Among the many offenses alleging some form of sexual misconduct, the crime of sexual assault is frequently charged. In New Jersey, sexual assault is a crime of second degree and carries with it a presumption of imprisonment. The normal sentencing range for a crime of sexual assault is between five (5) and ten (10) years in the New Jersey State Prison. The sentence for sexual assault falls under the no early release act which requires a person sentence under its purview is required to serve 85% of his or her sentence without parole.
The impact of a sexual assault conviction goes well beyond the term of imprisonment a person would ordinarily be required to serve. For example, a person convicted of sexual assault is required to be examined at the Adult Diagnostic and Treatment Unit for a determination as to whether or not that person is a repetitive and compulsive sex offender. In the event that a person is determined to be a repetitive and compulsive sex offender, he or she could challenge that finding at the time of sentencing. If the Court determined that the person was properly classified as a repetitive and compulsive sex offender that person would be required to serve some or all of his or her sentence at the Adult Diagnostic and Treatment Unit. A person who is required to serve a sentence at the Adult Diagnostic and Treatment Unit must be separately evaluated for release by that unit before he or she is eligible either to complete the rest of his or her sentence in State Prison or be paroled. A decision as to whether or not an inmate is eligible for release on parole will be made by the New Jersey State Parole Board. In the case of certain violent offenders, even the completion of an inmate’s prison sentence does not guarantee freedom. If an inmate is determined to be a sexually violent predator the inmate will remain in custody under a term of civil commitment
Whenever a person convicted of sexual assault is released from prison, he or she will be placed on parole supervision for life. He or she will also be subject to the registration requirements of Megan’s Law which in the case of repetitive and compulsive sex offender is every 90 days and for everyone else once a year. Classification within the tiers of Megan’s Law may also have other consequences including publication of one’s name on an internet registry of sex offenders.
South Jersey Criminal Defense Lawyers Represent Clients Charged with Sexual Assault and Other Sex Based Crimes
Not everyone charged with an offense is guilty. The Law Offices of The Law Offices of Christopher St. John specializes in the defense of sex based criminal charges. Our team of South Jersey criminal defense lawyer represent clients who are facing sexual assault charges without judgement, regardless of whether they committed the crime. Please feel free to contact us online or at 856-296-3481.
Christopher St. John
Tess Berkowitz