Adam M. Lustberg of Lustberg Law Offices, LLC has published an article explaining how sexual assault charges are handled under New Jersey law. The article outlines the definitions, degrees of sexual assault, associated penalties, and available legal defenses. As a New Jersey sexual assault lawyer, Adam M. Lustberg provides clear guidance for individuals facing these serious allegations and emphasizes the importance of strong legal representation from the outset.

Sexual assault in New Jersey is governed by N.J.S.A. 2C:14-2, and it includes a wide range of conduct involving non-consensual sexual contact or penetration. The New Jersey sexual assault lawyer explains that sexual assault can be charged as either a second-degree or first-degree crime, depending on the circumstances of the alleged offense. 

“The nature of the contact, the age of the victim, and whether force or coercion was involved are key factors in how the charges are classified,” New Jersey sexual assault lawyer Adam M. Lustberg says.

A second-degree sexual assault charge may result from actions such as sexual contact with someone who is physically or mentally incapacitated, or when the actor has supervisory or disciplinary power over the victim. These charges can carry a prison sentence of up to ten years, with a presumption of incarceration, even for first-time offenders.

First-degree charges, classified as aggravated sexual assault, may involve victims under the age of 13, incidents involving weapons, or cases where the victim suffers serious physical or emotional harm. A conviction for aggravated sexual assault can result in up to 20 years in prison, with parole ineligibility under New Jersey’s No Early Release Act.

In addition to prison time, individuals convicted of sexual assault may be required to register as sex offenders under Megan’s Law, face community supervision for life, and be subject to restrictions that can affect housing, employment, and public movement. “A conviction can permanently impact a person’s reputation, relationships, and future. These cases must be defended aggressively and strategically,” Lustberg says.

Because of the sensitivity and stigma surrounding these cases, it is not uncommon for false or exaggerated accusations to arise. Lustberg highlights that defenses may include consent, mistaken identity, or lack of evidence. He also notes that credibility often plays a central role in these trials. “These cases frequently rely on conflicting testimonies. That makes thorough investigation and careful cross-examination crucial,” he explains.

The article warns that even before formal charges are filed, individuals under investigation should seek immediate legal counsel. Speaking to law enforcement without an attorney present can lead to self-incrimination, even unintentionally. “Involving a lawyer as early as possible improves the chances of protecting one’s rights and influencing the direction of the case,” Lustberg advises.

Another critical element is forensic evidence, including DNA, electronic communications, and surveillance footage. Adam M. Lustberg works with professional witnesses when necessary to challenge the reliability or interpretation of evidence presented by the prosecution. “Every detail of the investigation is carefully examined to ensure nothing is overlooked,” he says.

Given the seriousness of the charges and the potential for life-changing penalties, Lustberg advises anyone facing a sexual assault accusation to act quickly and remain silent until they have spoken with a qualified attorney.

About Lustberg Law Offices, LLC:

Lustberg Law Offices, LLC is a criminal defense law firm led by attorney Adam M. Lustberg. The firm represents clients accused of serious offenses, including sexual assault, aggravated assault, and weapons crimes. Known for strategic defense planning and unwavering client advocacy, Lustberg Law Offices is dedicated to protecting the rights and futures of individuals throughout New Jersey who are facing life-altering criminal charges.

Email: alustberg@lustberglaw.com

Media Contact

Name
Lustberg Law Offices, LLC
Contact name
Adam M. Lustberg
Contact phone
(201) 880-5311
Contact address
1 University Plaza Dr #212
City
Hackensack
State
NJ
Zip
07601
Country
United States
Url
https://www.lustberglaw.com/