How many years can you get for sexual assault in NJ?

In New Jersey, sexual assault is typically charged as a second-degree crime carrying 5-10 years in state prison and fines up to $150,000. If elevated to aggravated sexual assault (a first-degree crime), penalties increase to 10-20 years in prison, with the No Early Release Act requiring service of 85% of the sentence before parole eligibility. Camili & Capo's attorneys understand these serious consequences and work relentlessly to challenge evidence, negotiate reduced charges when appropriate, or secure acquittals at trial.

What are the three main defenses to a sexual assault accusation?

The three main defenses to sexual assault accusations include consent (demonstrating that the sexual activity was consensual rather than forced), mistaken identity (proving you were not the person who committed the alleged assault), and false allegations (showing the accusation was fabricated due to motives such as revenge, custody disputes, or regret). Our experienced defense attorneys carefully evaluate the facts of your case to determine which defense strategy offers the strongest protection against the specific allegations you face.

What is the burden of proof in a sexual assault case?

In sexual assault cases, as with all criminal cases in New Jersey, the prosecution bears the burden of proving every element of the offense beyond a reasonable doubt. This high standard requires that the evidence leaves no reasonable doubt in the mind of a rational juror that the defendant committed the crime as charged. Our defense attorneys leverage this burden by identifying gaps in evidence, inconsistencies in testimony, and alternative explanations that create reasonable doubt about your guilt.

Is it hard to prove a sexual assault case?

Sexual assault cases are often challenging to prove because they frequently lack independent witnesses and may involve delayed reporting, which can limit available physical evidence. The prosecution must establish not only that sexual activity occurred but also that it was non-consensual, which often comes down to credibility determinations between conflicting accounts. Camili & Capo, PA's defense team understands these inherent challenges and develops strategies to highlight evidentiary weaknesses while protecting your presumption of innocence throughout the legal process.

What if someone falsely accuses you of sexual assault?

If falsely accused of sexual assault, it's critical to retain experienced defense counsel immediately who can investigate the accuser's background, identify potential motives for false allegations, and gather evidence supporting your innocence. Document all interactions with the accuser, preserve all communications, and collect evidence of your whereabouts at the time of the alleged incident. Our attorneys approach false accusation cases with particular vigor, conducting thorough investigations to uncover inconsistencies, contradictions, or evidence of ulterior motives behind the allegations.

New Jersey Sexual Assault Lawyer | Sexual Assault Defense Attorney in Totowa, NJ

New Jersey Sexual Assault Lawyer

Sexual Assault Defense Attorney in Totowa, NJ Providing Compassionate Legal Support in Passaic County, Hudson County, Essex County, Bergen County, and Throughout NJ

Being accused of sexual assault in New Jersey can instantly turn your life upside down, subjecting you to scrutiny, potential incarceration, and life-altering consequences. Having a dedicated New Jersey sexual assault lawyer by your side is essential to protecting your rights, reputation, and future. At Camili & Capo, PA, we understand the devastating impact these allegations have, and we approach each case with both legal precision and personal commitment.

Don't face these accusations alone. The strategic decisions made early in your case can significantly impact the outcome. Camili & Capo, PA offers zealous advocacy backed by years of courtroom experience. We understand the prosecution's playbook and use this knowledge to build effective defense strategies tailored to your situation. Contact our office today for a free consultation with an attorney who will fight relentlessly to protect your rights.

Types of Sexual Assault Cases We Handle in New Jersey

At Camili & Capo, PA, our extensive experience and deep understanding of criminal litigation in New Jersey provide us with the knowledge and skills necessary to defend clients against a wide range of sexual assault allegations.

We handle all types of sexual assault cases throughout New Jersey, including:

Sexual assault
Aggravated sexual assault
Criminal sexual contact (N.J.S.A. 2C:14-3)
Sexual assault against minors
Date or acquaintance sexual assault
Intoxication-related sexual assault cases
False accusation cases
Sexual assault with digital evidence

Our New Jersey sexual assault lawyers provide comprehensive representation at every stage of the criminal process, from pre-charge investigations through trial and appeal if necessary.

How New Jersey Defines Sexual Assault

Under New Jersey law, N.J.S.A. 2C:14-2 defines sexual assault as sexual penetration with another person under circumstances that legally establish a lack of consent. These circumstances include:

Use of physical force or coercion, without the victim's affirmative and freely given permission;
The victim is under 13 years old, regardless of the defendant’s age;
The victim is between 13 and 16 years old, and the defendant is at least four years older;
The victim is mentally incapacitated, intellectually disabled, or physically helpless;
The defendant holds a position of authority or supervisory power over the victim, such as in schools, correctional facilities, or certain professional relationships (e.g., therapists, guardians).

