New Jersey Sex Offender Sentencing

Passaic County NJ Megan’s Law Defense Attorney

The Law Office of Alissa Hascup, LLC represents clients throughout New Jersey, including Clifton, Paterson, Wayne, Totowa, and Passaic County, who have been charged with criminal offenses such as sexual assault, criminal sexual contact, and endangering the welfare of a child.

Alissa D. Hascup has successfully handled thousands of cases in New Jersey, in Superior Court (indictable/felony level offenses) and Municipal Court (disorderly persons/misdemeanor level offenses). She is also a former special deputy attorney general and assistant prosecutor, who handled cases ranging from robbery and terroristic threats to weapons offenses and sexual offenses during the course of her career. Now she is fighting for you.

If you have pleaded guilty to or been found guilty of a domestic violence related crime, including 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 sentencing. Contact the Law Office of Alissa Hascup, LLC 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.

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 BUT the defendant is not willing to participate in such, then the Court will sentence the defendant to a term of incarceration to be served in a correctional facility.

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 Totowa 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 as a result of a domestic violence or other related incident, a conviction may result in exposure to a lengthy term of incarceration or mandatory period of confinement in the Adult Diagnostic and Treatment Center. In either instance, the consequences can be serious.

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 or email the Law Office of Alissa Hascup, LLC today for your free initial consultation.