Sexual Assault Attorney in Monmouth County

A Certified Criminal Trial Lawyer Defending Monmouth County Clients Since 2006

A sexual assault charge under N.J.S.A. 2C:14-2 is a second-degree indictable offense, among the most serious charges a person can face in New Jersey. The Monmouth County Prosecutor’s Office Special Victims Unit handles these cases with investigators trained specifically in sex crime prosecution, and cases proceed in the Superior Court in Freehold. The consequences of a conviction extend far beyond prison time. At Law Offices of Carlos Diaz-Cobo, our founder Carlos Diaz-Cobo holds the Certified Criminal Trial Lawyer designation, a certification conferred by the NJ Supreme Court that fewer than 2% of New Jersey attorneys hold. We’ve defended clients throughout Monmouth County and across New Jersey since 2006.

We also serve Spanish-speaking defendants, a population with limited access to qualified criminal defense attorneys in this area. If you or a family member is facing charges, don’t wait.

Call us today at (848) 207-2709 to schedule a free consultation. The earlier you retain counsel, the more options we may be able to identify for your defense.

What New Jersey Law Defines as Sexual Assault

New Jersey doesn’t use the term rape in its criminal statutes. Sexual assault under N.J.S.A. 2C:14-2 is the statutory equivalent for charges involving penetration, and it covers specific conduct under two subsections.

Under N.J.S.A. 2C:14-2(b), sexual assault includes an act of sexual contact with a victim under 13 years old when the actor is at least four years older. Under N.J.S.A. 2C:14-2(c), it includes sexual penetration committed by physical force or coercion without severe personal injury, or involving victims who can’t legally consent due to age or the actor’s position of authority. Both are second-degree charges, distinct from aggravated sexual assault, a first-degree crime charged under N.J.S.A. 2C:14-2(a). One critical defense consideration: Prosecutors sometimes attempt to charge conduct as aggravated when the facts may only support a second-degree charge, and identifying that distinction early matters.

Penalties for a Sexual Assault Conviction in New Jersey

Second-degree crimes carry a prison term of 5 to 10 years in New Jersey State Prison. For certain subsections of 2C:14-2(b) and 2C:14-2(c)(1), the No Early Release Act (NERA) applies, requiring a defendant to serve 85% of their sentence before becoming eligible for parole. A conviction also triggers mandatory registration under New Jersey’s Megan’s Law, which can continue for life, though registrants may petition for removal after 15 years if specific conditions are met.

Beyond incarceration, the long-term consequences are severe:

• Parole Supervision for Life: Registrants must notify authorities of their address, employment, and school enrollment, and report any changes within specific timeframes.
• Public sex offender listing: Depending on the tier assigned, a registrant’s information may be publicly available, creating lasting barriers to housing and employment.
• Fines: Up to $150,000.
• Related charges: Criminal sexual contact or endangering the welfare of a child may be charged alongside the primary offense.

How We Defend Sexual Assault Charges in Monmouth County

These cases frequently turn on credibility. Physical evidence is often limited, and witness accounts are central to both the prosecution and the defense. Identifying inconsistencies in statements made to SVU investigators, during grand jury proceedings, or in prior disclosures can significantly affect how the state’s case holds together at trial.

Challenging the Evidence

When forensic evidence exists, we retain independent experts to examine collection methods, chain of custody, and the conclusions drawn from the state’s testing. When constitutional rights weren’t respected during the investigation, pretrial motions to suppress unlawfully obtained evidence or statements are a standard tool.

Analyzing the Charges & Legal Definitions

Consent analysis examines whether the alleged conduct meets the legal definitions of force or coercion under New Jersey law, accounting for age, power dynamics, and the specific circumstances involved. We also evaluate whether the state has correctly charged second-degree sexual assault or whether the conduct, as alleged, more accurately fits a lesser offense such as criminal sexual contact. Attorney Diaz-Cobo’s Certified Criminal Trial Lawyer designation reflects the trial preparation and courtroom skills these cases demand, and our firm is admitted to practice in both New Jersey state courts and federal courts.

How a Sexual Assault Case Moves Through Monmouth County Courts

After an SVU investigation, cases are presented to a grand jury for indictment and proceed in the Superior Court of New Jersey, Criminal Division, Monmouth Vicinage, in Freehold. New Jersey abolished cash bail under the Criminal Justice Reform Act, so pretrial release is decided at a detention hearing, where a judge weighs a Public Safety Assessment risk score. In sexual assault cases, prosecutors frequently seek detention without release.

From there, the case moves through discovery, pretrial motions, and either negotiation or trial. For some defendants facing second-degree charges, Pre-Trial Intervention (PTI) may be worth exploring. PTI faces significant opposition from prosecutors in sex offense cases, and eligibility depends on the specific facts of the case, but vigorous advocacy can sometimes help present that option. Retaining a sexual assault lawyer in Monmouth County before speaking to investigators is particularly important in SVU matters because those investigators are trained specifically in sex crime prosecution.

Why Clients in Monmouth County Choose Law Offices of Carlos Diaz-Cobo

Attorney Diaz-Cobo’s Certified Criminal Trial Lawyer designation sets a foundation that general criminal defense experience doesn’t replicate. Beyond that certification, he has been named Top 100 Criminal Defense Attorneys in New Jersey by the National Trial Lawyers Association (2023) and Top Ten Criminal Defense Lawyer Nationwide by the National Academy of Criminal Defense Attorneys (2024). The Middlesex County Bar Association named him Criminal Trial Lawyer of the Year, and his insight has been sought by ABC, CNN, Fox, NBC, and the Wall Street Journal.

Our firm is admitted to practice in the NJ Superior Court, NJ Federal District Court, the United States Court of Appeals for the Third Circuit and D.C. Circuit, and the United States Supreme Court. We’ve served clients throughout Monmouth County and across New Jersey since 2006. Attorney Diaz-Cobo is one of the few Latino criminal defense attorneys focused on this area of law, and we provide representation for Spanish-speaking clients at every stage of the process.

Start Your Defense with a Free Consultation

A second-degree sexual assault charge demands an immediate, thorough response. We offer free initial consultations with no obligation so you can understand your options before making any decisions. Whether you’re facing charges for the first time or an investigation has just begun, early legal intervention can affect what’s available to you.

Call Law Offices of Carlos Diaz-Cobo at (848) 207-2709 to speak with our team today.