New Jersey Sex Offender Sentencing

Morris County NJ Megan’s Law Defense Attorney

Alissa Hascup represents clients throughout New Jersey, including in Morris County, Essex County, Bergen County, and Passaic County, who have been charged with criminal offenses such as sexual assault, criminal sexual contact, and endangering the welfare of a child.

If you have pleaded guilty to or been found guilty of a sexual offense, the consequences can be severe. It is important that you have an experienced attorney represent you at Sentencing and argue aggressively for the best possible result. Additionally, if you are a convicted sexual offender, it is absolutely critical that your attorney understands the nuances associated with your case. Contact Alissa Hascup anytime to schedule an initial consultation, which is always provided free of charge.

Sentencing of Sex Offenders in New Jersey: N.J.S.A. 2C:47-1 – N.J.S.A. 2C:47-10

N.J.S.A. 2C:47-1 through N.J.S.A. 2C:47-10 (commonly referred to as the “Sexual Offender Act”) govern the sentencing of sexual offenders, which has several components.

First, whenever a defendant is convicted of Aggravated Sexual Assault or Sexual Assault (N.J.S.A. 2C:14-2), Aggravated Criminal Sexual Contact (N.J.S.A. 2C:14-3a), Kidnapping (N.J.S.A. 2C:13-1c(2)), Endangering the Welfare of a Child (by engaging in sexual conduct which would impair or debauch the morals of the child – N.J.S.A. 2C:24-4a), Endangering the Welfare of a Child (N.J.S.A. 2C:24-4b(4)), or an attempt to commit any of the foregoing crimes, the Judge will order a psychological examination, which includes a determination of whether the conduct was characterized by a pattern of repetitive, compulsive behavior and, if so, a further determination of the defendant’s amenability to sex offender treatment and willingness to participate in such treatment. See N.J.S.A. 2C:47-1.

Second, the report will be forwarded to the Court. See N.J.S.A. 2C:47-2.

Third, the Court will determine, based on the findings contained in the report, the appropriate sentence. See N.J.S.A. 2C:47-3.

If the Court finds that the defendant’s conduct was characterized by a pattern of repetitive, compulsive behavior, and further that the defendant is amenable to sex offender treatment and willing to participate in such, then the Court will sentence the defendant to a term of incarceration to be served in the custody of the commission at the Adult Diagnostic and Treatment Center for sex offender treatment OR place the defendant on probation with the requirement that he/she receive outpatient psychological or psychiatric treatment.

Sentencing of Repeat Sex Offenders in New Jersey: N.J.S.A. 2C:14-6

Sentencing for a second or subsequent sexual offense conviction is governed by N.J.S.A. 2C:14-6, which sets forth that:

If a person is convicted of a second or subsequent offense under N.J.S.A. 2C:14-2 (Sexual Assault) or N.J.S.A. 2C:14-3a (Aggravated Criminal Sexual Contact), the sentence shall include a fixed minimum sentence of not less than 5 years during which the defendant shall not be eligible for parole

NOTE: The court does not have the discretion to suspend or make any other non-custodial disposition of any portion of the sentence imposed.

NOTE: An offense is considered a second or subsequent offense if the actor has, at any time, been convicted under N.J.S.A. 2C:14-2 or N.J.S.A. 2C:14-3a OR under any similar statute of this State, any other State, or the United States.

Contact a Denville NJ Megan’s Law Sentencing Lawyer for Help

If you find yourself in a situation where you or a loved one have been charged with a sexual offense, a conviction may result in exposure to a lengthy term of incarceration or mandatory period of confinement in the Adult Diagnostic and Treatment Center. A conviction may also require you to register under Megan’s Law for at least the next 15 years.

Alissa D. Hascup understands the importance of attacking the State’s case and limiting your exposure to the greatest extent possible. Ms. Hascup is prepared to use her extensive experience and knowledge of the law to your advantage, including at your Sentencing hearing. Call 862-257-1200 or email Alissa Hascup today for your free initial consultation.

If you are facing criminal charges in New Jersey, you want a battle-tested, aggressive criminal defense attorney on your side. Alissa D. Hascup will protect your rights and your freedom. She is highly skilled and incredibly motivated and puts clients first – always.

Please contact Ms. Hascup’s office today to request a free initial consultation about your criminal charges. She will review the facts of your case, answer your questions, and explain how she can best defend you.

Ms. Hascup can be reached 24/7. For your convenience, she offers night and weekend appointments, as well as virtual appointments.

Courts We Serve

In Passaic County, including Paterson, Clifton, Wayne, Passaic, West Milford, Hawthorne, Little Falls, Pompton Lakes, Ringwood, Woodland Park, Wanaque, Totowa, North Haledon, Haledon, Bloomingdale, and Prospect Park, in Morris County, including Morristown, Parsippany, Denville, Randolph, Rockaway, Madison, Boonton, Dover, East Hanover, Montville, Lincoln Park, Pequannock, Butler, and Riverdale, in Essex County, including Newark, East Orange, West Orange, South Orange, Irvington, Bloomfield, Montclair, Belleville, Nutley, Maplewood, Millburn, Verona, Cedar Grove, West Caldwell, Glen Ridge, Fairfield, and Roseland.

Offices

Alissa D. Hascup, Esq.