New Jersey Criminal Defense Attorney Defending Those Accused of Sex Crimes

Tracy L. Denholtz regularly represents clients throughout New Jersey who are accused of Sex Offenses, such as: Sexual Assault, Aggravated Sexual Assault, Criminal Sexual Contact, and Invasion of Privacy.  A conviction for a Sex Offense can have dire consequences:  it can expose you to a lengthy state prison term, and comes with a host of collateral consequences such as sex offender registration, parole supervision for life, and a mandatory psychosexual evaluation.  It can also impact employment, housing, finances, education, reputation, and relationships.  Because of this, it is crucial to have an experienced, skilled, and aggressive attorney by your side. 

Ms. Denholtz is a fierce criminal defense trial attorney with over a decade of experience.  Ms. Denholtz offers relentless advocacy, strategic defense, and exceptional service to clients accused of Sex Offenses throughout New Jersey.  At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves.  If you or a loved one are facing Sex Offense charges, Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

Aggravated Sexual Assault

(N.J.S.A. 2C:14-2(a))

Aggravated Sexual Assault: Under N.J.S.A. 2C:14-2(a), an actor is guilty of aggravated sexual assault if the actor commits an act of sexual penetration with another person under any one of the following circumstances:

• Victim Less Than 13 Years-Old: Under N.J.S.A. 2C:14-2(a)(1), an actor is guilty of aggravated sexual assault if the actor commits an act of sexual penetration with another person and the victim is less than 13 years old.

•  Victim Between 13 to 16 Years-Old: Under N.J.S.A. 2C:14-2(a)(2), an actor is guilty of aggravated sexual assault if the actor commits an act of sexual penetration with another person and the victim is at least 13 but less than 16 years old; and

  • Relative: The actor is related to the victim by blood or affinity to the third degree.

  • Position of Power: The actor has supervisory or disciplinary power over the victim by virtue of the actor's legal, professional, or occupational status.

  • Parent or Guardian: The actor is a resource family parent, a guardian, or stands in loco parentis within the household.

• Sex Assault Committed in Course of Committing Other Enumerated Crime: Under N.J.S.A. 2C:14-2(a)(3), an actor is guilty of aggravated sexual assault if the actor commits an act of sexual penetration with another person and the act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, carjacking, kidnapping, homicide, aggravated assault on the victim or a person other than the victim, burglary, arson, or criminal escape.

• Sex Assault Committed With a Weapon: Under N.J.S.A. 2C:14-2(a)(4), an actor is guilty of aggravated sexual assault if the actor commits an act of sexual penetration with another person and the actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object.

• Sex Assault Committed With Another Using Coercion or Without Consent: Under N.J.S.A. 2C:14-2(a)(5), an actor is guilty of aggravated sexual assault if the actor commits an act of sexual penetration with another person and the actor is aided or abetted by one or more other persons and the actor commits the act using coercion or without the victim's affirmative and freely-given permission.

• Sex Assault With Severe Personal Injury: Under N.J.S.A. 2C:14-2(a)(6), an actor is guilty of aggravated sexual assault if the actor commits an act of sexual penetration with another person and the actor commits the act using coercion or without the victim's affirmative and freely-given permission and severe personal injury is sustained by the victim.

• Victim Physically Helpless, Mentally Incapacitated, or Incapable of Providing Consent Due to Mental Defect: Under N.J.S.A. 2C:14-2(a)(7), an actor is guilty of aggravated sexual assault if the actor commits an act of sexual penetration with another person and the victim, at the time of sexual penetration, is one whom the actor knew or should have known was:

  • Physically Helpless: Physically helpless or incapacitated.

  • Mentally Incapacitated: Intellectually or mentally incapacitated.

  • Incapable of Providing Consent Due to Mental Defect: Had a mental disease or defect which rendered the victim temporarily or permanently incapable of understanding the distinctively sexual nature of the conduct, including, but not limited to, being incapable of providing consent, or incapable of understanding or exercising the right to refuse to engage in the conduct.

    
    

Sentencing in Aggravated Sexual Assault Cases:

• 1st Degree Offense: Aggravated Assault is a crime in the 1st degree.

• Sentencing 25 years to Life in Prison: Except as otherwise provided in N.J.S.A. 2C:14-2(d), a person convicted of aggravated sexual assault under N.J.S.A. 2C:14-2(a)(1), shall be sentenced to a specific term of years which shall be fixed by the court and shall be between 25 years and life imprisonment of which the person shall serve 25 years before being eligible for parole, unless a longer term of parole ineligibility is otherwise provided pursuant to this Title.

• Sentencing of 15 Years or More:  Under N.J.S.A. 2C:14-2(d), where a defendant is charged with a violation of N.J.S.A. 2C:14-2(a)(1), the prosecutor, in consideration of the interests of the victim, may offer a negotiated plea agreement in which the defendant would be sentenced to a specific term of imprisonment of not less than 15 years, during which the defendant shall not be eligible for parole. In such event, the court may accept the negotiated plea agreement and upon such conviction shall impose the term of imprisonment and period of parole ineligibility as provided for in the plea agreement, and may not impose a lesser term of imprisonment or parole or a lesser period of parole ineligibility than that expressly provided in the plea agreement.

 Contact a New Jersey Sex Crimes Defense Lawyer for a Free Consultation

Sex Offense cases are very nuanced and highly specialized.  If you or a loved one are facing Sex Offense charges, it is crucial to hire an experienced criminal defense attorney.  At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.