Criminal Sexual Misconduct Attorneys Passaic County, NJ

Protecting Clients’ Rights Across Wayne, Clifton, Paterson, Woodland Park, West Milford, Little Falls and Passaic County

Criminal Sexual Misconduct Attorneys Passaic County, NJ
Sex Crime

Sexual Misconduct and/or Aggravated Sexual Misconduct are lesser charges which often replace charges stemming from sexual assault or aggravated sexual assault. Criminal sexual misconduct is still a very serious sex crime which can result in third or fourth degree felony convictions and being registered as a sex offender as per Megan’s Law. If you or a loved one are facing criminal sexual misconduct or aggravated criminal sexual misconduct charges, it is vital that you secure solid legal representation to protect your legal rights.

At The Law Office of Del Sardo & Montanari, our criminal defense attorneys have extensive experience serving clients charged with criminal sexual misconduct across local New Jersey towns including Clifton, Woodland Park, Paterson, Wayne, West Milford, Little Falls and the greater Passaic County area. We believe in treating all of our clients with the respect and compassion we would hope to receive in such a stressful, life altering, and potentially embarrassing situation.

Call our office to speak with a member of our sexual misconduct defense team in a free and confidential consultation regarding your specific charges and how we can best serve your needs.

Sexual Misconduct N.J.S.A. 2C:14-3: Paterson, NJ Aggravated Sexual Misconduct Lawyers

Aggravated criminal sexual contact and criminal sexual contact are defined by New Jersey Revised Statutes Section 2C:14-3. This statute states that third degree aggravated criminal sexual contact charges will result from sexual contact under circumstances listed in N.J.S.A. 2C:14-2  – Sexual Assault. Fourth degree criminal sexual contact charges will result from sexual contact under the circumstances which would otherwise lead to a sexual assault charge.

To learn more about the specifics of these statues, click here to read more about sexual assault and aggravated sexual assault.

The primary differentiator between aggravated sexual assault/sexual assault and aggravated sexual misconduct/sexual misconduct is often the sexual contact itself, but is almost always the result of prosecution failing to provide sufficient evidence of sexual assault. For example, to be considered an aggravated sexual assault charge, the sex act must include sexual penetration. For our clients facing sexual assault charges, a downgrade to sexual misconduct may be a viable option dependent on circumstance.

Wayne, NJ Sex Crime Defense Attorneys Discuss Penalties for Criminal Sexual Contact

Third-degree aggravated criminal sexual contact convictions may result in a prison sentence between three (3) and five (5) years and fines up to $15,000.

Fourth-degree criminal sexual contact convictions may result in a maximum prison sentence of 18 months and fines up to $10,000.

For first time offenders, there is a presumption of non-incarceration. This means that our Wayne attorneys may be able to work with the judge to order probation rather than prison time. This is in contrast to sexual assault convictions that carry a presumption of incarceration.

Both crimes are considered criminal felonies, which means a mark on your permanent record, the inability to vote in public elections, own certain firearms, or receive some forms of public assistance or government aid. There is no possibility for expungement due to New Jersey laws regarding felony sex crime convictions.

Additionally, many sex offenders must register pursuant to Megan’s Law, meaning you must adhere to strict guidelines of registration and keeping in touch with law enforcement for a minimum of 15 years. Your name will be registered in a public database, your picture may be shown to neighbors when you change addresses and any present or future employers will be notified.

Clifton, NJ Criminal Sexual Contact Lawyers Discuss Defenses

When facing sex crime charges, it is vital that every piece of evidence being used against you is examined carefully. Our Clifton defense lawyers understand that even one piece of evidence being called into question or being outright dismissed can be the difference between conviction and acquittal. Some of the areas we will examine include:

  • Victim’s testimony – Were there any inconsistencies in the testimony? Does the victim have the credibility to make such claims?
  • Physical evidence – DNA and other physical evidence may be critical to the prosecution’s case. Was there significant physical evidence? Was the DNA evidence gathered properly and legally?
  • Witnesses – Were witnesses present? Did witnesses see the alleged sexual misconduct first hand? Are witnesses credible and have they been consistent? Is there any reason to believe that witnesses may have been coerced or pressured into false testimony?

Based on the evidence being held against you, our Clifton defense lawyers may recommend taking the case to trial or entering a plea bargain. We will work every possible angle of your case to see how we can attempt to poke holes in the prosecution’s arguments and show that you should not be convicted of a sex crime.

Contact our Woodland Park, NJ Sexual Misconduct Attorneys Today

At The Law Office of Del Sardo & Montanari, we have extensive experience protecting the legal freedoms of our New Jersey clients from towns including Paterson, Wayne, Clifton, Woodland Park, West Milford, Little Falls, and the greater Passaic County region. Lean on our knowledgable legal team to seek to have your sexual misconduct or aggravated sexual misconduct charges dropped or reduced so that you can move on with your life.

Contact us online or by telephone by calling our Woodland Park offices at (973) 233-4396 today to speak with one of our criminal defense attorneys in a free and confidential consultation regarding your sexual misconduct or aggravated sexual misconduct charges and to learn how our firm can best serve your individual needs.


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