Speak with an Atlantic City Child Sexual Abuse Defense Lawyer about Your Aggravated Sexual Assault Charges

Child sexual abuse is a serious matter. If you have been charged with possession of child pornography, or any other sex crime in New Jersey, it is imperative that you hire an experienced lawyer to fight your charges. Your livelihood, your reputation and, literally, your freedom are at stake.

John W. Tumelty, founding partner of the Law Offices of John W. Tumelty, is an Atlantic City criminal defense lawyer who represents clients in high-profile criminal cases throughout Atlantic and Cape May counties and throughout South Jersey. Mr. Tumelty’s 35 years of criminal law experience includes time as a former state prosecutor and a former Atlantic County prosecutor who was tasked with prosecuting major sex crimes. Now Mr. Tumelty brings his unique legal skillset and experience to bear when fighting for the rights of defendants on the other side.

NJ Prosecutors Seek Maximum Penalties in Child Sexual Abuse Cases

Sexual assault rises to the level of child sexual abuse when the victim is a minor. As set forth by N.J.S.A. 2C:14-2, child sexual abuse falls under the umbrella of “aggravated sexual assault” offenses. A person can be charged with aggravated sexual assault if they commit an act of penetration and at least one of the following circumstances applies:

• The victim is under the age of 13.
• The victim is between the ages of 13 and 16 and is related to the offender.
• The victim is between the ages of 13 and 16 and is under the supervisory control of the offender.
• The victim is handicapped or mentally incapacitated.
• The sexual act was committed during the commission of another violent crime such as homicide, aggravated assault, robbery, burglary, kidnapping, arson, or criminal escape.
• The offender used physical force and the victim sustained serious bodily injury.
• The sexual act involved the use of a deadly weapon.
• The sexual act involved a threat to use a deadly weapon.
• The offender committed the act with the assistance of another person and used force.

No Statute of Limitations Regarding Sex Assault Offenses

The state treats aggravated sexual assault offenses very seriously, which is why there is no statute of limitations for these offenses. If you are accused of aggravated sexual assault, you face some of the most serious penalties laid out in the New Jersey criminal code. Since the offense is classified as a first degree felony, a conviction can result in a sentence of between 10 and 20 years in NJ State Prison. Additionally, the No Early Release Act (NERA) applies to aggravated sexual assault convictions. This means that anyone convicted of the offense will be required to serve a minimum of 85 percent of their sentence before becoming eligible for parole.

If you are convicted of aggravated sexual assault, your nightmare won’t end when you are released from custody. The court may also impose Megan’s Law registration requirements, as well as require you to undergo an Avenel evaluation (a psychosexual evaluation).

Let an Experienced NJ Criminal Defense Attorney Fight Your Child Sexual Abuse Charges

If you are under investigation for child sexual abuse, do not speak to the police and do not consent to any searches. The first thing you should do is contact an attorney who understands the law and is capable of protecting your Fourth Amendment rights.

John W. Tumelty has a proven track record of fighting and winning criminal cases in South Jersey, Atlantic City, Brigantine, Margate, Ventnor, Longport, Atlantic and Cape May counties. His ultimate goal is always to achieve a dismissal or a not-guilty result so that his clients can avoid jail time and keep their permanent records clear of a criminal conviction. You can call or email Mr. Tumelty anytime to schedule a no-obligation consultation at one of his offices in Somers Point and Marmora.