In New Jersey law, sexual assault is a baseline charge when pursuing an aggravated sexual assault conviction.
Prosecutors must prove not only the basic elements of sexual assault, but also the aggravating factors that enhance the charge to a first degree matter.
Most significantly, for a charge of aggravated sexual assault, prosecutors will have to prove “sexual penetration,” which is broadly defined and includes anal, oral, and vaginal penetration.
With a standard sexual assault charge, only unwanted or forced touching of intimate areas of the body has to be proved.
Penetration is not required to be convicted of sexual assault, only of aggravated sexual assault.
Other elements that the state may rely on in pursuing an aggravated sexual assault charge include that the defendant was armed and used the threat of the weapon as a way of forcing the encounter.
A sexual assault committed during the commission of another crime also rises to the level of aggravated sexual assault.
There are a number of other technicalities that can raise a sexual assault charge to a first degree offense, and there is no statute of limitations on sexual assault charges in New Jersey.
Protect yourself. Call attorney Matthew Reisig today at 732-625-9661 for a free consultation.