New Jersey distinguishes between:

Sexual Assault (Second-Degree) – generally includes the above conditions involving penetration without aggravating circumstances.

Aggravated Sexual Assault (First-Degree) – involves additional factors such as:

Use of a weapon,
Infliction of serious bodily injury,
Involvement of multiple perpetrators,
Victims under 13 years old, or
Situations where the defendant holds significant authority or control (e.g., a police officer, caregiver, or correctional officer).

New Jersey follows an affirmative consent standard. This means that consent must be clear, informed, and voluntary. Lack of resistance, silence, or failure to protest does not imply consent. This shift reflects a more trauma-informed and victim-centered approach to prosecution and investigation.

Defending Your Sexual Assault Case in New Jersey: Camili & Capo, PA's Approach

When you choose Camili & Capo, PA to defend against sexual assault charges, you benefit from a comprehensive defense strategy built on years of courtroom experience and insider knowledge of prosecution tactics. We begin with a thorough investigation, gathering all available evidence while scrutinizing the prosecution's case for procedural errors, constitutional violations, and evidentiary weaknesses. Drawing on Krenar Camili's experience as a former prosecutor, we anticipate the state's strategy and develop powerful counter-arguments tailored to your specific circumstances.

Our attorneys have extensive experience challenging accuser credibility, questioning forensic evidence, and presenting compelling alternative narratives to juries. We understand that sexual assault cases often hinge on credibility assessments and know how to effectively highlight inconsistencies that might undermine the prosecution's case. As seasoned litigators, we bring formidable trial skills to every case we handle, providing the knowledge and courtroom presence needed to effectively advocate for your rights.

Steps to Take After an Arrest for Sexual Assault in New Jersey

If you've been arrested or are under investigation for sexual assault in New Jersey, the actions you take immediately can significantly impact your case outcome. As your New Jersey sexual assault lawyer, we recommend that you take these crucial steps to protect your rights:

Exercise your right to remain silent: Politely inform officers that you will not answer questions without an attorney present. Anything you say can be used against you, even seemingly innocent statements.
Do not resist arrest: Even if you believe the allegations are false, cooperate physically with officers while maintaining your right to remain silent. Resisting can lead to additional charges.
Contact an attorney immediately: Before speaking to anyone about your case, consult with a sexual assault defense attorney in Totowa, NJ, who can protect your rights from the earliest stages.
Preserve evidence: If you have text messages, emails, social media communications, or other evidence that might support your defense, take steps to preserve this information.
Document everything: Make detailed notes about the arrest process, any statements made by officers, and your whereabouts before the alleged incident.
Avoid contact with the accuser: Do not attempt to contact or communicate with your accuser in any way, as this could result in additional charges or be used against you.
Be cautious about discussions: Do not discuss your case with anyone except your attorney. Conversations with friends or family are not privileged and could be used as evidence.
Follow bail conditions strictly: If released on bail, adhere strictly to all conditions to avoid revocation of your release.

At Camili & Capo, PA, we understand the urgency of these situations. Our attorneys can intervene quickly to protect your rights, begin building your defense, and guide you through each step of the legal process. Early intervention often allows us to investigate while evidence is fresh and witnesses' memories are clear, potentially leading to more favorable outcomes.

How Camili & Capo, PA Can Help With Your Sexual Assault Case

When facing sexual assault charges, the legal challenges ahead can seem overwhelming. At Camili & Capo, PA, our New Jersey sexual assault lawyers provide experienced, dedicated representation to help you navigate this difficult time with confidence and dignity.

Comprehensive Legal Representation

From the moment you engage our services, a sexual assault defense attorney in Totowa, NJ, from our firm begins working to protect your rights and build your defense. We conduct thorough investigations, challenge evidence, and examine witness statements for inconsistencies. Our firm brings valuable insight into how the state builds sexual assault cases, allowing us to anticipate tactics and develop effective counter-strategies. We explore every possible defense while maintaining absolute confidentiality and treating you with respect.

Navigating Complex Legal Challenges

Sexual assault cases present unique legal hurdles, including potential bias and prejudice. Our attorneys work diligently to ensure your case is decided on evidence and law rather than emotion, filing strategic motions to exclude prejudicial evidence and selecting impartial jurors. We also address consequences beyond the criminal charges themselves, including potential registration requirements.

