Child Molestation Defense Lawyer in New Jersey
“Child molestation” is not the name of a single offense in New Jersey’s criminal code. Allegations involving a child may lead to charges under several statutes depending on the alleged conduct, the child’s age, the accused person’s age or relationship to the child, and other facts. At the Law Offices of Melissa Rosenblum, LLC, our New Jersey criminal defense attorney builds the defense around the exact charges in the complaint or indictment and the evidence the State intends to use.
Charges That Can Arise From Allegations Involving a Child
Depending on the allegations, prosecutors may consider offenses such as:
- Aggravated sexual assault, a first-degree crime
- Sexual assault, a second-degree crime
- Aggravated criminal sexual contact, a third-degree crime
- Criminal sexual contact, a fourth-degree crime
- Endangering the welfare of a child, which can be graded differently depending on the conduct and the accused person’s relationship to the child
For the applicable aggravated-sexual-assault provision involving a victim under 13, New Jersey law provides for a sentence between 25 years and life imprisonment, with 25 years served before parole eligibility unless a longer period applies. The specific charge and sentencing range depend on the statutory subsection and the facts of the case. See N.J.S.A. 2C:14-2.
What Can Happen After a Conviction?
New Jersey requires a psychological examination through the Adult Diagnostic and Treatment Center after convictions for certain sexual offenses and specified child-endangerment offenses, subject to statutory exceptions. Under N.J.S.A. 2C:47-1, the examination considers whether the conduct reflected a pattern of repetitive, compulsive behavior and, when applicable, the person’s amenability to sex-offender treatment. The result can affect sentencing and placement, but the consequences depend on the offense of conviction and the individual case. Certain convictions can also trigger Megan’s Law registration and supervision requirements.
Potential Defenses in Child Sexual Abuse Cases
A defense should be based on the evidence actually available, especially when an accusation is made long after the alleged event. New Jersey allows prosecutions for aggravated sexual assault and sexual assault under N.J.S.A. 2C:14-2 to be commenced at any time. Other charges can be subject to different limitation rules. Depending on the case, the defense may examine:
- How and when the first disclosure was documented
- Whether the child was interviewed once or multiple times
- Whether interview questions were suggestive, leading, or repeated
- Medical records or other evidence that conflicts with the alleged timeline
- Digital communications, location information, or other records relevant to the accusation
- The context in which the allegation first arose, including a custody or divorce dispute when that context is relevant to the evidence
Examining these issues does not require assuming that an accuser is untruthful. It means testing the State’s evidence and holding the prosecution to its burden of proof, particularly when memories, records, or physical evidence may be incomplete.
Where These Cases Are Heard in South Jersey
Indictable criminal cases from Atlantic and Cape May Counties are generally heard in the Superior Court in Mays Landing and Cape May Court House. The court location, charging documents, discovery, and procedural history can all affect how the defense is prepared.
Why Clients Contact Melissa Rosenblum
Melissa Rosenblum holds the Supreme Court of New Jersey’s Certified Criminal Trial Attorney designation and has practiced criminal defense for more than 25 years. She has also served as President of the Atlantic County Bar Association and has argued before the New Jersey Supreme Court.
Talk to a Defense Attorney Before Speaking With Detectives
Investigators may contact you before charges are filed, and statements you make at that stage can become part of the case. If you are under investigation or have already been charged, call (609) 904-6262 or contact us online for a free consultation.