Sex Crimes Defense Attorneys in South Jersey

Facing sex crime charges in New Jersey can be overwhelming and life-altering. The stakes are incredibly high, with potential consequences including severe penalties, long-term registration requirements, and lasting damage to your reputation.

Without the right legal support, navigating these complex charges can feel impossible.

But you don’t have to face this alone. An experienced New Jersey sex crimes defense lawyer at Lackey & Miller, LLC can protect your rights, investigate every detail of your case, and build a strong defense tailored to your situation. If you or a loved one is charged with a sex offense, take the crucial first step today: contact us for a free, confidential consultation and start defending your future now.

What Constitutes a Sex Crime in New Jersey?

In New Jersey, a sex crime includes any offense that involves sexual contact, penetration, no matter how slight, in which physical force or coercion is used, or in any situation where the victim is mentally or physically incapacitated. Examples of sex crimes in New Jersey include:

• Sexual assault: The sexual penetration through the use of physical force or coercion. Commonly known as rape, this is a second-degree crime under N.J.S.A. 2C:14-2(b)-(c).
• Aggravated sexual assault: This is sexual assault that involves some type of aggravating factor. That could be sexual penetration of someone under the age of 13, with someone between the ages of 13 and 16, in situations where the defendant has a familial or close relationship with the victim or in a position of authority such as a teacher. It may also include sexual assault during the course of another crime or using force that caused an injury. It also involves sexual assault using or threatening the use of a weapon, as stated in N.J.S.A. 2C:14-2(a).
• Criminal sexual conduct: This involves sexual contact that involves the use of coercion or force but does not lead to actual physical injury of the victim. This is a fourth-degree offense under N.J.S.A. 2C:14-3(b).
• Indecent exposure: The exposure of intimate parts of the body as a way to create sexual gratification when the defendant knows or should have known that a child under the age of 13, who is at least four years younger than the actor, was present. It also applies when such exposure occurs to someone who has a mental incapacity who cannot understand that exposure, under N.J.S.A 2C:14-4(b).

To understand sexual crimes under the law, you need to consider the following terms and definitions:

• Sexual penetration: Any sexually oriented penetration, including vaginal, anal, oral, or insertion of objects
• Sexual contact: Any type of intimate parts touching for the benefit of sexual gratification or humiliation
• Minor: If the victim is between the ages of 13 and 15, the charge may be statutory rape. If the victim is under the age of 13, the charges are aggravated.
• Victim: The victim is a person claiming the act took place or the person who did not or could not provide consent.
• Defendant: Sometimes referred to as the actor, is the party accused of engaging in these acts.

Consent is a critical factor. Sexual penalties and charges depend on consent.

Affirmative Consent

The law describes sexual assault as an act that occurs without the victim’s affirmative and freely given permission. This means that the victim, if they can give consent, must do so through some form of language, whether that is words or actions.

How Can a New Jersey Sex Crimes Lawyer Help with My Case?

With early legal counsel, you gain immediate protection for your rights. We encourage you to remain silent to protect your rights and avoid self-incrimination. When you hire a skilled lawyer, we will handle every aspect of your criminal defense, including:

• Gathering evidence from all sources that can substantiate your claims
• Scrutinizing the prosecutor’s case against you to find weakness or procedural errors
• Build a strong defense for you, including through the steps of challenging witness credibility, proving consent, or demonstrating mistaken identity
• Represent you in court, when necessary, including negotiating plea deals or defending you during trial

We strive for your best outcome. That may be having criminal charges dropped or achieving an acquittal. We guide you through the legal system to minimize long-term consequences that you could face, including lifetime placement on the sex offender registry.

