being accused of a sex crime can have dire consequences that include your family, your livelihood, and your future.  You cannot leave your future in the hands of just any attorney.  An excellent defense is invaluable when it comes to charges such as these. At The Montanari Law Group, our experienced legal team has successfully handled many cases like yours in Nutley, Haledon, Livingston, Totowa, Montclair, Ridgewood, Essex Fells, and elsewhere in Passaic County and Northern New Jersey. While we recognize that each person’s situation is different, we have built the tools and resources necessary to provide you with an excellent defense.

If you have been charged with any form of sex crime in New Jersey, there is no time to waste.  Contact us at (973)-233-4396  or make an appointment online. If you cannot come to our offices in Little Falls, we will make every effort to meet at a location convenient for you. We accept credit cards for your convenience and have a Spanish interpreter available.


To speak with one of our highly knowledgeable attorneys, contact us today at (973)-233-4396 or toll-free at (888)-877-7985. You can also complete the form below to begin your conversation. We are a personalized, boutique-style law firm that offers free initial consultations and flexible appointment options.