Child Molestation

Union County, New Jersey Sexual Abuse Defense Attorney

Have you been accused of a sexual crime against a child? Do you feel that suddenly, your family, co-workers, and others in your community don't want anything to do with you? A charge this serious can destroy your life even if you are not convicted. My name is Anthony N. Palumbo, I know what you are going through and I understand the consequences of child sex crime charges. It is easy for people to immediately sympathize with the child, and assume your guilt based on the severity of the accusation alone. As a partner of Palumbo & Renaud and a New Jersey sex crimes defense attorney with over 35 years of criminal trial experience, I have what it takes to aggressively defend your case, and make sure your right to be innocent until proven guilty is respected.

If you are convicted of a sexual crime against a child, you could be facing up to 20 years in prison, and a life time of shame and denigration through your criminal record and the public registry system known as Megan's Law. If you have been accused of a sex crime against a child, you need an attorney. Contact me today for a free initial consultation, and let's talk about your case. As a former prosecutor, I can easily identify the defenses that may lead to a dismissal or downgrade of your charge. Don't wait. The earlier you retain an attorney, the easier it may be to bargain for a lesser charge. Our firm represents clients throughout New Jersey including Newark, East Orange, Trenton, Elizabeth, Hackensack, Jersey City, New Brunswick, Freehold, Morristown, Paterson, Union, Woodbridge, Camden, East Rutherford, Hoboken, Chatham, Orange, West Orange, Irvington, Teaneck, Montville, Clifton, Kearny, Wayne, Fairfield, and Haledon.

I also defend charges of:

Child Abuse	Child Neglect
Child Molestation	Child Enticement
Public indecency	Voyeurism
Prostitution	Solicitation
Pornography	Date Rape
Lewd Acts	Pandering
Pimping	Statutory Rape
Unlawful Sodomy	Indecent Exposure

Understanding Child Sexual Abuse

Sex crimes against children and child molestation are very broad terms that encompass a lot of different crimes against children. However, generally when an adult commits an act of sexual penetration with a child, that adult will often be charged with either Sexual Assault, Aggravated Sexual Assault, Endangering the Welfare of a Child, or a combination of the charges.

Aggravated Sexual Assault

Let's take a look at what acts are necessary in order to be convicted of Aggravated Sexual Assault. Aggravated Sexual Assault can occur under several different circumstances. One way it can occur is if an adult commits an act of sexual penetration with another person; and the victim is under 13-years-old.

A second way it can occur is when the victim is at least 13-years-old, but under 16-years-old and one of the following circumstances is present:

• The adult is related to the victim by blood or affinity to the third degree; or
• The adult has supervisory or disciplinary power over the victim based on his legal, professional, or occupational relationship with the victim; or
• The adult is a resource family parent, a guardian, or stands in loco parentis within the household.

An example of having supervisory power over the victim would be if the adult was a teacher at the victim's school.

Sexual Assault

A charge of Sexual Assault can also result from committing an act of sexual penetration with a child, but under different circumstances. The crime of Sexual Assault has been committed when an adult commits sexual penetration with a child who is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

Another way Sexual Assault can be committed is when the victim is at least 16-years-old, but less than 18-years-old and one of the following circumstances exist:

• The adult is related to the victim by blood or affinity to the third degree; or
• The adult has supervisory or disciplinary power of any nature or in any capacity over the victim; or
• The adult is a resource family parent, a guardian, or stands in loco parentis within the household.

Sexual penetration means vaginal intercourse, cunnilingus, fellatio, anal intercourse, insertion of the hand, finger or object into the anus or vagina. It does not matter how deep the penetration is. A little is enough.

To view the entire New Jersey Statute that pertains to Aggravated Sexual Assault and Sexual Assault against child see N.J.S.A. 2C:14-2.

Endangering the Welfare of a Child

Endangering Welfare of Children is often charged along with Sexual Assault or Aggravated Sexual Assault when someone has committed an act of sexual penetration with a child. There are two ways someone can be charged with endangering the welfare of a child. The first requires that the person who commits the act also has a legal duty for the care of a child or has assumed responsibility for the care of a child; and

• The adult has engaged in sexual conduct which would impair or debauch the morals of the child; or
• The adult causes the child harm that would make the child an abused or neglected child.

Another way Endangering the Welfare of a Child is committed is when any other adult

• Engages in sexual conduct which would impair or debauch the morals of the child; or

• Causes the child harm that would make the child an abused or neglected child

To a child under the age of 16.

The difference between the two acts of Sexual Assault is that in the first one, the actor does not have a legal duty to care for the child, so the charge that results is not as severe.

To view the entire New Jersey Statute that pertain to Endangering the Welfare of a Child see N.J.S.A. 2C:24-4.

Penalties if Convicted

Aggravated Sexual Assaultis a crime of the first degree, therefore it carries penalties of:

• 10-20 years in prison

Sexual Assaultis a crime of the second degree, therefore it carries penalties of:

• 5-10 years in prison

Endangering the Welfare of a Childis a crime of the 2^nd degree if the adult has a legal duty to care for the child and a crime of the 3^rd degree if there is no duty. A 3^rd degree crime carries penalties of up to 5 years in prison.

If you are accused of a sexually abusing a child, the penalties do not end when you are released from prison. Megan's Law requires sex offenders to provide their personal information to the public, and the Jacob Wetterling Act requires sex offenders to provide information to their living communities.

If you have been accused of Child Sexual Abuse in New Jersey, speak to a New Jersey Sexual Abuse attorney right away about your rights. As a Union County defense attorney with over 35 years of criminal trial experience, I know what defenses will work for you and I will make sure you receive the lightest sentence possible based on the circumstances of your case. Call me at 866-664-8114 for your free initial consultation and I will listen attentively to your situation. Let my knowledge and experience help you avoid being labeled as a sex offender.