Why Work With the Sex Crime Lawyers at Lackey & Miller, LLC

Lackey & Miller, LLC brings experience, in-depth understanding of not just New Jersey law, but also the implications of false statements and misconstrued claims. Our criminal defense attorneys have worked within the court system to help those accused have their fair say. With our extensive experience in developing solid defense strategies, our law firm helps people in very real situations that threaten their future to get justice. When you choose our New Jersey sex crimes attorney, you gain:

• Over 20 years of legal criminal defense representation for those facing a wide range of sexual offenses
• Accomplished attorneys with proven litigation experience, noted for aggressive advocacy and strategic advice

Our Experienced Trial Attorneys Represent 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.

Client Testimonials

“I reached out to Jeremy with questions related to my husband’s case when we were in search of a new attorney, and he was patient, understanding, professional, and extremely helpful from beginning to end. We ended up changing counsel to work with Lackey & Miller and it was the best decision we could have made, I only wish we found them sooner. He guided us through a very challenging time with clarity and compassion, making sure we always felt supported. Thanks to his dedication and expertise, the case ultimately resulted in a downgrade and eventual dismissal — an outcome we are beyond grateful for. I would highly recommend Jeremy to anyone in need of legal representation.” – K.S.

“I cannot recommend Mr. Derek Miller highly enough. From the moment I engaged his services, it was clear that I was in the hands of a true professional. Mr. Miller’s expertise, commitment, and compassion went far beyond my expectations. Throughout the entire legal process, he was not only knowledgeable and thorough but also incredibly attentive to my needs and concerns. His clear communication and ability to simplify complex legal terms made me feel confident and informed every step of the way. Whether it was responding to my calls, answering my questions, or providing strategic guidance, Mr. Miller was always there for me. Just remember LACKEY AND MILLER for MARVELOUS service!” – M.P.

“I want to say Thank You to Mr. Lackey for all the time, professionalism and compassion you provided for my son and our family! Words can not express how grateful we are for choosing you to take his case. Not only did you get him out of doing any jail time (which was our #1 priority) you got his probation reduced to only 6 months!! The way you left the judge thinking about the situation to the point he had to step away to his chambers and come back with only a 6 months probation brought a smile to my face that was lost in this whole unfortunate situation. We will definitely recommend you to all of our friends and family if they are ever in need(hopefully they never will be) of guidance. Thank you again Mr. Lackey” – B.R.

Types of Sex Crime Charges in New Jersey

A sex crime conviction can occur if law enforcement proves the engagement in sexually motivated actions. The following are some examples of the sex crime types that may occur.

Aggravated Sexual Assault

Dealing with charges of aggravated sexual assault is an incredibly serious matter, and you should 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 kidnapping 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

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 determine 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

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/Indecent Exposure

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

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 as 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

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 videos 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.

Internet Sex Crimes

These types of criminal sexual contact occur with the use of the internet. That includes:

• Online enticement or solicitation of minors
• Possession or distribution of child pornography
• Sextortion
• Revenge porn

These crimes carry a range of serious penalties that can include 18 months to as much as 20 years in prison, depending on the degree of the charge.

Sexting & Self-Generated Images (Teens & Adults)

Sexting includes sending, receiving, or sharing sexually explicit messages, images, or videos using any type of electronic device. That can include computers, social media platforms, or phones. This falls under N.J.S. § 2C:24-4 if it involves endangering the welfare of a person under the age of 18.

Statutory Rape

Statutory rape is sexual activity between an adult and a minor below the age of consent, regardless of apparent consent. New Jersey law criminalizes this action to protect minors who legally cannot consent. The age of consent is 16, meaning no person under that age can agree to sexual interaction.

Close-in-age exceptions, sometimes called the Romeo and Juliet Law, protect teens who engage in consensual sex with partners who are close in age.

Note that statutory rape is typically treated as a second or third-degree offense with corresponding penalties.

Juvenile Sex Allegations & Registration Nuances

If a person charged with such a crime is under the age of 18, various outcomes may occur. The arrest of a juvenile can only occur when probable cause is present in a case of a criminal act, disorderly persons offense, petty disorderly persons offense, or violations of any other penal statute, regulation, or ordinance.