Why Choose an Experienced Sexual Assault Defense Attorney in Totowa, NJ, at Camili & Capo, PA for Your Case?

When facing sexual assault allegations, your choice of legal representation can significantly impact the outcome of your case. Selecting an experienced sexual assault defense lawyer in New Jersey from Camili & Capo, PA provides you with dedicated advocates who understand the high stakes involved and the sophisticated legal strategies needed to protect your rights and future. Our firm offers a unique combination of prosecutorial insight, trial experience, and client-centered service that sets us apart in criminal defense.

You don't have to navigate this difficult time alone. Our experienced New Jersey sexual assault lawyers combine legal knowledge with genuine concern for your well-being, fighting tirelessly to protect your rights, reputation, and future. Contact us today to discover how our dedicated approach to criminal defense can make a difference in your case.

About Sexual Assault Matters in New Jersey

In recent years, he prosecution of sexual assault cases has intensified with significant changes to New Jersey's sexual assault laws expanding definitions of criminal conduct and enhancing penalties. The state has adopted affirmative consent standards, extended statutes of limitations, and implemented specialized investigation protocols, contributing to increased prosecution rates.

New Jersey's approach has evolved substantially, moving away from requiring proof of physical resistance and focusing instead on the absence of affirmative consent. These changes, while addressing legitimate concerns, have sometimes created challenges for the accused in mounting effective defenses.

At Camili & Capo, PA, we recognize that being accused doesn't make you guilty, and that the presumption of innocence remains fundamental. Our attorneys understand that people from all walks of life can face these allegations, often with limited understanding of the legal system they're suddenly thrust into. We stand ready to provide the skilled defense and personal support you need.

Contact an Experienced New Jersey Sexual Assault Lawyer at Camili & Capo, PA for a Free Case Evaluation

At Camili & Capo, PA, our experienced New Jersey sexual assault lawyers are committed to providing the aggressive defense you deserve. Don't face these serious charges alone — contact us today to schedule a free, confidential case evaluation where we can discuss your legal options and begin building your defense. We take the time to understand your situation, explain the charges against you, and outline a path forward.

Frequently Asked Questions About Facing Sexual Assault Charges in New Jersey

In New Jersey, sexual assault is typically charged as a second-degree crime carrying 5-10 years in state prison and fines up to $150,000. If elevated to aggravated sexual assault (a first-degree crime), penalties increase to 10-20 years in prison, with the No Early Release Act requiring service of 85% of the sentence before parole eligibility. Camili & Capo's attorneys understand these serious consequences and work relentlessly to challenge evidence, negotiate reduced charges when appropriate, or secure acquittals at trial.
The three main defenses to sexual assault accusations include consent (demonstrating that the sexual activity was consensual rather than forced), mistaken identity (proving you were not the person who committed the alleged assault), and false allegations (showing the accusation was fabricated due to motives such as revenge, custody disputes, or regret). Our experienced defense attorneys carefully evaluate the facts of your case to determine which defense strategy offers the strongest protection against the specific allegations you face.
In sexual assault cases, as with all criminal cases in New Jersey, the prosecution bears the burden of proving every element of the offense beyond a reasonable doubt. This high standard requires that the evidence leaves no reasonable doubt in the mind of a rational juror that the defendant committed the crime as charged. Our defense attorneys leverage this burden by identifying gaps in evidence, inconsistencies in testimony, and alternative explanations that create reasonable doubt about your guilt.
Sexual assault cases are often challenging to prove because they frequently lack independent witnesses and may involve delayed reporting, which can limit available physical evidence. The prosecution must establish not only that sexual activity occurred but also that it was non-consensual, which often comes down to credibility determinations between conflicting accounts. Camili & Capo, PA's defense team understands these inherent challenges and develops strategies to highlight evidentiary weaknesses while protecting your presumption of innocence throughout the legal process.
If falsely accused of sexual assault, it's critical to retain experienced defense counsel immediately who can investigate the accuser's background, identify potential motives for false allegations, and gather evidence supporting your innocence. Document all interactions with the accuser, preserve all communications, and collect evidence of your whereabouts at the time of the alleged incident. Our attorneys approach false accusation cases with particular vigor, conducting thorough investigations to uncover inconsistencies, contradictions, or evidence of ulterior motives behind the allegations.