Former New Jersey Prosecutors Provide Aggressive and Strategic Advocacy Against Sex Crime Allegations

Cherry Hill Criminal Defense Firm Represents Individuals Accused of Sexual Assault

Facing accusations of a sex crime can have profound consequences, impacting relationships, marriages, employment, and even living situations. A conviction may lead to imprisonment, Megan’s Law registration, lifelong parole supervision, and significant financial penalties. At Lackey & Miller, LLC, located in Cherry Hill, our team of seasoned former prosecutors provides aggressive defense strategies in sex crime cases and we are always prepared to take our clients’ cases to trial.

Our experienced team understands the gravity of such accusations and is committed to protecting your rights. As former prosecutors, we approach each case with a comprehensive understanding of both sides of the legal process, enabling us to construct strong defenses. Often, sex crime cases rely on “he said, she said” scenarios, and our team is adept at scrutinizing the State’s case to challenge and counter such accusations.

Camden County Criminal Defense Attorneys Provide Personalized Representation for Clients Fighting for Their Freedom and Reputations

In all criminal matters, the State bears the responsibility of proving its case beyond a reasonable doubt, supported by compelling evidence. In cases involving sexual allegations, evidence can manifest in various forms. The State may seek to prove its case through witness testimony, text messages, online dating application messages, photographs or video, input from medical professionals, and even expert DNA testimony. When facing charges or accusations of a sex crime, you need a seasoned criminal defense attorney with extensive courtroom and trial experience. Your defense should be led by an attorney well-versed in examining expert witnesses, especially serology and DNA scientists. At Lackey & Miller, LLC, our background as former prosecutors uniquely position us to challenge these accusations and hold the State to its burden of proof.

If You Have Been Accused or Charged With Any Sex Related Crimes, You Need to Hire the Best Criminal Defense Attorney in Your Area to Protect Your Rights, Reputation, and Freedom

• Aggravated Sexual Assault (N.J.S.A. 2C:14-2a) – Dealing with charges of aggravated sexual assault is an incredibly serious matter, and you must contact an experienced criminal defense attorney immediately to secure legal counsel and to begin building a strong defense against these allegations. Aggravated sexual assault is a first-degree crime, carrying severe consequences, including a mandatory sentence of twenty-five years to life in prison, and twenty-five years must be served before parole eligibility.

The State is likely to pursue charges of aggravated sexual assault when an individual engages in the act of sexual penetration with a person falling within specific criteria outlined in the statute. Various factors can elevate a sexual assault to aggravated sexual assault, such as the age of the victim and the suspect’s relationship to the victim. For example, if there is an act of sexual penetration and the victim is under 13 years old, or between 13 but less than 16 years old, and the suspect is a parent (by blood or marriage) or holds supervisory or disciplinary authority over the victim, the person will most likely be charged with aggravated sexual assault.

In cases where there is an underlying violent crime, such as kidnaping or aggravated assault, the suspect may also face charges of aggravated criminal sexual assault. Additionally, if the individual knew or should have known at the time of the sexual penetration that the victim was physically helpless, incapacitated, or intellectually or mentally incapacitated, the State is likely to pursue charges of aggravated sexual assault.

These criteria represent only a subset of the conditions outlined in the aggravated sexual assault statute. If charged with this offense, it is important to note that it will be on a warrant, not a summons, which leads to an arrest and incarceration until a first appearance and detention hearing can be scheduled.

• Sexual Assault (N.J.S.A. 2C:14-2b) – Navigating charges of sexual assault and aggravated sexual assault involves a nuanced understanding of the law, as both offenses are within the same complex statute but have drastically different repercussions. While they share a legal framework, sexual assault differs from aggravated sexual assault in that it does not require sexual penetration; rather, any act of sexual contact constitutes the offense. Sexual assault is a second-degree crime, carrying a sentencing range of five to ten years of incarceration.

Like aggravated sexual assault, sexual assault involves specific criteria that determines when it is appropriate to charge the offense. For example, if the individual engages in sexual contact with a victim who is under 13 years old, and the suspect is at least four years older than the victim, or the suspect commits an act of sexual penetration through coercion or without the victim’s consent, and the victim does not sustain severe personal injury, the offense falls within the sexual assault statute and the individual will most likely be charged.

These examples represent only a fraction of the acts encompassed by the sexual assault statute. If you or someone you know is facing charges of aggravated sexual assault or sexual assault it is imperative to seek the counsel of a skilled criminal defense attorney as soon as possible.

• Criminal Sexual Contact (N.J.S.A. 2C:14-3) – The criminal sexual contact statute comprises of two distinct parts, and the classification and degree of the offense depend on the status of the victim, as outlined in the sexual assault statute (N.J.S.A. 2C:14-2). The victim’s status plays a crucial role in determining whether the charge is for aggravated criminal sexual contact, a third-degree crime, or criminal sexual contact, a fourth-degree crime. Other factors include the situations surrounding sexual contact, for example, whether multiple individuals were involved, or a weapon or threat of violence was used during the encounter. Lackey & Miller, LLC, with its team of former prosecutors, is ready to provide the legal guidance and defense strategies necessary to navigate these complex cases.