Alternatives to arrest exist, including a stationhouse adjustment when a police officer brings the minor to the police station. This is done with the parent or guardian’s approval, and with the victim of the crime. In some situations, the case may be moved to social services agencies, or the juvenile may be enrolled in a program of counseling. Confidentiality is considered paramount.

What Are the Potential Penalties for a Sex Crime Conviction in New Jersey?

Potential penalties for sex crime convictions in New Jersey vary widely depending on the degree and nature of the offense.

• First-degree crimes, such as aggravated sexual assault involving victims under the age of 13 or cases involving weapons or severe injury, can result in prison terms ranging from 10 to 20 years or even life imprisonment, accompanied by fines up to $200,000. If the victim is under the age of 13, there is potential for a mandatory 25 year sentence, which must be served entirely before eligible for parole.
• Second-degree offenses, including many sexual assaults without aggravating factors, carry penalties of 5 to 10 years in prison and fines up to $150,000.
• Lesser offenses like third-degree aggravated criminal sexual contact or fourth-degree criminal sexual contact may lead to sentences from several years to 18 months in prison and fines ranging from $10,000 to $15,000.
• Disorderly persons offenses, such as lewdness or indecent exposure, usually involve fines and jail time up to six months.

There is more to the process than incarceration and fines. Convictions can bring years of probation and restraining orders from the alleged victim. Sex offender registration is necessary and remains a requirement for your lifetime. You may need to have parole supervision for life.

No Early Release Act (NERA)

This law aims to ensure those convicted of specific violent crimes serve a substantial portion of their sentence. It mandates that the defendant serve 85% of the imposed prison term before eligibility for parole. That means, if a person is given a sentence of 10 years, they must serve at least 8.5 years before being considered eligible for parole.

What is Megan’s Law?

Megan’s Law in New Jersey requires individuals convicted of certain sex crimes to register as sex offenders with the state. This law mandates that registered offenders provide detailed personal information, including residence and employment details, which are made accessible to law enforcement and, in some cases, the public.

Registration follows a qualifying conviction/adjudication. However, prosecutors may seek strict no-contact and supervision-like conditions pretrial.

Registration under Megan’s Law is often lifelong and includes strict reporting requirements. Failure to comply with these obligations is itself a criminal offense with severe penalties. The goal of Megan’s Law is to enhance public safety by informing communities about the presence of sex offenders and enabling law enforcement to monitor offenders closely. Convicted sex offenders may also face restrictions on travel, internet usage, and residency, making Megan’s Law a significant long-term consequence of a sex crime conviction in New Jersey.

Will I Have to Register as a Sex Offender if Convicted?

In many cases, yes. Most sex crime convictions in New Jersey require mandatory inclusion on the sex offender registry. This registry can severely restrict where a person can live, work, or even travel. A criminal defense attorney can fight to prevent a conviction or negotiate outcomes that may avoid or limit mandatory registration requirements.

Megan’s Law: Tiers, Internet Registry & Removal

Under this law, New Jersey categorizes sex offenders into three tiers. This is based on risk and defines when the public notification process goes into place. Here is a breakdown:

• Tier 1: The lowest risk parties. In this situation, only law enforcement is notified
• Tier 2: Moderate risk, law enforcement, and facilities like childcare centers and schools receive notification
• Tier 3: The highest risk, in which law enforcement, schools, and the community as a whole are notified

Tier 2 and 3 require internet registry, meaning anyone can look up the location of the convicted party.

Eligibility for removal is dependent on the situation but typically involves no new convictions in the 15 years since the original conviction or release. Some sex crimes are disqualified from any eligibility for removal, such as those who are convicted of aggravated sexual assault.

Challenging Tier Level & Internet Posting

It may be possible to challenge the tier level and, therefore, internet posting. You have 14 days from the assignment to challenge the classification. Your criminal defense attorney will help you to do this. A hearing and a review of evidence will be necessary to challenge your tier.

