New Jersey Aggravated Sexual Assault and DCPP
Aggravated assault in New Jersey is categorized six different ways. Being accused of aggravated assault is a very serious crime, and there is no statute of limitations. Below are the six types of aggravated sexual assault:
- The victim must be at least 13 years of age, but no older than 16 years of age. The defendant must have also known that he had a familial relationship with the victim, a supervisory or disciplinary power over the victim, or he was the victim’s parent or guardian.
- The defendant had penetrated the victim during a robbery, kidnapping, homicide, aggravated assault, burglary, arson or criminal escape.
- The defendant was armed while committing the act of sexual penetration. The defendant also threatened verbally threatened the victim, or gestured to use the weapon to gain the sexual advantage.
- Sexual penetration is committed and the defendant is aided or helped out by one or more other people, and they had used physical force or coercion.
- The use of physical force or coercion by the defendant resulted in severe personal injury to the victim.
- The victim was physically helpless, mentally defective or mentally incapacitated, and the defendant knew or should have known these conditions. Physical helplessness means that the victim was unconscious or unable to flee or communicate their unwillingness to act.
In all of these cases, the defendant had to have sexually penetrated the victim, and use these acts to purposely sexually arouse, degrade, or humiliate the victim, or to gratify themselves. If you have been accused of aggravated sexual assault, our team of smart, tough, and experienced NJ criminal divorce lawyers will help. If DCPP is after your child due to your aggravated sexual assault accusations, our team can attack your case from many different angles. We will work hard to help you bring your child back home, and to help protect you from these aggravated assault allegations.
Contact our NJ DCPP attorneys by calling 1-855-9JEFLAW (1-855-953-3529). This number is our 24/7 toll free hotline, which will connect you with one of our lawyers who is ready to fight for you and your rights.
Does your lawyer know what they are doing with a New Jersey DYFS / DCPP case?
Unfortunately, many people involved with a DYFS / DCPP case in New Jersey cannot afford to hire a good defense attorney. As a result, they will be represented by a public defender. Furthermore, most attorneys are local attorneys which means that they only practice in a limited area in New Jersey. Since they would only get at most, a few calls about a DYFS case, they don’t bother to learn the very different rules associated with NJ DYFS cases. Thus, there are only a limited number of attorneys in New Jersey that handle DYFS / DCPP cases on a regular basis. Most of the attorneys are good and they charge what they are worth. However, it seems that some NJ attorneys will take any case that walks in the door. As a result, I have seen some horrible moves made my lawyers that have no idea what they are doing.
This also happens because many people don’t realize that attorneys usually only practice a handful of areas of law. Think about it this way, you wouldn’t go to a podiatrist for brain surgery right? But the difference there is the podiatrist would refuse to help you where some attorneys will be happy to take your money and screw up your DYFS case for you.
When you are looking for a DYFS / DCPP attorney, may sure you find one that actually knows what they are doing, has a good track record of winning cases and will charge you a fair price. I cannot stress looking into the attorney’s track record enough. Some attorneys say they have handled a lot of DYFS cases which in fact, they have not; or if they have, they don’t get good results.