• Lewdness (N.J.S.A. 2C:14-4) – Engaging in lewdness constitutes a disorderly persons offense when an individual performs a flagrantly lewd and offensive act, knowingly or reasonably expecting it to be observed by other nonconsenting persons who would be affronted or alarmed. A lewd act, in this context, involves the exposing of the genitals with the intent to arouse or gratify sexual desire, either for the actor or any other person. While lewdness is generally charged as a disorderly persons offense, there are instances where it can be a fourth-degree offense.

For example, if the suspect knew or reasonably knew that their actions would be observed by a child less than 13 years old, lewdness may be charged as a fourth-degree offense. It’s crucial to recognize that, despite often being charged as a disorderly persons offense, lewdness should not be taken lightly. A conviction can have serious consequences, including job loss and extreme embarrassment within the community.

• Invasion of Privacy (N.J.S.A. 2C:14-9) – In today’s era of widespread filming, photography, and video recording, it’s crucial to be aware that taking nude photos or videos, even with a perceived implied consent due to a relationship, can lead to charges of invasion of privacy. New Jersey’s invasion of privacy law classifies such actions a third-degree offense. Specifically, it is considered a third-degree offense to photograph, film, videotape, record, or reproduce in any manner, the image of another person whose intimate parts are exposed or who is engaged in a sexual act of penetration without that person’s consent.

Moreover, there is a separate third-degree crime if these images or videos are shared without the consent of the person depicted. What may have initially seemed innocent at the time, can result in serious charges under the invasion of privacy law.

• Sexual Extortion (2C:14-9.1) – In New Jersey, sexual extortion, similar to many sex crimes, is categorized into two parts, contingent on the victim and acts – sexual extortion and aggravated sexual extortion. Sexual extortion involves coercing an individual into engaging in any form of sexual contact under the threat of exposing photographs or video of the victim’s intimate parts. Sexual extortion is a third-degree crime. The severity increases when the victim is under the age of 18 or is an adult with a developmental disability, elevating the charge to aggravated sexual extortion, which is a second-degree crime. It’s important to note that this offense is seldom charged in isolation, and individuals facing allegations of sexual extortion may also expect to be charged with aggravated sexual assault or sexual assault.

If you find yourself confronting charges related to sexual extortion or aggravated sexual extortion, seeking the counsel of a skilled defense attorney is imperative. Contact Lackey & Miller, LLC, immediately to ensure your rights are protected and to mount an aggressive and strategic defense tailored to the circumstances of your case.

If You Are Convicted of a Sex Crime in New Jersey, You Could Face Megan’s Law Registration Requirements and Parole Supervision for Life

Navigating New Jersey’s Megan’s Law registration requirements under N.J.S.A. 2C:7-2 demands a thorough understanding of the legal intricacies involved. The repercussions of Megan’s Law registration and failure to register correctly are significant, impacting individuals convicted of certain sex offenses. Compliance with registration mandates is crucial, as failure to do so can lead to additional charges and even incarceration in county or State prison. At Lackey & Miller, LLC, our experienced criminal defense firm recognizes the gravity of Megan’s Law obligations and provides aggressive defense strategies for charges related to Megan’s Law violations.

What About Parole Supervision for Life?

In New Jersey, the imposition of a special sentence of parole supervision, as outlined in N.J.S.A. 2C:43-6.4, carries significant implications for individuals convicted of certain offenses outlined in the statute. This special sentence involves a period of strict parole supervision following the completion of the initial prison term. During parole supervision, individuals are subject to stringent conditions, intensive monitoring, and regular check-ins with parole officers. There are usually internet access restrictions as well, including a prohibition of internet usage without prior written approval, periodic unannounced examinations of a person’s computer or device, or the installation of internet monitoring software.

After serving fifteen years under a special sentence of parole supervision, an individual has the option to petition the Superior Court for release. However, the grant of this relief is contingent upon providing clear and convincing evidence that the person has maintained a crime-free record for the entire fifteen-year period since the last conviction or release from incarceration. Additionally, the petitioner must demonstrate by clear and convincing evidence that they are unlikely to pose a threat to the safety of the community if released from parole supervision. Securing release from this special probation requires a thorough and compelling presentation of evidence, and individuals seeking such relief can benefit from the expertise of legal professionals. Lackey & Miller, LLC, with its experienced team, stands ready to assist individuals in navigating the complexities of this process, offering strategic legal representation to achieve the best possible outcome for our clients.

Contact a Proven Cherry Hill Criminal Defense Firm for a Free Consultation

Lackey & Miller, LLC, located in Cherry Hill, represents clients charged in Camden County, Burlington County, Gloucester County and throughout the South Jersey area in criminal defense matters. To discuss your legal rights and options with our criminal defense attorneys, please call 856-399-0089 or contact us online.