Parole Supervision for Life (PSL)

Parole Supervision for Life (PSL) is a mandatory post-prison sentence that requires lifetime monitoring and supervision. The terms of PSL could include:

• Daily curfews
• Unannounced visits by your parole officer
• Regular meetings
• Notification of arrests or issuance of a complaint, summons, or restraining order
• Prohibition from contact with victims, using any computer or device to create a social networking profile or to access a social networking service or chat room, and from owning or possessing a gun or other weapons

PSL is a special sentence imposed for certain sex offenses with stringent lifetime conditions; violations are separate 3rd-degree crimes, unlike technical probation violations. A violation can lead to a third-degree crime with 3 to 5 years of imprisonment possible. Having a defense strategy from a law firm can be critical in revocation hearings.

What Should I Do If I’m Charged with a Sex Offense in New Jersey?

If charged with a sex offense in New Jersey, it is crucial to immediately exercise your right to remain silent and request a criminal defense attorney before speaking to law enforcement or prosecutors. Do this no matter the type of charges you face, including sexual abuse, child molestation, or any form of sex crime.

• Avoid discussing the case on social media or with acquaintances
• Promptly contacting an experienced lawyer can help protect your rights
• Start building a defense with your legal team
• Navigate the complex legal process ahead with legal support

Early intervention is vital to gather evidence, challenge the charges, and mitigate potentially severe consequences.

Pretrial Detention, Release, and Conditions in NJ

Pretrial release recommendations are completed through a tool that determines the risk level to the public. In some situations, a person may be released while they wait for trial with limitations. Conditions typically include no contact with victims or at-risk populations. You may need to have GPS location monitoring. Internet restrictions are also very common.

Pre-Arrest and Investigation: What Happens First in NJ

Before your arrest, you can expect detectives to call you, courts to require you to turn over your phone or other technology, and subpoenas to be issued. You may have to appear for a line-up and answer critical questions. Do not do this without the help of an attorney.

• Don’t talk to law enforcement
• Don’t post on social media
• Don’t consent to searches

Can Sex Crimes Be Expunged in New Jersey?

Most serious sex offenses are not eligible; limited relief exists in narrow circumstances under NJ’s expungement statutes.

How Can a Sex Crimes Lawyer Help Defend Against Charges in New Jersey?

Our law offices can provide you with a wide range of resources and support thanks to our years of experience.

Our experienced attorney will listen and guide you in knowing your rights. Once you establish an attorney client relationship, we go to work to build evidence in your case. You do not have to face these charges on your own.

Potential Defenses Against Sex Crime Charges in New Jersey

Potential defense against sex crime charges in New Jersey requires a tailored approach, but some common defenses include:

• Innocence: Showing objective evidence such as alibis, DNA, or video proof that the defendant did not commit the crime.
• Insufficient evidence: Arguing the prosecution does not have enough credible evidence to prove guilt beyond a reasonable doubt.
• Consent: Demonstrating that sexual activity was consensual when legally applicable, recognizing that consent is not a defense in cases involving minors.
• Mistaken identity: Proving the defendant was misidentified or confused with another person.
• False accusation: Highlighting evidence that the charge was made maliciously or inaccurately, possibly for revenge or coercion.
• Suppression of evidence: Filing motions to exclude improperly obtained evidence that violates constitutional rights.
• Lack of intent or awareness: Arguing that the defendant lacked the requisite intent to commit the offense or was unaware of certain facts affecting consent.

Other Frequently Asked Questions

What types of charges are considered sex crimes in New Jersey?

Build Your Defense with a Trusted New Jersey Sex Crimes Attorney

If you have been arrested for a sex crime, let Lackey & Miller, LLC become your advocate. Call us at 856-399-0089 or fill out our contact form now. A free consultation may be available.